Azerbaijani Constitutional Court comments on hooliganism committed by using weapon

The Constitutional Court of Azerbaijan has taken a decision on the Goranboy Region Court’s appeal.

The Goranboy Region Court asked the Azerbaijani Constitutional Court (CC) to comment on Article 221.3 (hooliganism committed with use of a weapon or subjects, used as a weapon) of the Criminal Code, Constitutional Court said.

According to the Constitutional Court’s decision, corpus delicti arises if weapon is used according to its intended purpose when committing hooliganism. Simply demonstration of weapon does not create a corpus delicti.

During the consideration of criminal cases under Article 221.3 of the Criminal Code differences arose in the courts regarding the use of weapons.

Thus, some believed that use of weapons should be comprehended as use of weapons for intended purpose, while the others believed that the demonstration of weapons when committing hooliganism also creates the offense.


/Trend/