12.10.2022

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 interpretation of Article 125 of the Criminal Code.

Having heard the report of Judge H.Afandiyeva, studied and discussed reports of representatives of interested parties – Head of the Department of Legal Support and Human Rights of the Prosecutor General's Office A. Osmanova and Head of the State Building, Administrative and Military Legislation Department of the Milli Majlis (Parliament) H.M.Seyid, conclusions of specialists – Chairman of the Criminal Board of the Supreme Court H.Nasibov and Member of the Bar Association of the Republic of Azerbaijan F.Gasanov, the Supreme Court, the Ministry of Justice, the Office of the Judicial and Legal Council and the Academy of Justice, and opinion of expert – Head of the Department of Criminal Law and Criminology, Faculty of Law, Baku State University, Doctor of Law, Professor Sh.Samedova the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that according to the meaning of Article 125 of the Criminal Code of the Republic of Azerbaijan, bringing a person who was in material, official or other dependence on the perpetrator to suicide or to attempted suicide by threats, ill-treatment or systematic humiliation of his/her dignity is committed in the form of direct or indirect intent.

Since the "other dependence" and "ill-treatment" reflected in the provisions of Article 125 of the Criminal Code of the Republic of Azerbaijan, are signs requiring evaluation, all factual circumstances of the case must be taken into account when deciding the person's guilt, comprehensive, complete and objective investigation of the action or omission of the accused, a form of dependence of the victim on the accused and the existence of a causal relationship between the actions of the accused and suicide or attempted suicide should be established.

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.