The next meeting of the Plenum of the Constitutional Court of the Republic of Azerbaijan was held under the chairmanship of Farhad Abdullayev.

The press service of the Constitutional Court told AZERTAC that on the basis of the appeal of the Sheki Court of Appeals, at the meeting, on the interpretation of paragraph 2 of the "Note" part of Article 72 of the Criminal Code of the Republic of Azerbaijan in connection with Articles 73-1.2 and 73-1.3 of that Code. the constitutional case was considered.

The Plenum of the Constitutional Court heard the report of the judge on the case J. Garajayev, the representatives of the interested subjects were the chairman of the Shaki Appellate Court N. Guliyev, the head of the State-building, administrative and military legislation department of the Milli Majlis Apparatus HMSeyidin, the experts the chairman of the Criminal Board of the Supreme Court H. Nasibov, the judge of the Baku Appellate Court A. Osmanova, the head of the legal protection and human rights affairs department of the Prosecutor General's Office, Z. Shirinov, the expert, the associate professor of the Department of Criminal Law and Criminology of the Faculty of Law of Baku State University, the doctor of philosophy M. Bayramova, made a decision after examining and discussing the opinion and working materials.

The decision states that when the criminal act (acts) provided for in Article 73-1.2 of the Criminal Code is committed with participation, the total damage caused as a result of the crime is determined depending on the nature and degree of the actual participation of each of the participants in the commission of the crime, as well as other circumstances established by law. the person who reconciled with the victim by fully paying his share according to the share, as well as paying twenty-five percent of that share to the state budget, shall be released from criminal liability accordingly.

When the criminal act (acts) provided for in Article 73-1.3 of the Criminal Code is committed with participation, depending on the nature and degree of the actual participation of each of the participants in the commission of the crime, as well as other circumstances established by law, the total damage caused as a result of the crime shall be borne based on the determined share A person who reconciled with the victim by fully paying his share, as well as paid fifty percent of that share to the state budget, can be released from criminal responsibility accordingly.

The decision comes into force from the day of its publication, it is final, it cannot be canceled, changed or officially interpreted by any body or person.


It should be noted that according to Article 73.1 of the Criminal Code, a person who has committed a crime that does not cause a great public danger can be released from criminal liability if he reconciles with the victim and pays for the damage caused to him or removes the damage caused.

A person who has committed another type of crime is released from criminal responsibility only in the cases directly defined in the relevant articles of the Special part of this Code, if the conditions stipulated in Article 73.1 of this Code exist.