05.11.2024

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 interpretation of Article 325 of the Criminal Code of the Republic of Azerbaijan in terms of Part I of Article 24 and Part II of Article 26 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge S.Salmanova, 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 – Criminal Chamber of the Supreme Court, Criminal Chamber of the Baku Court of Appeal, Criminal Chamber of the Sumgait Court of Appeal and Presidium of the Bar Association, 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 in terms of Part I of Article 24 and Part II of Article 26 of the Constitution of the Republic of Azerbaijan, as well as in accordance with the legal position reflected in the descriptive-substantiating part of this Decision of the Plenum of the Constitutional Court, since the illegal acquisition of state awards also includes their acquisition through embezzlement, the embezzlement of state awards gives rise to criminal liability under Article 325 of the Criminal Code of the Republic of Azerbaijan.

It is recommended to the Milli Majlis (Parliament) to improve the legislation in order to individualize criminal liability for the embezzlement of state awards in accordance with the requirements of Article 8 of the Criminal Code of the Republic of Azerbaijan.

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.