01.08.2024

Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held a regular session.

At the court session was examined the constitutional case based on the inquiry of the Shirvan Court of Appeal on interpretation of Articles 442, 443, 444, 445, 447 and 449 of the Criminal Procedure Code of the Republic of Azerbaijan in terms of Part I of Article 60 and Article 71 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge C.Qaracayev, studied and discussed the report of interested parties – Shirvan Court of Appeal and Staff of the Milli Majlis (Parliament), the conclusions of specialists – Supreme Court of the Republic of Azerbaijan, the Bar Association of the Republic of Azerbaijan, the Center for Legal Expertise and Legislative Initiatives, opinion of experts – Head of the Department of Criminal Procedure of the Law Faculty of Baku State University, professor, doctor of legal sciences F.Abbasova and doctor of legal sciences R.Garagurbanli, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that in terms of Part I and Article 71 of Article 60 of the Constitution of the Republic of Azerbaijan judicial control is not limited to the pre-trial stage of criminal proceedings, examination of criminal cases on the merits does not exclude the filing of a complaint to the court about the procedural actions or decisions of the body that implements the criminal process under Articles 442-454 of the Criminal Procedure Code of the Republic of Azerbaijan.

Since proceedings under judicial control and criminal proceedings are different and independent types of proceedings, filing a complaint against the procedural actions or decisions of the body implementing the criminal proceedings in the manner of judicial control cannot be considered as interference in the relevant criminal proceedings.

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.