06.06.2022

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 32, 33 and 34 of the Criminal Code of the Republic of Azerbaijan.

Having heard the report of Judge M.Muradov, 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 the Military Legislation sector of Department of State Building, Administrative and Military Legislation of the Milli Majlis (Parliament) E.Asgarov, conclusions of specialists – Chairman of the Criminal Board of the Supreme Court H.Nasibov, member of the Bar F.Fasanov and 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 according to the meaning of Articles 33.3 and 34.2 of the Criminal Code of the Republic of Azerbaijan, if the participants in the crime (organizer, instigator or accomplice) do not directly participate in the implementation of the actions constituting the objective aspect of the criminal act, or if their act does not contain the elements of the objective aspect of the crime, an act cannot be regarded as a crime committed by a group of persons by previous concert.

In terms of the requirements of Articles 33.3 and 34.2 of the Criminal Code of the Republic of Azerbaijan if the participant in the crime together with the executor does not participate in actions that are part of the objective nature of the crime, ie the crime was not committed by two or more accomplices, his/her actions must be classified in accordance with the relevant article of the Special Part of the Code with reference to Article 32 of that Code.

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.