Azerbaijani General Prosecutor’s Office asks Constitutional Court to make clear Article 397

Society Materials 10 February 2009 15:12 (UTC +04:00)

Azerbaijan, Baku, Feb. 10 / Trend ,K.Zarbaliyeva /

The Azerbaijani General Prosecutor's Office sent a letter of inquiry to the Constitutional Court to clear up the article on appeals. Article 397 of the Criminal Code defines how appeals and protests are reviewed, the Constitutional Court told Trend on Feb. 10. 

When filing an appeal, the court cannot issue a decision that will complicate the situation of the convicted person. The rules for making an appeal do not stipulate such a requirement. The General Prosecutor's Office asked the court to clarify the possibility to increase the sentence of the convicted person during an appeal.

Another inquiry relates to Article 83 of the Criminal Code.

The Grave Crimes Court requested commentary on when a conviction can be cancelled or withdrawn.

Both inquiries are being considered by the Constitutional Court.

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