The Constitutional Court clarified the issue of recidivism of crime
A regular session of the Plenum of the Constitutional Court of the Republic of Azerbaijan was held under the chairmanship of Farhad Abdullayev, APA reports referring to the Constitutional Court.
Thus, at the meeting, a constitutional case was considered on the appeal of the Ganja Court of Appeal on the interpretation of articles 18.4.4 and 83.3.2 of the Criminal Code of the Republic of Azerbaijan in terms of articles 8, 9, 61.1.1 and 65.2 of this Code. The Constitutional Court considered several cases, after which it issued a decision. The ruling states that Article 18.4.4 of the Criminal Code of the Republic of Azerbaijan provides only for a conviction as a result of punishments not related to deprivation of liberty.
According to the content of articles 18.4 and 83.4-1 of the Criminal Code of the Republic of Azerbaijan, when a person convicted of a combination of crimes or sentences to deprivation of liberty, as well as to another punishment, again commits an intentional crime during the period when the conviction has not been canceled or expunged, his act creates recidivism of the crime.
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