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THE CODE OF THE AZERBAIJAN REPUBLIC ABOUT EXECUTION OF PUNISHMENTS

Approved by the Law of the Azerbaijan Republic of July 14, 2000, No. 908-IG

(as amended on 29-06-2020)

General part

Section I. Basic provisions of the legislation on execution of punishments

Chapter I. General provisions

Article 1. Legislation on execution of punishments

The legislation on execution of punishments determining procedure and conditions of execution and serving, and also application of other measures of criminal and legal nature of the penalties imposed by court, consists of of this Code, other regulatory legal acts of the Azerbaijan Republic and international treaties supported by the Azerbaijan Republic.

Article 2. The purposes and tasks of the Code about execution of punishments

2.1. The purpose of this Code is correction of convicts, the prevention of making of new crimes as condemned, and other persons.

2.2. The task of this Code consists in regulation of procedure and conditions of execution and serving of punishments, determination of cures of convicts, protection of their rights, freedoms and legitimate interests of convicts.

2.3. This Code according to objectives establishes general provisions and the principles of execution of punishments, applications of other measures of criminal and legal nature provided by the Criminal code of the Azerbaijan Republic; procedure and conditions of execution and serving, and also application of other measures of criminal and legal nature of punishments, use of cures of convicts; procedure for activities of the companies and bodies performing punishments, procedure for participation of relevant organs of the executive authority, other companies, organizations or organizations, public associations, citizens in correction of convicts; procedure for release from punishment; procedure for assistance to the exempted persons.

Article 3. The code about execution of punishments and international legal acts

3.1. This Code considers the international agreements supported by the Azerbaijan Republic relating to rules of execution of punishments and the treatment of convicts.

3.2. If international treaties of the Azerbaijan Republic establish other regulations, than it is provided by provisions of this Code, then rules of international treaties are applied.

3.3. According to the Constitution, the relevant laws of the Azerbaijan Republic and the principles and rules of international law this Code is based on non-admission of tortures or other cruel, brutal actions or humiliations of the personality in the treatment of convicts.

Article 4. Regulatory legal acts on execution of punishments

Relevant organs of the executive authority can adopt the regulatory legal acts based on the legislation concerning execution of punishments.

Article 5. Operation of the Code about execution of punishments in space and in time

5.1. This Code is applied in all territory of the Azerbaijan Republic.

5.2. Execution of punishments, and also use of cures of convicts and assistance to persons exempted from punishment, is performed according to the legislation existing during their execution.

Article 6. Bases of execution of punishments

The bases of execution of punishments and application to other measures of criminal and legal nature are the court verdict, or taken legal effect, and also acts of amnesty or pardon.

Article 7. Principles of the legislation on execution of punishments

The legislation on execution of punishments is based on the principles of legality, humanity, democratism, equality of convicts and legal entities to which measures of criminal and legal nature before the law, individualizations of execution of punishments, reasonable application of enforcement measures, cures of convicts and stimulation of their right obedient behavior and strengthening of educational impact of punishment are applied.

Article 8. Correction of convicts and its fixed assets

8.1. Correction of convicts is stimulation at them right obedient behavior, forming at them of respect and honoring to the person, society, work, rules and traditions of human community.

8.2. Fixed assets of correction of convicts are:

8.2.1. established procedure of execution and serving sentence (mode);

8.2.2. educational work;

8.2.3. socially useful work;

8.2.4. general education;

8.2.5. professional education and professional training;

8.2.6. public impact.

8.3. Cures of convicts are applied taking into account type of punishment, degree and nature of public danger of the committed crime, the identity of the convict and his behavior.

Chapter II. Legal status of convicts

Article 9. Bases of legal status of convicts

9.1. Azerbaijani respects the Republics and protects the rights, freedoms and legitimate interests of convicts, provides legality of use of cures of convicts, their legal protection and personal security in case of execution of punishments.

