Criminal Code of Azerbaijan: An Overview
The Criminal Code of Azerbaijan is the main legal document that defines what constitutes a crime and how it is punished in the Republic of Azerbaijan. The Criminal Code of Azerbaijan was adopted on December 30, 1999 and has been amended several times since then. The Criminal Code of Azerbaijan is based on the Constitution of Azerbaijan, the conventional principles and norms of international law, and the principles of legality, equality before the law, responsibility for fault, justice, and humanism.
The Criminal Code of Azerbaijan consists of two parts (general part and special part), 12 sections, 35 chapters, and 353 articles. The general part contains the general provisions on criminal law, crime, punishment, release from criminal liability and punishment, criminal liability of minors, and forced measures of medical nature. The special part contains the specific provisions on different types of crimes against various objects of legal protection. In this article, we will provide an overview of the main features and contents of each part.
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General Part of the Criminal Code of Azerbaijan
General Provisions
The general provisions establish the grounds and principles of criminal liability and punishment in Azerbaijan. According to Article 3 of the Criminal Code of Azerbaijan, the basis of criminal liability is making an act (action or failure to act) that contains all elements provided by only this Code. According to Article 4 of the Criminal Code of Azerbaijan, this Code is based on principles of legality (no crime or punishment without law), equality before the law (no discrimination based on any grounds), responsibility for fault (no liability or punishment without guilt), justice (pro portionality and individualization of punishment), and humanism (respect for human dignity and rights).
The general provisions also define the types and limits of punishments and other measures of criminal-legal nature in Azerbaijan. According to Article 51 of the Criminal Code of Azerbaijan, the types of punishments are: fine, public works, restriction of freedom, correctional labor, imprisonment, life imprisonment, and death penalty. The death penalty is applied only for especially grave crimes against peace and humanity, and can be replaced by life imprisonment or imprisonment for a term of 25 years. According to Article 52 of the Criminal Code of Azerbaijan, the types of other measures of criminal-legal nature are: confiscation of property, deprivation of the right to hold certain positions or engage in certain activities, deprivation of a special or military rank, class rank or honorary title, expulsion from the country, and compulsory treatment.
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Crime
The crime is the main object of criminal law and the basis of criminal liability and punishment in Azerbaijan. According to Article 14 of the Criminal Code of Azerbaijan, a crime is an act (action or failure to act) that is socially dangerous, infringes or endangers protected by this Code interests of an individual, society or state, and contains signs provided by only this Code. According to Article 15 of the Criminal Code of Azerbaijan, a crime can be classified as minor, medium-gravity, grave, or especially grave depending on the degree of social danger and the maximum term of punishment provided by this Code.
The crime also has certain elements and circumstances that affect its criminality and liability. According to Article 16 of the Criminal Code of Azerbaijan, the elements of a crime are: object (the protected interest), objective side (the act and its consequences), subjective side (the fault and motive), and subject (the person who committed the crime). According to Article 17-29 of the Criminal Code of Azerbaijan, the circumstances that exclude criminality are: lack of act or its social danger, self-defense, extreme necessity, execution of an order or instruction, consent of a victim, effective regret, etc. According to Article 30-41 of the Criminal Code of Azerbaijan, the circumstances that aggravate criminal liability are: recidivism, commission by a group or an organized group, commission against a minor or a pregnant woman, commission with special cruelty or torture, etc. According to Article 42-51-1 of the Criminal Code of Azerbaijan, the circumstances that mitigate criminal liability are: confession and repentance, assistance in solving or preventing a crime, voluntary compensation or elimination of harm, commission under provocation or threat, etc.
Punishment
The punishment is the main measure of criminal law and the consequence of criminal liability in Azerbaijan. According to Article 53 of the Criminal Code of Azerbaijan, the purposes of punishment are: restoration of justice, reformation of a convict, prevention of new crimes by a convict and other persons. According to Article 54-55-1 of the Criminal Code of Azerbaijan, the principles of punishment are: legality (no punishment without law), guilt (no punishment without fault), individualization (taking into account the circumstances and personality of a convict), equality (no discrimination based on any grounds), and humanism (respect for human dignity and rights).
