LAW OF THE AZERBAIJAN REPUBLIC

of November 6, 1991 No. 250-XII

About amnesty in connection with declaration of the state independence of the Azerbaijan Republic persons condemned by courts of the Azerbaijan Republic

Due to the declaration of the state independence of the Azerbaijan Republic the Supreme Council of the Azerbaijan Republic, being guided by the principles of humanity, decides:

1. Exempt from custodial sanction irrespective of the appointed term, and also from the punishment which is not connected with imprisonment, convicts:

a) taking part in protection of the Homeland in 1918-1991;

b) awarded with awards and medals of the USSR;

c) persons having the minor children, expectant mothers, persons who did not reach age of majority;

d) 60 years are more senior than men and 55 years are more senior than women;

e) disabled people of I and II groups;

e) persons who left military units outside the republic.

2. Exempt from punishment of women, for the first time convicts to imprisonment for a period of up to five years inclusive which served at least one third of the appointed punishment sentence and also the women condemned to the punishment which is not connected with imprisonment.

3. Exempt from punishment of convicts to corrective works without imprisonment.

4. Exempt from places of detention conditionally with obligatory labor involvement of convicts to imprisonment for a period of up to three years inclusive, except persons falling under operation of articles 1 and 2 of this Law.

5. Stop production all investigative cases and cases which are not considered by courts about the crimes committed to the introduction of this Law in force by persons listed in the article I of the Law.

6. Convicts are not subject to conditional release based on article 4 of the Law:

a) the III groups recognized in accordance with the established procedure by disabled people, minor;

b) serving sentence in colonies settlements of all types;

c) foreign citizens and stateless persons.

7. Reduce unexpired part of punishment:

a) conditionally condemned to imprisonment with obligatory labor involvement and conditionally exempted from places of detention with obligatory labor involvement - half;

b) the convict serving sentence in colonies settlements for persons who committed crimes on imprudence - half:

c) the convict to imprisonment for the term of more than three years and serving sentence in correctional institutions - on one third.

8. Not apply amnesty to persons:

a) condemned for especially dangerous high treasons, and also for the crimes provided by Articles 67, of 70, 70-1, 72 of the Criminal code of the Azerbaijan Republic;

b) recognized as especially dangerous recidivists;

c) condemned for premeditated murder (except for the murder committed in condition of heat passion or in case of exceeding of limits of justifiable defense); intentional heavy bodily harm (except for the heat passion caused in condition or in case of exceeding of limits of justifiable defense); infringement of life of the employee of militia or the national combatant, rape in case of aggravating circumstances; plunder of the state-owned or public property in especially large sizes; plunder of the state-owned or public property by theft and theft of personal property of citizens in case of aggravating circumstances; robbery in case of aggravating circumstances; robbery; the taking of a bribe, bribery or mediation in bribery committed in case of aggravating circumstances, and also for the crimes provided by Articles 113, 220-1, 225, of 226, 226-1, 226-2 Criminal codes of the Azerbaijan Republic;

d) the offender more than two times to imprisonment for intentional crimes, and also to persons, previously convicted to imprisonment for the crimes listed in the Items "and" and "v" of this Article;

e) earlier exempted from punishment according to the procedure of the pardon or amnesty and crimes which again committed intentional crime, except for which are not considered as heavy;

e) not completed full course of treatment for alcoholism, drug addiction or venereal diseases;

g) it is malicious breaking the mode in term of imprisonment.

10. Remove criminal record from the faces exempted from punishment based on Articles 1, 2 and 3 presents of the Law.

11. This Law becomes effective from the date of its edition and is subject to execution within three months.

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