9.2. In case of execution of punishments to convicts guarantees of the rights and freedoms belonging to citizens of the Azerbaijan Republic with the restrictions and withdrawals established Criminal, Criminal procedure by codes of the Azerbaijan Republic, this Code and other legal acts are provided. Convicts perform the duties arising from the rights and freedoms except the cases established by the legislation.

9.3. Convicts are foreigners or stateless persons have the rights and perform duties which are defined by the international treaties and the legislation on legal status of foreigners and persons without citizenship supported by the Azerbaijan Republic, excepting the restrictions set Criminal, Criminal procedure by codes of the Azerbaijan Republic, this Code and other legal acts.

9.4. The rights and obligations of convicts, and also restriction of these rights and obligations are determined by this Code and other regulatory legal acts proceeding from rules and conditions of execution and serving of type of punishment.

Article 10. Basic rights of convicts

10.1. In case of execution and serving sentence the stipulated by the legislation rights and freedoms of convicts are provided. The rights and freedoms of convicts can be limited only in the procedure established by the legislation.

10.2. In case of execution and serving sentence convicts have the right on:

10.2.1. serving sentence in the conditions of providing respect for the identity of the person;

10.2.2. occupation socially useful work;

10.2.2-1. play physical culture and sport;

10.2.3. rest;

10.2.4. receipt of pension or social benefit;

10.2.5. obtaining in out-patient or stationary procedure for medical care, including primary medical care depending on the medical certificate;

10.2.6. receipt of data on the rights and obligations, including about procedure and conditions of execution of the penalty imposed by court;

10.2.7. the address with offers on protection of the rights and freedoms in the procedure established by the legislation of the Azerbaijan Republic, the address with the statement and the claim in the state or other language, and in necessary cases use for these purposes of translation service, provided by the organization or body performing punishment;

10.2.7-1. express the opinion according to decisions, accepted concerning execution and serving sentence, or to appeal them;

10.2.8. participation performed by religious practices;

10.2.9. receipt of legal aid;

10.2.9-1. receipt of free psychological assistance according to the procedure, established by the Law of the Azerbaijan Republic "About psychological assistance";

10.2.10. education and passing of professional training;

10.2.11. convicts are foreigners, stateless persons and having the status of the refugee - it is short-term on private matters to take up with diplomatic and consular representations of the states either the national, or international organizations which undertook guardianship over them;

10.2.12. the address with the petition for delay of execution of the punishment or its cancellation, release from execution of the punishment due to illness, releases from serving sentence in connection with completion date of conviction, parole from punishment, replacement of unexpired part of punishment with softer type of punishment, replacement like organization of serving sentence, application of amnesty, inclusion of term of content in medical institution in time serving sentence, early withdrawal of criminal record, and for pardon to the President of the Azerbaijan Republic directly or through legal representatives, and also concerning the minor convicts or convicts suffering from physical defect or mental disease - through their defenders and legal representatives.

10.3. The personnel of the organization or body performing punishment shall treat convicts politely. Convicts shall not be exposed to the cruel and degrading human dignity address. Enforcement measures can be applied to convicts only based on the law.

10.4. Convicts cannot be subjected to medical or other experiences which threaten their life and health.

10.5. The procedure of the rights of convicts is established by this Code and other regulatory legal acts.

10.6. When implementing the rights of convicts violation of regulatory legal acts, rights of legal entities and physical persons is not allowed.

Article 11. Fundamental obligations of convicts

11.1. Convicts shall perform obligations, stipulated by the legislation for citizens of the Azerbaijan Republic, and respect the relevant rules of behavior accepted in society.

11.2. Convicts shall observe requirements of this Code and other regulatory legal acts adopted according to it.

11.3. Convicts shall fulfill legal requirements of personnel of the organization or body performing punishment.

11.4. Convicts shall treat politely personnel of the organization performing punishment and persons visiting organizations of serving sentence and also other convicts.

11.5. Non-execution by convicts of the obligations assigned to them, and also failure to carry out of legal requirements of personnel of the organizations or bodies performing punishments attract the responsibility established by the law.

