Investigation activity

According to Article 155 of the Criminal Code of the Republic of Azerbaijan, a preventive measure of arrest may be chosen upon the petition of the investigator and the presentation of the prosecutor conducting the procedural management of the preliminary investigation, as well as on the initiative of the court considering the criminal case and only by the court's decision in the following cases:

- hiding from the body conducting the criminal proceedings;

- exerting illegal influence on persons participating in the criminal proceedings,

- obstructing the normal course of the preliminary investigation or court hearing by concealing or falsifying materials of importance for criminal prosecution;

- re-committing an act provided for by criminal law or creating a danger to society.

According to the decision of the Plenum of the Constitutional Court of the Republic of Azerbaijan on the interpretation of Article 306.1 of the Criminal Code of the Republic of Azerbaijan dated 02.10.2012, non-execution of judicial acts constitutes a crime under Article 306 of the Criminal Code only if it is prejudicial. Non-execution is prejudicial if, after a written warning to the guilty person, he does not fulfill the requirement of the judicial act or continues to take actions aimed at making the execution of judicial acts impossible.

Non-execution of judicial acts with prejudice can be determined based on the following:

- failure to fulfill the requirements stipulated in the court decision within the period specified in that decision;

- repeated official warning to the debtor about the non-execution of the court decision;

- bringing the debtor to administrative responsibility for non-execution of the court decision;

- failure of the debtor to take sufficient measures to execute the court decision;

- the debtor having actual opportunities to execute the court decision.

Those actions may result in administrative liability under Article 528.1 of the Code of Administrative Offenses of the Republic of Azerbaijan for failure to fulfill the legal requirements of the enforcement officer regarding the execution of a court resolution on the payment of alimony, and in cases where the person does not re-execute the enforcement document with prejudice, he may be held criminally liable under Article 306 of the Criminal Code of the Republic of Azerbaijan (Failure to execute a court verdict, decision, or other act).

According to the decision of the Plenum of the Constitutional Court of the Republic of Azerbaijan dated 02.10.2012 on the interpretation of Article 306.1 of the Criminal Code of the Republic of Azerbaijan, failure to execute judicial acts constitutes a crime under Article 306 of the Criminal Code only if it is done with prejudice.