The punishment also has certain types and terms that determine its nature and duration in Azerbaijan. According to Article 56-64 of the Criminal Code of Azerbaijan, the types of punishment are: fine (a monetary penalty imposed on a convict), public works (a compulsory unpaid work for the benefit of society), restriction of freedom (a deprivation of a convict's right to move freely and communicate with others), correctional labor (a deduction of a part of a convict's salary for the state budget), imprisonment (a deprivation of a convict's liberty in a penitentiary institution), life imprisonment (a deprivation of a convict's liberty for life in a penitentiary institution), and death penalty (a deprivation of a convict's life by execution). According to Article 65-69-1 of the Criminal Code of Azerbaijan, the terms of punishment are: for fine - from 10 to 5000 manats, for public works - from 120 to 480 hours, for restriction of freedom - from 6 months to 5 years, for correctional labor - from 6 months to 2 years, for imprisonment - from 6 months to 15 years, for life imprisonment - for life, and for death penalty - until execution.
The punishment also has certain rules and procedures that regulate its imposition, execution, change, or termination in Azerbaijan. According to Article 70-76-1 of the Criminal Code of Azerbaijan, the imposition of punishment is based on the following factors: the gravity and nature of a crime, the degree and form of fault, the motive and purpose of a crime, the method and means of a crime, the consequences and harm of a crime, the circumstances that aggravate or mitigate criminal liability, the personality and behavior of a convict, etc. According to Article 77-104-1 of the Criminal Code of Azerbaijan, the execution of punishment is carried out by the relevant authorities in accordance with the law and court decision, taking into account the conditions and regime of serving the punishment, the rights and obligations of convicts, the possibilities and measures of correction and social adaptation, etc. According to Article 105-114-1 of the Criminal Code of Azerbaijan, the change or termination of punishment can occur in cases of: amnesty or pardon (an act of clemency by the President or Parliament that exempts or reduces punishment), replacement or addition (a substitution or supplementing of one type or term of punishment by another), commutation or reduction (a mitigation or decrease of the type or term of punishment), parole or early release (a conditional release from serving the remainder of the punishment), expiration or limitation (a termination of the punishment due to the lapse of time or other reasons), death or incapacity (a termination of the punishment due to the death or physical or mental incapacity of a convict), etc.
Release from Criminal Liability and Punishment
The release from criminal liability and punishment is another measure of criminal law that exempts a person from the consequences of a crime in Azerbaijan. According to Article 115-121-1 of the Criminal Code of Azerbaijan, the grounds and conditions for release from criminal liability are: reconciliation with a victim (a settlement of a dispute between a suspect or accused and a victim), active repentance (a voluntary confession, compensation, prevention, or exposure of a crime), expiration of limitation period (a lapse of time after which a person cannot be prosecuted or punished), amnesty or pardon (an act of clemency by the President or Parliament that exempts or reduces liability or punishment), etc. According to Article 122-124-1 of the Criminal Code of Azerbaijan, the grounds and conditions for release from punishment are: expiration of limitation period (a lapse of time after which a person cannot be punished), amnesty or pardon (an act of clemency by the President or Parliament that exempts or reduces punishment), death or incapacity (a termination of the punishment due to the death or physical or mental incapacity of a convict), etc.
The release from criminal liability and punishment also has certain effects and consequences in Azerbaijan. According to Article 125-126-1 of the Criminal Code of Azerbaijan, the effects and consequences of release from criminal liability are: cancellation or removal of arrest, detention, bail, supervision, search, seizure, etc., restoration or protection of rights and interests of a suspect or accused, expungement or sealing of criminal records, etc. According to Article 127-128-1 of the Criminal Code of Azerbaijan, the effects and consequences of release from punishment are: cancellation or removal of imprisonment, restriction of freedom, correctional labor, public works, fine, confiscation, deprivation, expulsion, etc., restoration or protection of rights and interests of a convict, expungement or sealing of criminal records, etc.
Criminal Liability of Minors
The criminal liability and punishment of minors is a special subject of criminal law that deals with the rules and features applicable to persons who have not reached the age of 18 in Azerbaijan. According to Article 129 of the Criminal Code of Azerbaijan, the age of criminal liability is 14 for grave and especially grave crimes, and 16 for other crimes. According to Article 130 of the Criminal Code of Azerbaijan, the age of criminal liability is determined by the date of committing a crime, and the age of a minor is verified by a birth certificate or other official document.
The criminal liability and punishment of minors also has certain rules and features that distinguish it from the general rules and features in Azerbaijan. According to Article 131-132-1 of the Criminal Code of Azerbaijan, the rules and features of criminal liability of minors are: application of only this Code, presumption of innocence, participation of legal representatives, notification of parents or guardians, appointment of a defense lawyer, involvement of a psychologist or pedagogue, use of special interrogation techniques, etc. According to Article 133-140-1 of the Criminal Code of Azerbaijan, the rules and features of punishment of minors are: application of only this Code, prohibition or restriction of certain types or terms of punishment, preference for educational measures over punitive measures, consideration of educational needs and interests of minors, use of special correctional institutions or facilities, etc.
