The Plenum of the Constitutional Court of
the Republic of Azerbaijan, chaired by Farhad Abdullayev, held
its regular session via the procedure of special proceeding.
At session was examined the constitutional case on
interpretation of Articles 1, 5, 18, 61 and 65 of the Criminal Code of
the Republic of Azerbaijan from the point of view of Article
148 of the Constitution of the Republic of Azerbaijan and
Minsk Convention “On Legal Assistance and Legal Relations in Civil, Family and
Criminal Cases”.
Having heard the report of
Judge M.Muradov, the reports of the legal representatives of the subjects
interested in special constitutional proceedings, conclusions of expert,
examined the materials of the case the Plenum of Constitutional Court of
the Republic of Azerbaijan adopted decision.
The decision states that in
accordance with the part II of Article 148 of the Constitution of the Republic
of Azerbaijan, provisions of Article 1.2 of Criminal Code of the Republic of
Azerbaijan and Article 521 of Criminal Procedure Code of the Republic of
Azerbaijan, the courts of the Republic of Azerbaijan, when imposing a sentence,
shall consider issues of criminal record, which arose on the basis of sentences
of courts of foreign States only under international treaties to which the
Republic of Azerbaijan is a party to.
Taking into consideration the importance at the
current stage of the activities of States in the field of combating crime and
inter-State cooperation in criminal matters, to recommend to the Milli Majlis
of the Republic of Azerbaijan to improve in the Criminal and Criminal Procedure
Codes of the Republic of Azerbaijan the procedure for recognizing and registration
the sentences of foreign courts under international treaties to which the
Republic of Azerbaijan is a party to.
The decision come
into force from the date of its publication, is final, and may not be
cancelled, changed or officially interpreted by any institution or official.
