of December 30, 1999
1.1. The penal statute of the Azerbaijan Republic consists of of this Code.
1.2. This Code is based on the Constitution of the Azerbaijan Republic and the conventional principles and rules of international law.
1.3. The laws establishing criminal liability and prescribing punishment of person who committed crime are subject to application only after inclusion in this Code.
2.1. Tasks of the Criminal code of the Azerbaijan Republic are: providing the world and safety of mankind, protection of rights and freedoms of man and citizen, property, economic activity, public order and public safety, the environment, the constitutional system of the Azerbaijan Republic from criminal encroachments, and also the prevention of crimes.
2.2. For implementation of these tasks the Criminal code of the Azerbaijan Republic establishes the basis and the principles of criminal liability, determines what dangerous to the personality, societies or the states of act are recognized crimes and sets types, limit and amount of punishments and other measures of criminal and legal nature for making of these crimes.
The basis of criminal liability is the act making (actions or failure to act) containing all signs of the actus reus provided only by this Code.
This Code is based on the principles of legality, equality before the law, responsibility for fault, justice and humanity.
5.1. Crime of act (action or failure to act), and also punishment for this act and other measures of criminal and legal nature are determined only by this Code.
5.2. Application of the penal statute by analogy is not allowed.
6.1. Persons who committed crimes are equal before the law and nationalities, the relations to religion, language, floor, origin, property and official capacity, beliefs, belonging to political parties, labor unions and other public associations, and also other circumstances are subject to criminal liability irrespective of race.
6.2. Nobody can be brought to trial either is punished, or exempted from punishment or criminal liability on the bases, stipulated in Article 6.1 of this Code.
7.1. Person is subject to criminal liability and punishment only for those socially dangerous acts (actions or failure to act) and their effects concerning which his guilt is ascertained.
7.2. Person is not subject to criminal liability for innocent damnification.
8.1. The punishment and other measures of criminal and legal nature applied to person who committed crime shall be fair, that is correspond to nature and degree of public danger of crime, circumstances of its making and the identity of the guilty person.
8.2. Nobody can bear criminal liability twice for the same crime.
9.1. The criminal code ensures safety of the person.
9.2. The punishments and other measures of the criminal-right nature applied to person who committed crime cannot have nature, or the purpose of torture or another cruel, brutal or degrading treatment.
10.1. Crime and punishability of act (action or failure to act) are determined by the penal statute existing during making of this act. Nobody is subject to criminal liability for act which was not recognized crime at the time of its making.
10.2. Time of crime execution time of making of socially dangerous act (action or failure to act) irrespective of time of approach of effects is recognized.
10.3. The penal statute eliminating crime of act (action or failure to act) and its punishability, commuting penalty or otherwise improving provision of person who committed crime has retroactive force, that is extends to persons who made the corresponding act (action or failure to act) to the introduction of such law in force and also to the persons serving sentence or who served sentence, but the criminal record of which is not removed or not extinguished.
10.4. The penal statute establishing crime of act (action or failure to act), strengthening punishment or otherwise worsening situation of person who committed crime, has no retroactive force.
11.1. Person who committed crime in the territory of the Azerbaijan Republic is subject to criminal liability under this Code. The crime which began, proceeded, or terminated in the territory of the Azerbaijan Republic is recognized committed in the territory of the Azerbaijan Republic.
11.2. The crime committed in territorial waters of the Azerbaijan Republic, the sector of the Caspian Sea (lake) belonging to the Azerbaijan Republic, airspace over the Azerbaijan Republic and its economic zone is recognized committed in the territory of the Azerbaijan Republic.
11.3. Person who committed crime on water or the aircraft attributed to air or to seaport of the Azerbaijan Republic, which is in open water or airspace outside the Azerbaijan Republic under National flag or identification mark of the Azerbaijan Republic is subject to criminal liability under this Code.
11.4. Person who committed crime on the vessel belonging to the military fleet or the Air Force of the Azerbaijan Republic is subject to criminal liability under this Code, irrespective of the location of this vessel.