Forced Measures of Medical Nature
The forced measures of medical nature are another measure of criminal law that applies to persons who are not criminally liable or punishable due to their mental disorder in Azerbaijan. According to Article 141-142-1 of the Criminal Code of Azerbaijan, the grounds and conditions for applying forced measures of medical nature are: recognition by a court that a person is not criminally liable or punishable due to his or her mental disorder that excludes sanity at the time of committing a crime or during the trial, and existence of a danger that the person may commit new socially dangerous acts due to his or her mental disorder.
The forced measures of medical nature also have certain types and terms that determine their nature and duration in Azerbaijan. According to Article 143-144-1 of the Criminal Code of Azerbaijan, the types of forced measures of medical nature are: compulsory treatment in a psychiatric hospital (a placement of a person in a medical institution for observation and treatment of his or her mental disorder), compulsory outpatient treatment (a supervision and treatment of a person by a psychiatrist in an outpatient setting), and compulsory educational measures (a placement of a minor in a special educational institution for correction and education). According to Article 145-147-1 of the Criminal Code of Azerbaijan, the terms of forced measures of medical nature are: indefinite for compulsory treatment in a psychiatric hospital, up to 5 years for compulsory outpatient treatment, and up to 3 years for compulsory educational measures.
The forced measures of medical nature also have certain rules and procedures that regulate their imposition, execution, change, or termination in Azerbaijan. According to Article 148-149-1 of the Criminal Code of Azerbaijan, the imposition of forced measures of medical nature is based on the following factors: the gravity and nature of a crime, the degree and form of fault, the motive and purpose of a crime, the method and means of a crime, the consequences and harm of a crime, the circumstances that aggravate or mitigate criminal liability, the personality and behavior of a person, the type and degree of his or her mental disorder, etc. According to Article 150-153-1 of the Criminal Code of Azerbaijan, the execution of forced measures of medical nature is carried out by the relevant authorities in accordance with the law and court decision, taking into account the conditions and regime of applying the measure, the rights and obligations of a person, the possibilities and measures of recovery and social adaptation, etc. According to Article 154-156-1 of the Criminal Code of Azerbaijan, the change or termination of forced measures of medical nature can occur in cases of: improvement or deterioration of the mental state or condition of a person, expiration or limitation of the term of applying the measure, death or incapacity of a person, etc.
Special Part of the Criminal Code of Azerbaijan
Crimes Against the Person
The crimes against the person are those that infringe or endanger the life, health, freedom, dignity, honor, sexual inviolability, and family of an individual in Azerbaijan. According to Article 157-182-1 of the Criminal Code of Azerbaijan, the crimes against life are: murder (intentional unlawful killing of another person), manslaughter (unintentional unlawful killing of another person), infanticide (killing of a newborn child by a mother), causing death by negligence (causing death of another person by careless or reckless behavior), incitement to suicide (inducing or assisting another person to commit suicide), euthanasia (killing of a terminally ill person by his or her consent), etc. According to Article 183-197-1 of the Criminal Code of Azerbaijan, the crimes against health are: intentional infliction of grave, medium-gravity, or minor bodily injury (causing physical harm or damage to another person's health), torture (inflicting physical or mental pain or suffering on another person), illegal abortion (performing an abortion without medical indication or consent), illegal organ or tissue transplantation (removing or transplanting human organs or tissues without consent or authorization), etc. According to Article 198-212-1 of the Criminal Code of Azerbaijan, the crimes against freedom are: kidnapping (abducting or detaining another person by force or fraud), hostage-taking (seizing or holding another person as a security for the fulfillment of certain demands), trafficking in persons (recruiting, transporting, transferring, harboring, or receiving persons for the purpose of exploitation), slavery or servitude (subjecting another person to conditions or treatment similar to slavery or servitude), illegal deprivation of liberty (depriving another person of his or her freedom without legal grounds), unlawful arrest or detention (arresting or detaining another person without legal grounds or procedure), etc. According to Article 213-221-1 of the Criminal Code of Azerbaijan, the crimes against dignity and honor are: defamation (disseminating false information that damages another person's reputation), insult (offending another person's dignity or honor by words, actions, or images), blackmail (threatening to disclose information that damages another person's reputation, rights, or interests), violation of privacy (intruding into another person's private life without his or her consent), etc. According to Article 222-230-1 of the Criminal Code of Azerbaijan, the crimes against sexual inviolability are: rape (forcing another person to have sexual intercourse by violence, threat, or other means), sexual assault (forcing another person to perform other sexual acts by violence, threat, or other means), sexual abuse (performing sexual acts with a person who is unable to resist due to his or her age, mental state, physical condition, dependence, or other circumstances), sexual harassment (making unwanted sexual advances, requests, or comments to another person), etc. According to Article 231-240-1 of the Criminal Code of Azerbaijan, the crimes against family are: bigamy or polygamy (entering into a marriage with another person while being already married), forced marriage (forcing or coercing another person to enter into a marriage against his or her will), violation of marriage age (entering into a marriage with a person who is under the legal age of marriage), avoidance of alimony payment (failing or refusing to pay alimony for a child, spouse, or parent), abandonment of a child or a helpless person (leaving a child or a person who is unable to take care of himself or herself without proper care or assistance), etc.
