The Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held its regular session via the procedure of special proceeding.

At session was examined the constitutional case, submitted by Public Prosecutor’s Office of the Republic of Azerbaijan, on interpretation of Articles 92.10.1, 92.10.3 and 244.2 of the Criminal Procedure Code of the Republic of Azerbaijan.

Having heard the report of Judge S.Hasanova, the reports of the subjects interested in special constitutional proceedings, conclusions of expert, examined the materials of the case, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision according to which there are no collisions between Articles 92.10.1, 92.10.3 and 244.2 of the Criminal Procedure Code of the Republic of Azerbaijan.

The right of defense counsel to participate in the search and seizure proceedings, as set out in Article 244.2 of the Criminal Procedure Code of the Republic of Azerbaijan, includes the possibility provided by law to perform criminal procedure functions in order to protect the legitimate interests of the suspect or the accused.

According to Article 61 of the Constitution of the Republic of Azerbaijan and the requirements of Article 92.10.1 of the Criminal Procedure Code of the Republic of Azerbaijan in the conduct of investigations, such as the search and seizure of a suspect or accused person, the defense counsel shall not be entitled to refuse to take part in the proceedings in order to protect the legitimate interests of the defendant, provided for in Article 244 of this code.

The provision of Article 92.10.3 of the Criminal Procedure Code of the Republic of Azerbaijan concerning the willful refusal of protection, together with the complete refusal of the defense counsel, provides for the refusal to participate at certain stages of the defense process, as well as from participation in any investigative actions without a valid reason.

According to Article 92.10.3 of Criminal Procedure Code, in the case of investigative actions for search and seizure, provided for in Article 244 of the Code, carried out without the participation of a suspect or accused person, the defense counsel may not refuse to participate in such proceedings without the consent of the defendant.

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.