11.6. Convicts undergo obligatory state dactyloscopic and obligatory state genomic registration in the cases provided by the Law of the Azerbaijan Republic "About the state dactyloscopic and genomic registration in the Azerbaijan Republic".

Article 12. Right of convicts to personal security

12.1. Convicts have the right to personal security.

12.2. In case of threat of life, to health or the identity of the convict serving custodial sanction for certain term or lifelong imprisonment from other convicts or other persons, he has the right to file petition or in oral form to administration of organization of serving sentence for ensuring its safety.

12.3. The administration of organization of serving sentence for the prevention of threat makes the decision on transfer of the convict to the safe place or other measures.

Article 13. Providing liberty of conscience and religious liberty of convicts

13.1. Liberty of conscience and religious liberty is guaranteed to convicts. They have the right to practise any religion or not to practise any religion.

13.2. In organizations of serving sentence like settlement at the request of convicts to them it can be granted permission for visit of places of church services within unit of the administrative territory of execution of the punishment.

13.3. In organizations of serving sentence at the request of convicts priests of the religious societies which underwent state registration in the provided procedure are invited. In places of serving sentence by the convict it is allowed to make religious practices, to use religious accessories and literature.

13.4. Are allowed to the convicts containing in solitary confinements, disciplinary and penal insulators, rooms of chamber type of organizations of serving sentence of particular treatment priests with ensuring personal security.

13.5. The seriously ill convict at their request in organizations of serving sentence invites priests for accomplishment of necessary religious practices.

Article 14. Addresses of convicts and rule of their consideration

14.1. Offers, statements and claims of convicts can be stated in written and oral forms.

14.2. Offers, statements and claims of persons condemned to imprisonment, addressed go to the organizations specified in Article 10.2.12 of this Code through administration of organization of serving sentence. Convicts to other types of punishments, direct offers, applications and claims independently.

14.3. Offers whether statements and claims of convicts concerning decisions and actions of officials of the body performing punishment of organization stop execution of these decisions and actions.

14.4. Bodies or officials which directs offers, applications and claims of convicts shall consider them in stipulated by the legislation terms and report in writing about results to the convict.

14.5. Officials of the performing punishment of organization or body accept convicts in days and hours certain and known for it.

Chapter III. The organizations and bodies performing punishment and other measures of criminal and legal nature, control of their activities

Article 15. The organizations and bodies performing punishment and other measures of criminal and legal nature

15.1. Punishment in the form of social jobs is performed by the executive official of court at the place of residence of the convict, and mulctary punishment and criminal legal measure in the form of special confiscation by the executive official of court who pronounced sentence and also on place of employment of the convict or the location of its property.

15.1-1. The criminal legal measures in the form of penalty and special confiscation applied concerning legal entities are performed by the executive official in the location of the legal entity.

15.1-2. Criminal legal measures in the form of deprivation of the legal entity of the right to be engaged in certain activities and liquidation of the legal entity are performed by relevant organ of the executive authority.

15.2. Punishments in the form of exclusion out of limits of the Azerbaijan Republic on representation of the organization or body performing primary punishment it is performed by relevant organ of the executive authority.

15.3. Punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities is performed by the executive official at the place of residence of the convict or administration of organizations of serving sentence. Requirements of sentence about punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities it is performed on place of employment of the convict, and also according to the law authorized to liquidate permission to occupation the corresponding type of activity bodies.

15.4. Punishment in the form of deprivation of the right to manage the vehicle performs the body granting the right to manage the vehicle.

15.5. Punishment in the form of corrective works is performed by the executive official.

15.5-1. Punishment in the form of restriction of freedom is performed by the executive official at the place of residence of the convict.

15.6. Execution of custodial sanctions for certain term and lifelong imprisonment is performed by the relevant organizations on serving sentence.

15.7. Punishment in the form of deprivation of special, military or honorary title and the state awards is performed by the court which pronounced sentence. Requirements of sentence about deprivation of special, military or honorary title and the state awards are performed by the body which gave this rank, honorary title or awarded with the state award.