Crimes Against Property
The crimes against property are those that infringe or endanger the property rights, economic activity, intellectual property, and consumer rights of an individual, legal entity, or state in Azerbaijan. According to Article 241-258-1 of the Criminal Code of Azerbaijan, the crimes against property rights are: theft (unlawfully taking another person's property without his or her consent), robbery (unlawfully taking another person's property by violence, threat, or other means), extortion (unlawfully obtaining another person's property by threat or blackmail), fraud (unlawfully obtaining another person's property by deception or abuse of trust), misappropriation or embezzlement (unlawfully using or disposing of another person's property entrusted to oneself), damage or destruction of property (intentionally or negligently causing physical harm or loss to another person's property), etc. According to Article 259-271-1 of the Criminal Code of Azerbaijan, the crimes against economic activity are: smuggling (unlawfully moving goods, currency, securities, or other items across the customs border), tax evasion (unlawfully avoiding or reducing the payment of taxes or fees), money laundering (concealing or disguising the origin, source, location, disposition, movement, or ownership of money or property obtained from criminal activity), illegal entrepreneurship (engaging in business activity without registration, license, permit, or other authorization), unfair competition (violating the rules or norms of market behavior that harm the interests of competitors or consumers), etc. According to Article 272-276-1 of the Criminal Code of Azerbaijan, the crimes against intellectual property are: infringement of author's rights (violating the moral or economic rights of an author or a holder of a work protected by copyright), infringement of patent rights (violating the exclusive rights of an inventor or a holder of a patent protected by law), infringement of trademark rights (violating the exclusive rights of an owner or a holder of a trademark protected by law), infringement of industrial design rights (violating the exclusive rights of an author or a holder of an industrial design protected by law), etc. According to Article 277-279-1 of the Criminal Code of Azerbaijan, the crimes against consumer rights are: production or sale of substandard or counterfeit goods (making or selling goods that do not meet the quality or safety standards or that are falsely marked or labeled), production or sale of expired or spoiled goods (making or selling goods that have passed their expiration date or that are unfit for consumption), production or sale of goods that endanger human life or health (making or selling goods that contain harmful or hazardous substances or that cause physical or mental harm to consumers), etc.
Crimes Against Public Safety and Order
The crimes against public safety and order are those that infringe or endanger the public safety, public order, public health, environment, traffic safety, fire safety, information security, and emergency situations in Azerbaijan. According to Article 280-292-1 of the Criminal Code of Azerbaijan, the crimes against public safety are: terrorism (committing acts of violence or intimidation that aim to create fear or influence public authorities), hijacking (seizing or taking control of an aircraft, ship, train, or other vehicle by force or threat), sabotage (damaging or destroying facilities, equipment, materials, or documents that are vital for the national defense, security, economy, or public services), unlawful handling of weapons, explosives, or radioactive materials (making, acquiring, storing, transporting, using, or disposing of weapons, explosives, or radioactive materials without authorization or in violation of the rules), etc. According to Article 293-300-1 of the Criminal Code of Azerbaijan, the crimes against public order are: hooliganism (violating public order by grossly disrespecting society or expressing clear contempt for authorities), disorderly conduct (disturbing public peace by shouting, swearing, fighting, or other actions), vandalism (damaging or defacing public property, monuments, signs, symbols, etc.), resistance to a representative of authority (using violence, threat, insult, or other means to prevent a representative of authority from performing his or her official duties), abuse of authority (exceeding or reckless behavior), violation of fire safety rules (failing to comply with the fire prevention and protection measures), false alarm of fire (deliberately reporting a non-existent fire or causing a false fire signal), etc. According to Article 329-334-1 of the Criminal Code of Azerbaijan, the crimes against information security are: illegal access to computer information (obtaining, modifying, deleting, or blocking computer information without authorization or in violation of the rules), creation or use of harmful software (making, distributing, or using software that can damage, destroy, or disrupt computer systems or networks), computer sabotage (intentionally impairing or interrupting the functioning of computer systems or networks), computer fraud (unlawfully obtaining computer information, money, or property by deception or abuse of trust), etc. According to Article 335-339-1 of the Criminal Code of Azerbaijan, the crimes against emergency situations are: violation of safety rules in emergency situations (failing to follow the instructions or regulations for preventing or responding to natural disasters, accidents, epidemics, or other emergencies), failure to report an emergency situation (failing to inform the competent authorities or the public about the occurrence or threat of an emergency situation), hindering the elimination of an emergency situation (obstructing or interfering with the rescue or relief operations in an emergency situation), abuse of power in an emergency situation (misusing or exceeding one's official position or powers in an emergency situation), etc.