11.5. The question of criminal liability of diplomatic representatives of foreign states and other citizens who use immunity in case of making by these persons of crime in the territory of the Azerbaijan Republic is allowed according to rules of international law.
12.1. Citizens of the Azerbaijan Republic and persons without citizenship who are constantly living in the Azerbaijan Republic made act (action or failure to act) outside the Azerbaijan Republic are subject to criminal liability under this Code if this act is recognized as crime in the Azerbaijan Republic and in the state in the territory of which it was made and if these persons were not condemned in foreign state.
12.1-1. If the citizens of the Azerbaijan Republic and persons without citizenship who are constantly living in the Azerbaijan Republic were not condemned in foreign state for the corruption crime committed by them outside the Azerbaijan Republic and other crime against interests of service, then they are brought to trial based on of this Code.
12.2. The foreign citizens and persons without citizenship who committed crime outside the Azerbaijan Republic can be brought to trial under this Code in cases if the crime is directed against citizens of the Azerbaijan Republic, interests of the Azerbaijan Republic, and also in the cases provided by the international treaty of the Azerbaijan Republic if they were not condemned in foreign state.
12.2-1. If foreigners and persons without citizenship committed corruption crime and other crime against interests of service outside the Azerbaijan Republic with the assistance of the citizens of the Azerbaijan Republic who are officials of the international organizations, members of the international parliamentary assemblies, officials and judges of international courts and were not condemned for this crime in foreign state, they are brought to trial based on of this Code.
12.3. The citizens of the Azerbaijan Republic, foreign citizens and persons without citizenship who committed crimes against the world and humanity war crimes, human trafficking, terrorism, terrorism financing, stealing of the aircraft, taking of hostages, torture, sea piracy, illicit trafficking in drugs and psychotropic substances, production or sale of counterfeit money or securities, attack on persons or the organizations using international protection, the crimes connected with radioactive materials and also other crimes which punishability follows from international agreements of the Azerbaijan Republic are subject to criminal liability and punishment under this Code, irrespective of the place of making of crimes.
12.4. The military personnel of the military units of the Azerbaijan Republic which are part of peacekeeping connections bears criminal liability under this Code for the crimes committed outside the Azerbaijan Republic if other is not provided by the international treaty of the Azerbaijan Republic.
12.5. In case of condemnation by courts of the Azerbaijan Republic of persons specified in Articles 12.1 of this Code, punishment cannot exceed upper limit of the sanction provided by the law of foreign state in the territory of which the crime was committed.
13.1. The citizens of the Azerbaijan Republic who committed crime in the territory of foreign state are not subject to issue to this state. The issue of attraction of these persons to criminal liability is resolved according to article 12 of this Code.
13.2. The foreigners or persons without citizenship who committed crime outside the Azerbaijan Republic staying in the Azerbaijan Republic can be issued to foreign state for criminal prosecution or execution of the punishment determined by it according to the Law of the Azerbaijan Republic "About issue of persons who committed crime (extraditions)", other legal acts of the Azerbaijan Republic and international treaties which participant is the Azerbaijan Republic.
13.3. If persons who committed crime outside the Azerbaijan Republic are not issued to foreign state and this act (action or failure to act) is recognized crime according to this Code, they are subject to criminal liability in the Azerbaijan Republic.
13.4. If international agreements which participant is the Azerbaijan Republic establish other provisions concerning persons who committed crime international agreements are subject to application.
14.1. Crime is recognized committed socially dangerous act (action or failure to act) prohibited by this Code under the threat of punishment is guilty.
14.2. Act (action or failure to act) though it is formal and containing signs of any act provided by the penal statute, but owing to insignificance of damnification of the personality not constituting public danger, that is not caused and not created threat, to society or the state is not crime.
15.1. Depending on nature and degree of public danger of act (action or failure to act), provided by this Code, are subdivided into the crimes which are not constituting big public danger, less serious crimes, serious crimes and especially serious crimes.
15.2. The crimes which are not constituting big public danger intentional and careless acts for which making this Code prescribes the punishment which is not connected with imprisonment are recognized, or maximum punishment does not exceed two years of imprisonment.
