02.11.2026

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 request of the Prosecutor's Office of the Republic of Azerbaijan on the related interpretation of Articles 100.2.1, 100.3 and 469.4 of the Code of Criminal Procedure in connection with Articles 65.7, 142.2 of this Code and certain norms of chapter 33 of the Civil Procedure Code.

Having heard the report of Judge F.Mammadov, studied and discussed the reports of interested parties – the Prosecutor's Office of the Republic of Azerbaijan and the Staff of the Milli Majlis (Parliament), the conclusions of specialists – Supreme Court, Baku Court of Appeal, Supreme Court of the Nakhchivan Autonomous Republic, Ministry of Justice of the Nakhchivan Autonomous Republic, Bar Association, Center for Legal Examination and Legislative Initiatives, opinion of experts –  Head of the Department of Criminal Procedure of the Faculty of Law of Baku State University, Doctor of Law, Professor F.Abbasova and lecturer in the same department, Doctor of Philosophy in Law L.Mamedova, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that taking into account the requirements of Articles 92.4.8 and 100 of the Criminal Procedure Code, as well as legal positions, reflected in the descriptive and reasoning part of this Decision of the Plenum of the Constitutional Court, the provision "A person recognized as incompetent in accordance with the legislation of the Republic of Azerbaijan" specified in Article 100.2.1 of this Code provides for a person recognized as incompetent on the basis of a court decision adopted in the manner prescribed by the civil procedure legislation of the Republic of Azerbaijan and entered into legal force, and such a decision (except in cases where the person is judicially considered competent) serves as the basis for the body conducting the criminal proceedings to appoint a legal representative for the victim, civil plaintiff, suspect, accused, or civil defendant.

Taking into account the requirements of Articles 26, 60, and 68 of the Constitution of the Republic of Azerbaijan, the principles of legal certainty and legality, as well as the legal positions reflected in the descriptive and reasoning part of this Decision of the Plenum of the Constitutional Court:

- Legislative definition of procedural rules for the recognition of the victim, the civil plaintiff, the suspect or accused and the civil defendant, provided for in Article 100.3 of the Criminal Procedure Code, as incapable of criminal procedure and the restoration of their legal capacity;

To recommend to the Milli Majli (Parliament) to define in the criminal procedure legislation appropriate support mechanisms to ensure the effective participation in the criminal process of victims who cannot independently exercise their criminal procedure rights and obligations in connection with health disorders that do not give grounds for declaring them incapacitated.

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.