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CRIMINAL CODE OF THE AZERBAIJAN REPUBLIC

of December 30, 1999

(The last edition from 17-11-2017)

General part

Section I. Penal statute

Chapter 1. Tasks and principles of the penal statute of the Azerbaijan Republic

Article 1. Penal statute of the Azerbaijan Republic

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 regulations of international

 rights.

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.

Article 2. Tasks of the Criminal code of the Azerbaijan Republic

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.

Article 3. Basis of criminal liability

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.

Article 4. Principles of the Criminal code and criminal liability

This Code is based on the principles of legality, equality before the law, responsibility for fault, justice and humanity.

Article 5. Principle of legality

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.

Article 6. Principle of equality before the law

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.

Article 7. Principle of responsibility for fault

7.1. Person is subject to criminal liability and punishment only for those socially dangerous acts (actions or failure to act) and their consequences concerning which his guilt is ascertained.

7.2. Person is not subject to criminal liability for innocent damnification.

Article 8. Concept of justice

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.

Article 9. Principle of humanity

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.

Chapter 2. Action of the penal statute

Article 10. Action of the penal statute in time

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 consequences 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.

Article 11. Action of the penal statute concerning persons who committed crime in the territory of the Azerbaijan Republic

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.

Article 12. Action of the penal statute concerning persons who committed crime outside the Azerbaijan Republic

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.

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