15.3. Less serious crimes intentional and careless acts for which making the maximum punishment prescribed by this Code does not exceed seven years of imprisonment are recognized.
15.4. Serious crimes intentional and careless acts for which making the maximum punishment prescribed by this Code does not exceed twelve years of imprisonment are recognized.
15.5. Especially serious crimes intentional acts for which making this Code prescribes custodial sanction for the term of over twelve years or more stiff punishment are recognized.
16.1. Not momentariness of crimes making of two or more crimes provided by one Article of this Code is recognized.
16.2. Making of two or more crimes provided by different Articles of this Code can be recognized numerous only the cases provided by the relevant articles of the Special part of this Code.
16.3. The crime is not recognized committed repeatedly if person who was condemned, exempted for earlier committed crime from criminal liability or the criminal record of which for earlier committed crime was extinguished or removed, repeatedly committed the crime provided by the same Article of this Code or different Articles in the cases which are directly specified in the Special part of the specified Code.
17.1. The cumulative offenses forms making of two or more crimes provided by different Articles of this Code of which person was not condemned for one or of is not exempted from criminal liability on legal causes and also if on one of these crimes prescriptive limits of criminal prosecution did not expire.
17.2. Making by one action (failure to act) of two or more crimes provided by two or more Articles of this Code forms ideal cumulative offenses.
17.3. In case of cumulative offenses person bears criminal liability for each committed crime under the relevant article of this Code.
17.4. If the crime is provided by general and special regulations of the Special part, the cumulative offenses are absent and criminal liability comes on special regulation.
18.1. Recurrence of crimes making of intentional crime by person having criminal record for earlier committed intentional crime is recognized.
18.2. The recurrence of crimes is recognized dangerous:
18.2.1. in case of committing by person of intentional crime for which it is condemned to imprisonment if earlier this person two times were condemned to imprisonment for intentional crime;
18.2.2. in case of committing by person of intentional serious crime if earlier it was condemned for intentional serious crime.
18.3. The recurrence of crimes is recognized especially dangerous:
18.3.1. in case of committing by person of intentional crime for which it is condemned to imprisonment if earlier this person at least three times, irrespective of the sequence, were condemned to imprisonment for intentional making of less heavy or heavy crimes;
18.3.2. in case of committing by person of intentional serious crime if earlier it was condemned to imprisonment two times for making of serious crime or once for making of intentional especially serious crime;
18.3.3. in case of committing by person of intentional especially serious crime if earlier it was condemned to imprisonment for making of heavy or especially serious crime.
18.4. In case of determination of recurrence the following is not considered:
18.4.1. the crimes which are not constituting big public danger;
18.4.2. the crimes committed by minors;
18.4.3. the criminal record removed or extinguished according to the procedure, stipulated in Article 83 of this Code;
18.4.4. criminal record for crimes on which the penalty which is not connected with imprisonment is imposed.
18.5. The recurrence of crimes attracts more stiff punishment on the basis and in the limits provided by this Code.
The responsible physical person which reached the age established by this Code and the committed crime is subject to criminal liability.
20.1. Person which reached by the time of crime execution of sixteen-year age is subject to criminal liability.
20.2. Persons which reached by the time of crime execution of fourteen-year age are subject to criminal liability for premeditated murder, intentional causing heavy or less severe harm to health, kidnapping, rape, violent acts of sexual nature, theft, robbery, robbery, racketing, illegal occupancy by the car or other vehicle without the plunder purpose, intentional destruction or damage of property in case of aggravating circumstances, terrorism, taking of the hostage, hooliganism in case of aggravating circumstances, plunder or racketing of firearms, ammunition, explosives and destructive devices, plunder or racketing of drugs or psychotropic substances, reduction in worthlessness of vehicles or means of communication.
20.3. The measures taken concerning persons which did not reach when making socially dangerous act (action or failure to act) of the age limit provided by Articles 20.1 and 20.2 of this Code and procedure for data application of measures are established by the relevant Law.
21.1. Person who during making of socially dangerous act (action or failure to act) was in diminished responsibility condition is not subject to criminal liability, that is could not realize the actual nature and public danger of the acts (actions or failure to act) or to direct them owing to chronic mental disease, temporary violation of mental activities, intellectual backwardness or other mental disease.