15.8. Punishment in the form of restriction on military service is performed by the commander of military unit on the duty station, and punishment in the form of content in disciplinary military unit is performed by the commander of the military unit created for these purposes.

15.9. Control of conditionally condemned is exercised by the executive official.

15:10. The mechanism of implementation of rules of execution and serving of the punishments by persons condemned to punishment in the form of content in military unit of disciplinary nature, imprisonment for certain term and lifelong imprisonment according to features of these types of punishment are determined by the Regulations accepted by relevant organs of the executive authority.

15:11. The organizations or bodies performing punishments are created or liquidated according to the procedure, the stipulated by the legislation Azerbaijan Republic.

Article 15-1. Probation control

15-1.1. Probation control consists of system of the complex measures of social and legal nature directed to control over the implementation of the obligations assigned by the law and the judgment to persons who are condemned to the punishments which are not connected with imprisonment are condemned conditionally, exempted from punishment conditional ahead of schedule or concerning which serving sentence is delayed, and also other persons, stipulated in Article 15-1.2.3 of this Code, on correction, social adaptation and rehabilitation of convicts.

15-1.2. Probation control is applied in the relation:

15-1.2.1. persons condemned to mulctary punishment, deprivations of the right to vehicle control, deprivations of the right to hold certain position or to be engaged in certain activities, social jobs, corrective works, restrictions of freedom;

15-1.2.2. persons, convicts it is conditional, exempted from punishment conditional ahead of schedule, and persons concerning whom serving sentence is delayed;

15-1.2.3. persons to whom for the purpose of treatment for alcoholism or drug addiction enforcement powers of medical nature are appointed.

15-1.3. Probation control is exercised by relevant organ of the executive authority.

15-1.4. The executive officials exercising probation control in addition to the obligations established by this Code, the Laws of the Azerbaijan Republic "About execution" and "About executive officials" shall:

15-1.4.1. apply to convicts electronic means of supervision based on the judgment and control observance by the convict of rules of use of these means;

15-1.4.2. take provisional measures in connection with search of the convict during 10-day term if its location cannot be established;

15-1.4.3. issue the decree on search of the convict if its location is not established during term more than 10 days, to send the copy of the resolution to relevant organ of the executive authority, and also according to the procedure, established by the Code of penal procedure of the Azerbaijan Republic, to submit the petition for detention of the convict;

15-1.4.4. perform the measures directed to correction, social adaptation and rehabilitation of convicts to which probation control is applied.

Article 15-2. Features of application of electronic means of supervision

15-2.1. Electronic means of supervision are applied to persons condemned to punishment in the form of restriction of social jobs and freedom. In the cases established by court electronic means of supervision can be applied also to conditionally convicts or conditionally ahead of schedule exempted persons.

15-2.2. The list of electronic means of supervision and the rule of their application are established by relevant organ of the executive authority.

15-2.3. Control over the implementation by the convict to which electronic means of supervision are applied of the established obligations is performed by executive officials.

15-2.4. If the obligation is assigned to person to carry on itself electronic means of supervision and to service it to support in working order, the electronic control is provided for use or is connected to it and rules of servicing for maintenance of the device in working order, any hindrances, and also inadmissibility of removal of the electronic control unit from the device when it is attached to the person, are explained consequence in law of these actions and the protocol is constituted.

15-2.5. If person to whom electronic means of supervision is applied damaged or in a different way brought this means into unfitness, its cost keeps at this person.

Article 16. Notification on the place of serving sentence

16.1. The official of the organization or body performing punishment with the consent of the convict shall send it to family or one of close relatives, or person specified to convicts the notification on execution of the punishment, on the place of serving sentence, on change of the place and release of the convict.

16.2. The organization or the body performing punishment concerning the foreigners or persons without citizenship serving custodial sanction for certain term and lifelong imprisonment with the consent of persons immediately reports diplomatic and consular representations of their states to either the national, or international organizations which undertook guardianship over them.

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