MILLIE'S RESOLUTION OF MAJLIS OF THE AZERBAIJAN REPUBLIC

of May 12, 1998 No. 495-IQR

About amnesty in connection with the 80 anniversary of the Azerbaijan Democratic Republic

Considering that creation of the Azerbaijan Democratic Republic representing our independence and sovereignty, constructed on centuries-old traditions of our people, which laid the foundation of construction of the first in the east of the democratic state, established attributes and institutes of the national statehood which showed fidelity to ideals of freedom, justice and democracy became in the history of independence and statehood of our people significant event, being guided by the principles of humanity, believing that punishment has only educational value that the condemned persons will follow way of correction, will observe legality, wishing their fastest familiarizing with society, in connection with the 80 anniversary of the Azerbaijan Democratic Republic of Millie decides Majlis of the Azerbaijan Republic:

Section first. The group of people to which amnesty is applied

I. Exempt from custodial sanction irrespective of the appointed term of punishment of the following persons:

1. Persons who were involved in fighting on protection of sovereignty and territorial integrity of the Azerbaijan Republic and also close relatives of the dead or missing persons (parents, spouses, children, including adoptive parents and adopted by them, brothers and sisters hereinafter mean);

2. Persons which became disabled people in tragic events on January 20, 1990, or close relatives of the died persons;

3. Persons which became disabled people during genocide in Khojali, or close relatives of the died persons;

4. Persons who were taking part in liquidation of the Chernobyl accident;

5. Persons awarded with awards and medals of the Azerbaijan Republic (except for persons deprived of awards and medals in the procedure provided by the law);

6. Zhenshchin;

7. Men to whom on the date of entry into force of this resolution, and also during the term of its execution 60 years were performed;

8. Persons which did not reach 18 years on the date of entry into force of this resolution;

9. Persons, on the date of entry into force of this resolution recognized as disabled people of I and II groups;

10. Men, in dependence which care there is minor child, including persons, paternity, adoption, guardianship which guardianship is established in the procedure provided by the law, on the date of entry into force of this resolution.

II. Exempt from the imposed penalty of the following persons:

1. Persons who are conditionally condemned or concerning which execution of sentences is delayed based on articles 41 and 42-1 of the Criminal code of the Azerbaijan Republic;

2. Persons condemned conditionally with obligatory labor involvement based on article 23-1 of the Criminal code of the Azerbaijan Republic;

3. Persons exempted from punishment conditional ahead of schedule and which punishment is replaced by softer or exempted from places of detention conditionally with obligatory labor involvement based on articles 50 and 50-2 of the Criminal code of the Azerbaijan Republic;

4. Persons condemned to the punishment which is not connected with imprisonment.

III. Exempt from punishment, except persons listed in I and II parts of this resolution, persons sentenced to term of deprivation of freedom up to 5 years for the crimes committed on imprudence; to persons condemned to imprisonment for the term of over five years for the crimes committed on imprudence to cut unexpired part of term of punishment by half.

IV. Exempt from punishment, except persons listed in 1 and 11 parts of this resolution, persons condemned to imprisonment for a period of up to three years for the crimes committed intentionally.

V. To persons condemned for making of intentional crime for the term of over three years, except for serious crimes, the stipulated in Article 7-1 Criminal code of the Azerbaijan Republic to cut unexpired part of term of punishment by half.

VI. Stop production criminal cases on which the investigation is carried on, or not considered by courts, on crimes of persons specified in the I part of this resolution.

VII. Operation of this resolution extends to the persons condemned by courts of other states and serving sentence in the Azerbaijan Republic.

Section second. The cases excluding application of amnesty

VIII. Not apply the I-IV part of this resolution to the following persons:

1. Persons, persons accused or convicts for the high treasons provided by the Criminal code of the Azerbaijan Republic, Article 57-59, 61-64, parts 2 and 3 of Article 67, part 2 articles 68, of article 70-72, part of 1 Article 78, of Article 79, of 80, of 82, 82-1; for crimes against state-owned property and public property, and also against private property part 4 Articles 83, part 4 Articles 143, parts 2, 3 and 4 Articles 84, parts 2, 3 and 4 Articles 144, Article 86-1, 146, 88, 145, 88-1, parts 2 and 3 of Article 91, part 2 of Article 149; for crimes against the identity of Article 94-96, 102, 109, part 2 Articles 113, Article 114-1, 120-1, 126; for economic crimes (part 2 Articles 158); for crimes of official part 2 Articles 168, Article 170, part 2 of Article 170-1 and part 2 of Article 171; for crimes against justice of Article 174, 175, part 2 Articles 177, part 2 of Article 178; for crimes against public safety and public order part 3 Articles 207, Article 212-2, 212-3, part 3 Articles 213, part 2 of article 219-1, of article 219-2, 219-3, part 2 of Article 219-4, part 2 of article 219-5, of article 220, 220-1, 226, part 2 of article 226-1, of article 226-2, 226-3, 226-4, part 2 Articles 227, part 2 of Article 227-1, part of 1 Article 229, Articles 230, 231;

2. Persons condemned under Articles 60, 65 and 191-1 Criminal codes before adoption of law of the Azerbaijan Republic of May 29, 1996 No. 901 of the State Duma "About entering of some changes into the Criminal code of the Azerbaijan Republic";

3. Persons, persons accused or convicts for property offenses based on the Law of the Azerbaijan Republic of April 7, 1998 No. 463-1 of the State Duma "About modification and amendments in the Criminal code of the Azerbaijan Republic and other codes for the purpose of enhancement of the legislation" parts 3 and 4 of Article 93-3, of part 2, 3 and 4 articles 93-4, of article 93-5, 93-6, part 4 of Article 93-7, part 4 of Article 93-8, part 3 of Article 93-9, part 2 of Article 93-10;

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