19.04.2022
Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by
Farhad Abdullayev, held a session.
At the court session was examined the constitutional
case based on the inquiry submitted by the Prosecutor’s
Office of the Republic of Azerbaijan on related interpretation of Articles 16
and 75 of the Criminal Code of the Republic of Azerbaijan.
Having heard the report of Judge C.Qaracayev, studied and discussed reports of representatives of interested parties – Chief of the Department of Legal Support and Human Rights of the Prosecutor General's Office A. Osmanova and Head of Department of State Building, Administrative and Military Legislation of Milli Majlis (Parliament) H.M.Seyid, conclusions of specialists – Chairman of the Criminal Board of Supreme Court H. Nasibov and Judges of the Court of Appeal of Baku city Z.Shirinov and I.Ibrahimli, opinion of expert – associate professor of Criminal Law and Criminology Board of Baku State University M.Bayramov the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.
The decision states that in accordance with the
requirements of Articles 16 and 75 of the Criminal Code of the Republic of Azerbaijan, the
term of prosecution for each crime is calculated independently, and in the case
of recidivism of the same or similar crimes, the second act may not cause
recidivism.
The expiration of the one-year period provided for in
Article 38.1 of the Code of Administrative Offenses of the Republic of
Azerbaijan for a primary act committed before repeated theft shall preclude
criminal liability under Article 177.2.2 of the Criminal Code 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.