21.2. To person who made socially dangerous act (action or failure to act) in diminished responsibility condition, the enforcement powers of medical nature provided by this Code can be appointed by court.
21.3. To person who committed crime in sanity condition, but before removal of sentence by court to the patient with the sincere disease depriving of it opportunity to realize the actual nature and public danger of the acts (actions or failure to act) or to direct them, the enforcement powers of medical nature provided by this Code can be appointed by court.
22.1. The responsible person who during crime execution owing to mental disturbance could not realize fully the actual nature and public danger of the acts (actions or failure to act) or to direct them, is subject to criminal liability.
22.2. The mental disturbance which is not excluding sanity is considered by court in case of assignment of punishment and can form the basis for purpose of the enforcement powers of medical nature provided by this Code.
Person who committed crime in state of intoxication irrespective of the intoxication reasons (alcohol intake, drugs or other strong substances), is subject to criminal liability.
24.1. Person who made act (action or failure to act) is found of crime guilty it is intentional or on imprudence.
24.2. The act made on imprudence is recognized crime only in case it is specially provided by the relevant article of the Special part of this Code.
25.1. The crime committed intentionally act (action or failure to act) made with direct or indirect intent is recognized.
25.2. The crime is recognized committed with direct intention if person realized public danger of the acts (actions or failure to act), expected possibility of approach of socially dangerous effects and wished their approach.
25.3. The crime is recognized committed with indirect intent if person realized public danger of the acts (actions or failure to act), expected possibility of approach of socially dangerous effects, did not wish, but consciously allowed these effects.
26.1. The crime committed on imprudence act (action or failure to act) made on criminal presumption or criminal negligence is recognized.
26.2. The crime is recognized committed on criminal presumption if person expected possibility of approach of socially dangerous effects of the acts (actions or failure to act), but without the bases, sufficient to that, expected prevention of these effects.
26.3. The crime is recognized committed on criminal negligence if person did not expect possibility of approach of socially dangerous effects of the acts (actions or failure to act) though it in case of necessary attentiveness and foresight shall and could expect these effects.
27.1. The crime is recognized completed if the act commited by person (action or failure to act) contains all signs of the actus reus provided by this Code.
27.2. Unfinished crime preparation for crime and attempted crime are recognized.
27.3. Criminal liability for unfinished crime comes under Article of this Code providing responsibility for completed crime with reference to Articles 28 and 29 of this Code.
28.1. Preparation for crime is finding, acquisition or production by the person of means or tools of crime execution, finding of assisting offenders, collusion on crime execution or other intentional creation of conditions for crime execution are recognized if at the same time the crime was not finished on the circumstances which are not depending on this person.
28.2. Criminal liability comes for preparation only for heavy and especially heavy crimes.
Attempted crime intentional acts (actions or failure to act) of person which are directly directed to crime execution are recognized if at the same time the crime was not finished on the circumstances which are not depending on this person.
30.1. Voluntary refusal of crime is ceasing preparations for crime by person or the ceasing of acts (actions or failure to act) by the person which are directly directed to crime execution if the person realized possibility of finishing crime up to the end.
30.2. Person is not subject to criminal liability for crime if it voluntarily and finally refused finishing this crime up to the end.
30.3. Person who voluntarily refused finishing crime up to the end is subject to criminal liability only if the act made by it contains other actus reus.
30.4. The organizer of crime and the instigator to crime are not subject to criminal liability if these persons the timely message to authorities or other taken measures prevented finishing crime by the contractor up to the end. The helper of crime is not subject to criminal liability if he refused the help which is previously promised the contractor prior to the acts which are directly directed to crime execution or prevented effects of already given help.
30.5. If actions of the organizer or the instigator, stipulated in Article 30.4 of this Code, did not lead to prevention of crime execution by perpetrator, then the measures taken by them can be acknowledged as court attenuating circumstances in case of assignment of punishment.
Partnership in crime intentional joint participation of two or more persons in making of intentional crime is recognized.
