Azerbaijan Constitutional Court legal rulings

The Constitutional Court of Azerbaijan, led by Farhad Abdullayev, has issued several rulings to clarify and uphold specific provisions of the Criminal Code.

In an initial ruling, the Court addressed Article 133.1, defining “regularity” in battery offenses as actions performed with a single intent, occurring at least three times within a specific timeframe and causing intense physical pain. The Court also interpreted Article 288.2 to clarify that the term “defender” encompasses lawyers providing legal assistance to both criminal suspects and individuals in administrative offense proceedings.

Subsequently, the Court reviewed the constitutionality of Article 79.1 following a request from the Ombudsman. It ruled that prohibiting the suspension of sentences for individuals convicted of serious or especially serious crimes against the person—specifically those sentenced to more than five years of imprisonment—is consistent with the Constitution. The Court determined this measure balances public safety and the protection of children's interests with the constitutional value of protecting individual rights.