18.11.2024

Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held a regular session.

At the court session was examined the constitutional case based on the inquiry of the Baku Court on Grave Crimes on interpretation of Article 294 of the Criminal Code of the Republic of Azerbaijan in terms of Part VIII of Article 71 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge R.Gvaladze, studied and discussed the reports of interested parties – Baku Court on Grave Crimes and Staff of the Milli Majlis (Parliament), the conclusions of specialists – Criminal Chamber of the Supreme Court, Prosecutor's Office of the Republic of Azerbaijan  and Criminal Chamber of the Baku Court of Appeal, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that in terms of Part VIII of Article 71 of the Constitution of the Republic of Azerbaijan and Article 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, persons defined in Article 294.2 of the Criminal Code of the Republic of Azerbaijan (investigator, interrogator, prosecutor or defense attorney) may act as subjects under Article 294.3 of that Code.

Taking into account that, according to the legal positions reflected in the descriptive-substantiating part of this Decision of the Constitutional Court, the "serious consequences" envisaged as a descriptive feature in Article 294.3 of the Criminal Code of the Republic of Azerbaijan may also arise as a result of falsification of evidence in a civil case, it is recommended to the Milli Majlis (Parliament) of the Republic of Azerbaijan to make appropriate amendments to that article in this direction, in accordance with Paragraph 17 of Part I of Article 94 of the Constitution of the Republic of Azerbaijan.

The decision comes into force from the date of its publication, is final, and may not be cancelled, changed or officially interpreted by any institution or official.