32.1. Assisting offenders along with the contractor the organizer, the instigator and the helper are recognized.
32.2. The contractor the person who directly committed crime or directly participating in its making together with other persons (soispolnitelstvo) and also person who committed crime by means of use of other persons which are not subject to criminal liability in accordance with the circumstances, provided by this Code is recognized.
32.3. The organizer the person who organized crime execution or directing its execution is recognized, and the person who created organized group or criminal society (the criminal organization) or directing them is equal.
32.4. The instigator person which inclined other person to crime execution by arrangement, bribery, threat or in a different way is recognized.
32.5. The helper person promoting crime execution by councils, instructions, provision of information, means or tools of crime execution or removal of obstacles, and also person who was in advance promising to hide the criminal, means or tools of crime execution, traces of crime or money or other property got in the criminal way is recognized, and person which was in advance promising to acquire such money or other property, to own, use or dispose of them is equal.
33.1. Responsibility of assisting offenders is determined by nature and extent of the actual participation of each of them in crime execution.
33.2. Collaborators are responsible under the relevant article of the Special part of this Code for the crime committed by them jointly without reference to Article 32 of this Code.
33.3. Criminal liability of the organizer, instigator and helper comes under the relevant article of the Special part with reference to Article 32 of this Code, except as specified, when they at the same time were collaborators of crime.
33.4. The person which is not the subject of the crime which is specially specified in the relevant article of the Special part of this Code, participating in crime execution provided by this Article bears criminal liability for this crime as his organizer, the instigator or the helper.
33.5. In case of not finishing by the principal offender up to the end on the circumstances which are not depending on it, other accomplices bear criminal liability for preparation for crime or attempted crime. Also person who on the circumstances which are not depending on it did not manage to incline other persons to crime execution bears criminal liability for preparation for crime.
34.1. The crime is recognized made by group of persons if two or more contractors without previous concert jointly participated in its making.
34.2. The crime is recognized made by group of persons by previous concert if two or more persons who in advance agreed about joint crime execution jointly participated in its making.
34.3. The crime is recognized made by organized group if it is made by the steady group consisting of two or more persons which in advance united for making of one or several crimes.
34.4. Criminal society (the criminal organization) creation of steady organized criminal group for the purpose of making of heavy or especially serious crimes or the steady merging of two or more organized criminal groups created in the same purposes is recognized.
34.5. The crime committed by the participant (participants) of criminal society (the criminal organization) for implementation of the purposes of this community (organization), and also which is commited by person (persons), not being participant (participants) of criminal society (the criminal organization) by request of this community (organization) is recognized committed criminal society (the criminal organization).
34.6. The person who created organized group or criminal society or directing them is subject to criminal liability for their organization and management of them in the cases provided by the relevant articles of the Special part of this Code, and also for all made by organized group or criminal society of crime if they were covered by its intention. Other participants of organized group or criminal society bear criminal liability for participation in these crimes in the cases provided by the relevant articles of the Special part of this Code and also for crimes, in preparation or making of which they participated.
34.7. Creation of organized group in the cases which are not provided by Articles of the Special part of this Code attracts criminal liability for preparation for those crimes for which making it is created.
34.8. Making of acts by the group of persons, group of persons by previous concert organized by group or criminal society (the criminal organization) attracts more stiff punishment on the basis and in the limits provided by this Code.
35.1. Excess of the contractor making by the principal offender, the going beyond approved general intention, that is, not covered intention of other accomplices is recognized.
35.2. For excess of the contractor other assisting offenders of criminal liability are not subject.
36.1. Damnification to the encroaching person in condition of justifiable defense is not crime, that is in case of protection of life, the health and the rights defending or other persons, interests of the state or society from socially dangerous encroachment if at the same time exceeding of limits of justifiable defense was not allowed.
36.2. All persons irrespective of their professional or other special training and official position have the right to justifiable defense equally. This right extends to persons irrespective of opportunity to ask for the help state bodies or other persons, and also opportunity to avoid socially dangerous encroachment.
36.3. Exceeding of limits of justifiable defense the intentional actions which obviously are not corresponding to nature and degree of public danger of encroachment are recognized.
