Disputes between drivers and passengers on Baku’s route buses are a frequent occurrence, and they sometimes escalate into physical altercations that end up in police stations and courtrooms. One such incident on Bus No. 5, near the “28 May” metro station, has now led to the criminal conviction of a 40-year-old passenger.

According to Bizimyol.info, the Sabail District Court had initially released the passenger from criminal liability after the driver and passenger reconciled. However, the prosecution challenged the decision. Deputy Prosecutor General Heydar Mammadov filed an appeal, and the appellate court overturned the lower court’s ruling.

The prosecution argued that under the law, a person can only once be exempted from criminal liability on the grounds of reconciliation with the victim. Records showed that several years earlier the same individual had faced criminal proceedings for beating his wife. That case was dropped after the victim withdrew her complaint.

The Incident

The dispute began around 6:00 p.m. on the day of the incident. The driver accused the passenger and his wife of not paying their fare. The couple insisted they had used a transport card to pay. After disembarking in Bayil settlement, the passenger escorted his wife home and then went shopping at a nearby “Bravo” supermarket. At the bus terminus in the “20th Sector” area, he encountered the same driver again, and their argument resumed. During the confrontation, the passenger struck the driver in the face. The blow ruptured the driver’s eardrum.

In his testimony, the defendant said the misunderstanding stemmed from the boarding process. He explained that his wife had told the driver he would pay for both of them since she was boarding among a group of women. He claimed he tapped his card twice, saw the green signal, and heard the confirmation sound. Yet minutes later, the driver stopped the bus, loudly accusing his wife of failing to pay. Another passenger even stepped in to cover her fare to calm the situation, which the defendant said humiliated him. Despite making additional payments with his card, the driver allegedly continued shouting.

At the first-instance hearing, the driver submitted a reconciliation statement and confirmed he had received 3,000 manats in compensation from the defendant.

Court Decision

During the appeal, both the defendant and his lawyer opposed the prosecution’s protest, arguing that the earlier case involving his wife had been dismissed not due to a withdrawal of complaint but because there was no evidence of a crime.

The appellate court nonetheless ruled in favor of the prosecution, concluding that the defendant was guilty under Article 128 of the Criminal Code (battery). He was sentenced to six months of corrective labor, with 20 percent of his earnings to be withheld in favor of the state.

The case involved a driver employed on Route No. 5, operated by the “Bakubus” company.