02.10.2024

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 request of the Prosecutor's Office of the Republic of Azerbaijan on related interpretation of the first paragraph of the "Note" part of Article 234 of the Criminal Code in connection with Article 1 of the Law of the Republic of Azerbaijan "On circulation of narcotic drugs, psychotropic substances and their precursors"

Having heard the report of Judge I.Najafov, studied and discussed the report of interested parties – Prosecutor's Office of the Republic of Azerbaijan and Staff of the Milli Majlis (Parliament), the conclusions of specialists – Supreme Court of the Republic of Azerbaijan, Ministry of Internal Affairs of the Republic of Azerbaijan, Ministry of Justice of the Republic of Azerbaijan, Center for Legal Expertise and Legislative Initiatives, opinion of expert – Head of the Department of Criminal Law and Criminology of the Faculty of Law of Baku State University, doctor of legal sciences, professor Sh.Samadova, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that Article 35.1 of the Constitutional Law of the Republic of Azerbaijan "On Normative Legal Acts," as well as the legal designation of paragraph 1 of part "Note" of Article 234 of the Criminal Code of the Republic of Azerbaijan and the circumstances determined in this norm from the point of view of interconnection with other articles, are grounds for exemption from criminal liability only in relation to criminal actions under Article 234 of the Criminal Code of the Republic of Azerbaijan.

If an act of a person, along with Article 237 of the Criminal Code of the Republic of Azerbaijan, creates a corpus delicti under Article 234 of this Code, he/she is exempted from criminal liability on the grounds specified in paragraph 1 of part "Note" of this article in relation to the last criminal act.

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.