37.1. Damnification to person who committed crime is not crime during his detention for delivery to authorities or suppression of possibility of making of new crimes by it if use with this purpose of all different ways of impact did not yield necessary results and at the same time exceeding necessary for this purpose was not allowed died.
37.2. Exceeding of the measures necessary for detention of person who committed crime explicit discrepancy of means and methods of detention of degree of public danger of act and the made his face, and also to circumstances of detention when obviously superfluous injury is needlessly done to person is recognized. Such exceeding involves criminal liability only in cases of intentional damnification.
38.1. Damnification to the objects protected by this Code in emergency condition, that is for elimination of danger, directly life-threatening is not crime, to health and the rights of this person or other persons, to interests of society or state if this danger could not be eliminated in this case with other means and at the same time were not allowed excesses of limits of emergency.
38.2. Exceeding of limits of emergency damnification, obviously not corresponding to nature and degree of the threatening danger and circumstances under which danger was eliminated when harm equal or more considerable was done to the specified interests, than prevented is recognized. Such exceeding involves criminal liability only in cases of intentional damnification.
39.1. Damnification to the objects protected by this Code is not crime in case of reasonable risk for achievement of the socially useful purpose.
39.2. The risk is recognized reasonable if the specified objectives could not be achieved by the actions (failure to act) which are not connected with risk and person which allowed risk took necessary measures for prevention of harm to the objects protected by this Code.
39.3. The risk is not recognized reasonable if it was obviously integrated to threat for life of people, to threat of environmental or other disaster.
40.1. Damnification to the objects protected by this Code by person acting in pursuance of the orders or the order, obligatory for it, given in accordance with the established procedure is not crime. Criminal liability for causing such harm is born by person who made the illegal order or the order.
40.2. Person who committed intentional crime in pursuance of obviously illegal order or the order bears criminal liability in accordance with general practice.
40.3. Non-execution of obviously illegal order or order excludes criminal liability.
41.1. Punishment is the measure of criminal and legal nature appointed according to the court verdict. Punishment is applied to person found guilty of crime execution and consists in creation of the deprivations set by this Code or restrictions of the rights and freedoms of this person.
41.2. Punishment is applied for the purpose of recovery of social justice, correction of the convict and the prevention of making of new crimes by convicts and other persons.
42.0. Types of punishments are:
42.0.1. penalty;
42.0.2. deprivation of the right to manage the vehicle;
42.0.3. deprivation of the right to hold certain positions or to be engaged in certain activities;
42.0.4. social jobs;
42.0.5. deprivation of special, military or honorary title and state awards;
42.0.6. corrective works;
42.0.7. restriction on military service;
42.0.8. No. 314-IVQD is excluded according to the Law of the Azerbaijan Republic of 07.03.2012
42.0.9. exclusion out of limits of the Azerbaijan Republic;
42.0.9-1. restriction of freedom;
42.0.10. No. 137-IVQD is excluded according to the Law of the Azerbaijan Republic of 31.05.2011
42.0.11. content in disciplinary military unit;
42.0.12. imprisonment for certain term;
42.0.13. lifelong imprisonment.
43.1. Social jobs, corrective works, restriction on military service, content in disciplinary military unit, restriction of freedom, imprisonment for certain term and lifelong imprisonment are applied only as main types of punishments.
43.2. The penalty and deprivation of the right to hold certain positions or to be engaged in certain activities are applied in quality as the main, and additional types of punishments.
43.3. Deprivation of special or military rank, honorary title or state award, deprivation of the right to manage the vehicle and exclusion out of limits of the Azerbaijan Republic are applied only as additional types of punishments.
44.1. The penalty is the cash collection appointed by court in the cases and the size provided by this Code.
44.2. The penalty at the rate to twenty thousand manats or from single to the tenfold size, and also at the rate to hundred percent of cost of subject of crime caused as a result of damage crime (the gained income) taking into account weight of the committed crime and property condition of the convict is established.
44.3. The penalty as auxiliary view of punishment can be appointed by courts only in the cases provided by the relevant articles of the Special part of this Code.
