M.Aliyev asks Prosecutor General to present resolution on termination of criminal case

Baku / 07.11.17 / Turan: Director of the Turan news agency MehmanAliyev sent a statement to Prosecutor General ZakirGaralov asking him to ensure his right to receive a copy of the resolution on the termination of criminal proceedings and acquaintance with the materials of the criminal case.The appeal was sent after the Ministries of Taxes and Prosecutor's Office refused to the legal right to acquaintance with the decision on the termination of the criminal case and the materials of the investigation.

"Once again I declare that I have not committed any crime and the case must be terminated on the basis of the absence of corpus delicti.However, until now the decision and materials of the criminal case have not been presented to me and my lawyer, which creates difficulties for my defense and subsequent lawsuits (complaints, etc.).

In the investigation department of the Department of Investigation of Tax Crime reported that a criminal case cannot be granted, since it is in the prosecutor's office.

In this regard, I ask you to provide a copy of the decision to terminate the criminal proceedings and ensure my right to familiarize myself with the case materials,"the appeal says.

On November 2, director of the Turan news agency MehmanAliyev was invited to the Prosecutor General's Office to the first deputy prosecutor general RustamUsubov, who handed in an official letter on the termination of the criminal case against him and Turan agency. However, the prosecutor's office did not submit a resolution on the termination of the case, dated October 30.

On November 6, a letter was sent to M.Aliyev signed by Deputy General Director of the Department for Preliminary Investigation of Tax Crimes under the Ministry of Taxes GurbanMehraliyev, which says that the criminal case against the Turan agency was terminated due to the "change in the situation".

In this letter, dated November 2, it is reported that the criminal proceedings against the LLC "Turan News Agency", investigated under the Article 192.2.2 (illegal business with the extraction of large income), 213.1 (tax evasion) and 308.1 (abuse of official powers) was terminated on the basis of Article 40.2.3 (termination of criminal prosecution due to changing circumstances) of the Code of Criminal Procedure of Azerbaijan.

However, the letter does not disclose which particular situation has changed.

At the same time, it is said that a complaint may be lodged with the prosecutor, exercising procedural supervision or judicial supervision.

The essence of Article 40.2.3 (changing the situation) is disclosed in Article 74 of the Criminal Code of Azerbaijan (Exemption from criminal liability in connection with the change in the situation):

"A person who has committed a crime for the first time that does not pose a major public danger or a less serious crime may be released from criminal liability if it is established that, due to a change in the situation, the act committed or the person who committed the act ceased to be socially dangerous."

"Recognition of such a formulation means the confirmation of my commission of a crime. I did not commit a crime, so I cannot agree with such a statement of the termination of the criminal case,"MehmanAliyev said.

It should also be noted that, despite the termination of the criminal case, the decision of the Local Revenue Department of August 7, 2017 on accrual of additional taxes to the agency of 37,000 manats, which served as the initiation of criminal proceedings, was not revoked.

* In May the Local Revenue Department appointed the agency Turan sanctions for 2016 to 5 thousand manats. However, after the administrative complaint of Turan, the higher instance of the Ministry of Taxes canceled this decision on June 30.

Nevertheless, on August 7 the same department counted for 999 manats for 2016, and for 2014 - 2016, the unpaid taxes. - 37 thousand manats. After that, a criminal case was initiated against the agency.

On August 25, director of the agency MehmanAliyev was arrested. However, on September 11, he was released under a written undertaking not to leave the city of Baku.Since September 1, the agency has officially suspended economic and financial activities and cannot resume it until all charges have been withdrawn.-06B-