Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of May 15, 2001 No. 132-IIG

About issue of persons who committed crimes (extraditions)

(as amended on 29-04-2016)

First Section. General provisions

Article 1. Legislation on extradition

1.1. Issue of the foreigner living or staying in the territory of the Azerbaijan Republic or the stateless person for the actions made by it outside the Azerbaijan Republic for attraction by foreign state to criminal liability or execution of the penalty imposed by court is regulated by the Constitution of the Azerbaijan Republic, this Law, the penal and criminal procedure legislation of the Azerbaijan Republic, other legal acts of the Azerbaijan Republic and international treaties supported by the Azerbaijan Republic.

1.2. In case of absence between the Azerbaijan Republic and the requesting foreign state of the corresponding extradition treaty of the foreigner living or staying in the territory of the Azerbaijan Republic or the person without citizenship who committed crime (further - persons), or on the questions which are not settled by the relevant agreement in the part which is not contradicting this agreement provisions of this Law with respect for the principle of mutual assistance are applied.

1.3. Provisions of this Law do not extend to delivery of person to the international judicial authorities.

Article 2. Extradition conditions

2.1. Person whose issue is requested by foreign state can be issued only if the action made by it is considered crime according to the legislation of the Azerbaijan Republic and the requesting state and if for making of this action custodial sanction for one year at least or more stiff punishment is prescribed.

2.2. Person sentenced court of foreign state for the committed crime to custodial sanction or more stiff punishment can be issued for execution of the punishment. In this case the term of unexpired custodial sanction cannot be less than six months.

2.3. Person whose issue is requested for making of several crimes can be issued only for crime or crimes which type and terms of punishment are responsible for making to the conditions established in connection with type and term of punishment in Articles

2.1-2.2 this Law. In these cases provisions of article 4 of this Law extend to this person.

Second Section. The restrictions connected with extradition

Article 3. Bases for refusal of extradition

3.1. In issue of person refuses in the following cases:

3.1.1. If required person during the solution of question of its issue is citizen of the Azerbaijan Republic;

3.1.2. By provision in the procedure established by the legislation to person whose issue is requested, political asylum in the territory of the Azerbaijan Republic;

3.1.3. If the action which is the basis for issue commited by person which issue is requested, acknowledged Azerbaijan Republic by crime of political nature;

3.1.4. In case of crime execution, being the basis for issue, in the territory of the Azerbaijan Republic;

3.1.5. Or decision about the termination of criminal prosecution in the territory of the Azerbaijan Republic the sentence which took legal effect for the crime which is the basis for issue of person;

3.1.6. In case of the expiration according to the penal legislation of the Azerbaijan Republic or the requesting foreign state of terms of criminal prosecution or execution of conviction;

3.1.7. If the crime which is the basis for issue of person is provided in the legislation of the requesting foreign state as crime against military service and does not contain structure of other crime which is not connected with military service;

3.1.8. In case of non-compliance by the foreign state which sent inquiry in connection with issue of persons who committed crime, the principle of mutual assistance;

3.1.9. In case of criminal prosecution according to the procedure of private prosecution (based on the claim of the victim) according to the Code of penal procedure of the Azerbaijan Republic.

3.2. In issue of person it can be refused the following cases:

3.2.1. If for the crime which is the basis for issue of person, the legislation of the requesting foreign state capital punishment is provided;

3.2.2. In the presence of good causes for the assumption that as a result of issue required person will be subjected in the requesting state to tortures or the cruel, inhuman address or punishment, either the address or punishment degrading advantage.

3.2.3. In the presence of good causes for the assumption that as a result of issue required person will be subjected to prosecution of communication with race, nationality, language, religion, nationality, political views or floor or that its rights to fair trial will be roughly violated.

3.2.4. If the crime which is the basis for issue of person is made outside the territory of the requesting foreign state and for this crime according to the legislation of the Azerbaijan Republic of criminal prosecution it is not provided.

3.2.5. In case of involvement of this person to criminal liability in the territory of the Azerbaijan Republic in connection with the crime which is the basis for issue of person.

3.2.6. In the presence of good causes for the assumption that issue of person will cause damage to sovereignty, safety or other important interests of the Azerbaijan Republic.

3.2.7. if on the crime which is the basis for issue of person, the legislation of the requesting foreign state punishment in the form of lifelong imprisonment without change is prescribed. Note:

1. In case of application of article 3.1.3 of this Law the following actions are not considered as crime of political nature:

a) the crimes against humanity provided by the General Assembly of the United Nations in the convention "About Prevention of the Crime Connected with Genocide and Its Punishment" of December 9, 1948;

b) crimes, stipulated in Article 50 Geneva conventions of 1949 "About improvement of fate of wounded and patients in field armies", article 51 of the Geneva convention of 1949 "About improvement of fate of wounded, patients and persons, castaway, from structure of Armed forces at the sea", article 130 of the Geneva convention of 1949 "About the treatment of prisoners of war", article 147 of the Geneva convention of 1949 "About protection of the civilian population during war";

c) the heavy or especially serious crimes committed against life, health, safety or human freedom, either attempt of making of such crime, or participation in making or attempt of making of such crime;

d) actions concerning which the international treaties supported by the Azerbaijan Republic, provide criminal prosecution.

2. In cases, the stipulated in Article 3.2.1 this Law person can be issued only when the requesting state provides guarantee that in case of removal concerning this death penalty it will not be carried out.

3. In case of refusal of issue of person in the cases provided by articles 3.1.1 and 3.2.1 of this Law according to the petition of the requesting state this person can be brought to trial based on the legislation of the Azerbaijan Republic.

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