44.4. To persons intentionally evading from payment of penalty it is replaced with social jobs, corrective works, restriction of freedom or imprisonment with certain term.
45.1. Deprivation of the right to manage the vehicle is appointed for a period of one year up to five years in the cases provided by the relevant articles of this Code taking into account nature of crime, the identity of the guilty person and other circumstances of crime.
45.2. If penalty in the form of deprivation of the right of vehicle control is imposed in addition to punishments in the form of content in disciplinary military unit or imprisonments, then additional punishment extends to all term of serving of primary punishment and, in addition, for the term established for this type of punishment in sentence. In case of purpose of this type of punishment in addition to other main types of punishment, and also during conditional condemnation, the term of additional punishment is estimated from the moment of the introduction of sentence in legal force.
46.1. Deprivation of the right to hold certain positions or to be engaged in certain activities consists in prohibition to hold specific positions in state bodies, in local government bodies or to be engaged in specific professional or other activity. This type of punishment is established for a period of one year up to five years as main type of punishment and for a period of one year up to three years as auxiliary view of punishment.
46.2. Deprivation of the right to hold certain positions or to be engaged in certain activities can be imposed as auxiliary view of penalty and in cases when it is not provided by the relevant article of the Special part of this Code if taking into account nature and degree of public danger of the committed crime and the identity of the guilty person the court recognizes impossible preserving the right behind it to hold certain positions or to be engaged in certain activities.
46.3. If punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities is appointed in addition to punishments in the form of content in disciplinary military unit or imprisonments, then additional punishment extends to all term of serving of primary punishment and, in addition, for the term established for this type of punishment in sentence. In case of purpose of this type of punishment to penalty and in addition to other main types of punishment, and also during conditional condemnation, the term of additional punishment is estimated from the moment of the introduction of sentence in legal force.
47.1. Social jobs consist in accomplishment by the convict in time of free socially useful works, free from the main work or study.
47.2. Social jobs are established for a period of two hundred forty till four hundred eighty o'clock and not over four hours a day are left.
47.2-1. The obligation is assigned to persons sentenced by court to punishment in the form of social jobs to carry electronic control facility in places of accomplishment of social jobs and to service this means for maintenance it in working order.
47.3. In case of malicious evasion by person condemned on this punishment from accomplishment of these works the court can replace unexpired part with restriction of freedom or social jobs, custodial sanction for certain term. At the same time the term of accomplishment by the convict of social jobs is considered and estimated at the rate of one day of restriction of freedom in each four hours of outstanding social jobs or one day of imprisonment in eight hours of social jobs.
47.4. Social jobs are not appointed:
47.4.1. to persons, with disability of the first or second group, to children with limited opportunities of health to 18 years;
47.4.2. to expectant mothers;
47.4.3. to women, and also the men who solely are bringing up the child up to three years having dependent on children under three years;
47.4.4. to the women and men who reached retirement age;
47.4.5. serviceman.
48.0. If the court in case of condemnation of person for making of heavy or especially serious crime, taking into account nature and degree of public danger of crime, the identity of the guilty person and other facts of the case, recognizes necessary to deprive of it special or military rank, honorary title and the state award, it takes out one of the following decisions:
48.0.1. the decision on the direction of submission to relevant organ of the executive authority on consideration of question of deprivation of the highest special or highest military rank issued by this body, honorary title or the state award;
48.0.2. the decision on deprivation of special or military rank, or award, issued by other state body.
49.1. Corrective works are established for a period of two months up to two years and left on place of employment of the convict.
49.2. From earnings of the convict to corrective works deduction in the income of the state in the amount of five to twenty percent are made.
49.3. In case of malicious evasion from serving sentence by person condemned to corrective works, the court can replace unexpired part with restriction of freedom or corrective works, custodial sanction for certain term. At the same time the term of accomplishment by the convict of corrective works is considered and estimated at the rate of one day of restriction of freedom for each two days of not left corrective works or one day of imprisonment in four days of corrective works.
