Azerbaijan, Baku, May 18 / Trend K. Zarbaliyeva /
On inquiry of the Prosecution General, the Azerbaijani Constitutional Court made a decision regarding commenting of an article of criminal-procedural code envisaging appellation complaint and appellation protest.
Article 397 of criminal-procedural code defines borders of appellation complaint and appellation protest consideration.
The court can not make a decision toughening state of a prisoner by getting appeal or protest. This regulation is not envisaged in an appeal or protest. In its inquiry the Prosecution General asked to explain whether it is possible to demand on toughening the punishment of a prisoner given appellation protest.
It is indicated in decision of the court commenting article 397 of criminal-procedural code that if a prisoner gives appellation complaint, the Appellation Court can not make a decision toughening the verdict, the Constitutional Court told Trend on May 18.
If the Prosecution General gives appellation protest on toughening of a prisoner's punishment, the punishment can be toughened by unanimous decision of judges considering the case.
"If one of judges has his special opinion, punishment of a prisoner can not be toughened by appellation protest," the Constitutional Court said.
While commenting the indicated article they applied with inquiry to the courts of France and Germany and used their experience, the Constitutional Court said.
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