Conclusion
In conclusion, the Criminal Code of Azerbaijan is the main legal document that defines what constitutes a crime and how it is punished in the Republic of Azerbaijan. The Criminal Code of Azerbaijan consists of two parts: general part and special part. The general part contains the general provisions on criminal law, crime, punishment, release from criminal liability and punishment, criminal liability of minors, and forced measures of medical nature. The special part contains the specific provisions on different types of crimes against various objects of legal protection. The Criminal Code of Azerbaijan is based on the Constitution of Azerbaijan, the conventional principles and norms of international law, and the principles of legality, equality before the law, responsibility for fault, justice, and humanism.
The Criminal Code of Azerbaijan is a complex and comprehensive document that covers a wide range of issues and aspects related to criminal law and justice. The Criminal Code of Azerbaijan is also a dynamic and evolving document that reflects the changes and developments in the society and the state. Therefore, it is important for anyone who is interested in or affected by criminal law and justice in Azerbaijan to be familiar with and understand the main features and contents of the Criminal Code of Azerbaijan. This article has provided an overview of the main features and contents of each part of the Criminal Code of Azerbaijan. However, this article is not intended to be a substitute for professional legal advice or assistance. If you have any questions or concerns about criminal law and justice in Azerbaijan, you should consult a qualified lawyer or a legal expert.
FAQs
Here are some frequently asked questions about criminal law and justice in Azerbaijan:
Q: What is the difference between criminal law and civil law in Azerbaijan?
A: Criminal law is the branch of law that deals with crimes and punishments. Civil law is the branch of law that deals with disputes and claims between individuals, legal entities, or state. Criminal law is enforced by the state through the courts and the law enforcement agencies. Civil law is enforced by the parties through the courts and the alternative dispute resolution mechanisms.
Q: What are the sources of criminal law in Azerbaijan?
A: The sources of criminal law in Azerbaijan are: the Constitution of Azerbaijan, the Criminal Code of Azerbaijan, the Code of Criminal Procedure of Azerbaijan, the Penal Enforcement Code of Azerbaijan, the international treaties and agreements to which Azerbaijan is a party, and the judicial practice and interpretation of the courts.
Q: What are the stages of criminal procedure in Azerbaijan?
A: The stages of criminal procedure in Azerbaijan are: initiation of criminal proceedings (the start of a criminal case based on a complaint, report, or discovery of a crime), pre-trial investigation (the collection and examination of evidence and information by the investigator or prosecutor), prosecution (the formal accusation of a suspect or accused by the prosecutor), trial (the examination and adjudication of a criminal case by the court), appeal (the review and revision of a court decision by a higher court), cassation (the final review and revision of a court decision by the Supreme Court), and execution (the implementation and enforcement of a court decision by the relevant authorities).
Q: What are the rights and obligations of a suspect or accused in Azerbaijan?
A: The rights and obligations of a suspect or accused in Azerbaijan are: to be informed of the grounds and reasons for his or her detention, arrest, or accusation, to have access to a lawyer and legal assistance, to remain silent or to give testimony, to participate in the criminal proceedings and to present evidence and arguments, to challenge the investigator, prosecutor, judge, or expert, to appeal or cassate a court decision, to respect the law and comply with the orders and instructions of the authorities, to cooperate with the investigation and prosecution, to refrain from obstructing or influencing the criminal proceedings, etc.
Q: What are the types and terms of imprisonment in Azerbaijan?
A: The types and terms of imprisonment in Azerbaijan are: general regime (for minor and medium-gravity crimes, from 6 months to 5 years), strict regime (for grave crimes, from 5 to 12 years), special regime (for especially grave crimes, from 12 to 15 years), life imprisonment (for especially grave crimes that do not qualify for death penalty, for life), and death penalty (for especially grave crimes against peace and humanity, until execution).
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