11.04.2022

Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held a session via the written procedure of special constitutional proceedings.

At the court session was examined the constitutional case based on the request submitted by the Court of Appeal of Ganja city on interpretation of the Note part of Article 263 of the Criminal Code of the Republic of Azerbaijan and some provisions of Article 38 of the Code of Administrative Offenses of the Republic of Azerbaijan.

Having heard the report of Judge R.Ismaylov, studied and discussed reports of representatives of interested parties – Chairman of the Criminal Board of Court of Appeal of Ganja city T.Mukhtarov and Head of the Administrative Legislation Sector of the Department of State Building, Administrative and Military Legislation of Milli Majlis (Parliament) H.S.Seyid, conclusions of specialists – judge of Criminal Board of the Supreme Court Sh.Yusifov, Head of the Department of Legal Support and Human Rights of the Prosecutor General's Office A. Osmanova and judge of the Court of Appeal of Baku city H.Mammadov, opinion of experts – lecturer of the Department of Constitutional Law of Baku State University, Doctor of Philosophy in Law G.Jabi and Associate Professor of Criminal Law and Criminology Board of Baku State University M.Bayramova the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that according to the part “Note” of Article 263 of the Criminal Code of the Republic of Azerbaijan the bringing to administrative responsibility under Article 327.8 of the Code of Administrative Offences of a person who has committed a criminal offense, after his/her release from criminal liability, does not violate the principle according to which, in accordance with Article 64 of the Constitution of the Republic of Azerbaijan, punishment for the same offense cannot be imposed twice (non bis in idem), since it is not within the scope of this principle.

Bringing a person to administrative responsibility in accordance with Article 327.8 of the Code of Administrative Offences of the Republic of Azerbaijan, having caused minor and less serious bodily harm, after his/her release from criminal liability under Article 263 of the Criminal Code of the Republic of Azerbaijan on the basis of reconciliation with the victim and full compensation for the damage caused to him/her, should be considered as a violation of the general legal principle of justice expressed in Article 9.1 of this Code.

In accordance with the principle of proportionality, enshrined in Part II of Article 71 of the Constitution of the Republic of Azerbaijan, in cases provided for by Article 38.3 of the Code of Administrative Offences of the Republic of Azerbaijan, the term for bringing to administrative responsibility is determined taking into account the provisions of Articles 38.1 and 38.2 and no later than one year from the date of the commission (disclosure) of administrative offence.

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.