The Constitutional Court Plenum held its latest session chaired by Farhad Abdullayev.
The Constitutional Court’s press service told “Operative Information Center-OMM” that the court considered a constitutional case, following an application from Baku’s Narimanov District Court, on the joint interpretation of Articles 66.5 and 81.2 of the Criminal Code in light of Articles 60 and 71 of the Constitution of the Republic of Azerbaijan.
The Plenum reviewed and discussed the report by Judge I. Najafov, the application from Narimanov District Court and the opinion of the Milli Majlis (National Assembly) Office, submitted by the interested parties, as well as expert opinions provided by the Ministry of Justice, the Supreme Court, the Prosecutor General’s Office of the Republic of Azerbaijan, the Baku Court of Appeal, the Sumgait Court of Appeal, the Shirvan Court of Appeal, the Supreme Court of the Nakhchivan Autonomous Republic, the Bar Association and the Center for Legal Expertise and Legislative Initiatives. It also considered the opinion of expert M. Bayramova, an associate professor at the Department of Criminal Law and Criminology of Baku State University’s Faculty of Law, and the case materials before issuing its ruling.
The ruling states that, in accordance with Articles 60 and 71, Parts I and X, of the Constitution of the Republic of Azerbaijan, Articles 66 and 81 of the Criminal Code, and the legal positions set out in the reasoning section of the Constitutional Court Plenum’s ruling, when a final sentence is determined under Article 66.5 of the Criminal Code, the portion of a sentence from which a person has been released as a result of an amnesty must not be included in the aggregation or absorption of sentences.
The ruling takes effect on the date of publication. It is final and may not be annulled, amended or officially interpreted by any body or person.