49.4. Corrective works are not applied to persons with disability of the first degree and the military personnel.
50.1. Restriction on military service is appointed by the condemned serviceman, for a period of two months up to two years in the cases provided by the relevant articles of the Special part of this Code for making of crimes against military service, and also to the condemned military personnel, instead of the corrective works provided by the relevant articles of the Special part of this Code.
50.2. From monthly cash allowance of the convict to restriction on military service deduction in the income of the state in the amount of five to twenty percent are made.
50.3. In term of imprisonment in the form of restriction on military service the convict cannot be promoted also military rank, and the term of punishment is not set off lengths of service for assignment of the next military rank in time.
50.4. Restriction on military service is not applied to military personnel of urgent active duty and cadets of the educational institutions of special purpose training the military personnel.
It is excluded according to the Law of the Azerbaijan Republic of 07.03.2012 No. 314-IVQD
52.1. Penalty in the form of exclusion out of limits of the Azerbaijan Republic is imposed to the foreigners and persons without citizenship sentenced to custodial sanction for the term of over one year and carried out after serving of primary punishment by them. To the foreigners or persons without citizenship sentenced to imprisonment for the term of less than one year or to the punishment which is not connected with imprisonment, penalty in the form of exclusion out of limits of the Azerbaijan Republic can be imposed taking into account the circumstances specified in Article 58.3 of this Code.
52.1-1. The right to entry into the Azerbaijan Republic of person to whom punishment in the form of exclusion out of limits of the Azerbaijan Republic is applied is limited before repayment or removal of its criminal record.
52.2. Exclusion out of limits of the Azerbaijan Republic is not designated to persons:
52.2.1. lived in the territory of the Azerbaijan Republic five years by the time of the introduction of sentence in legal force;
52.2.2. married to the citizen (citizen) of the Azerbaijan Republic by the time of the introduction of sentence in legal force;
52.2.3. been born in the Azerbaijan Republic;
52.2.4. one of parents of which is the citizen (citizen) of the Azerbaijan Republic;
52.2.5. having the status of the refugee or been granted political asylum in the Azerbaijan Republic;
52.2.6. dependent on which there is minor child who is the citizen of the Azerbaijan Republic, incapacitated person or person with disability of the I degree;
52.2.7. concerning which there are good causes to assume or exclusion of which contradicts interests of ensuring national security that they will be exposed to tortures or prosecutions in the country where will arrive after expulsion.
52.3. If the international treaty of the Azerbaijan Republic establishes other rules, than those which are provided 52.1-52.2 of this Code are applied rules of the international treaty.
52-1.1. Punishment in the form of restriction of freedom consists in content of the convict under supervision at the place of residence without complete isolation from society. The court imposes restriction for leaving by the convict to which penalty in the form of restriction of freedom, residences (completely or in certain time of day) and limits of certain territory is imposed.
52-1.2. Person condemned to punishment in the form of restriction of freedom carries out the following obligations:
52-1.2.1. not leave the residence completely or in certain time of day;
52-1.2.2. carry electronic means of supervision and service this means for content in working order;
52-1.2.3. not leave limits of the territory established by court;
52-1.2.4. not change the residence without decision of the relevant court, and also previously to report to the body exercising supervision of execution of the punishment about change of place of employment or training.
52-1.3. The court can establish the following subsidiary duties concerning the convict:
52-1.3.1. not organize mass and other actions or not participate in such actions;
52-1.3.2. not visit certain places within the territory established by court;
52-1.3.3. receive medical treatment for alcoholism, drug addiction, toxicomania or venereal diseases;
52-1.3.4. other obligations promoting correction of the convict.
52-1.4. Restriction of freedom is appointed for a period of six months up to five years.
52-1.5. In case of regular or malicious evasion by the convict from accomplishment of the obligations established by court, the court, based on representation of the body exercising supervision of execution of the punishment replaces unexpired part of punishment with imprisonment with certain term. At the same time term is set off at the rate of two days of restriction of freedom in one day of imprisonment.
52-1.6. Restriction of freedom is not appointed to military personnel, foreigners and stateless persons, and also persons who do not have the permanent residence in the territory of the Azerbaijan Republic.
It is excluded according to the Law of the Azerbaijan Republic of 31.05.2011 No. 137-IVQD)
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