PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of July 18, 2001 No. 538

About approval of the Regulations on pardon

For the purpose of ensuring implementation on the basis of the new penal legislation of the powers of the President of the Azerbaijan Republic specified in Item 22 of article 109 of the Constitution, I decide enhancements of activities of the Commission on pardon questions in case of the President of the Azerbaijan Republic and the procedure of pardon:

1. Approve Regulations on pardon it (is applied).

2. This Decree becomes effective from the date of signing.

Approved by the Presidential decree of the Azerbaijan Republic of July 18, 2001 No. 538

Regulations on pardon

I. General provisions

1. Based on Item 22 of article 109 of the Constitution of the Azerbaijan Republic pardon is exclusive competence of the President of the Azerbaijan Republic and is applied to persons identified in individual procedure. Pardon is, as a rule, performed according to the this provision provisions. The decision on pardon is drawn up by the Order of the President of the Azerbaijan Republic.

2. Pardon can be applied to persons condemned by courts of the Azerbaijan Republic or the citizens of the Azerbaijan Republic, foreigners and persons without citizenship condemned by courts of other states and serving sentence in the Azerbaijan Republic.

3. The order of the President of the Azerbaijan Republic about pardon:

3.1. the convict can be exempted from serving of the rest of punishment;

3.2. appointed condemned the term of punishment it can be reduced;

3.3. the part of punishment which is not left by the convict can be replaced with easier type of punishment.

4. The order of the President of the Azerbaijan Republic about pardon punishment of person condemned on lifelong imprisonment can be also replaced with custodial sanction by term no more than for 25 years, and also the criminal record of person who served sentence can be removed.

5. The order of the President of the Azerbaijan Republic about pardon is legal ground for execution without fail by the relevant state bodies of the provisions given in the Order.

6. Pardon is not the circumstance acquitting person and eliminating the crime execution fact. Pardon is manifestation of humanity concerning the condemned person.

II. Petition for pardon

7. The petition for pardon can be submitted by the condemned person, his defender, the representative or the legal representative.

8. The petition for pardon can be submitted, as a rule, to the following terms:

8.1. concerning person condemned on punishment in the form of corrective works, restrictions of freedom, content in military unit of disciplinary nature, restriction on military service and imprisonments for the crime which is not constituting big public danger - after the introduction of sentence in legal force;

8.2. concerning person condemned on custodial sanction for making of less serious crime - after serving at least a third of term of punishment;

8.3. concerning person condemned on custodial sanction for making of heavy and especially serious crime - after serving at least a half of punishment;

8.4. concerning person condemned on punishment in the form of lifelong imprisonment - after serving of ten years of term of punishment;

8.5. about removal of criminal record - after serving sentence by the condemned person.

9. In the petition for pardon the following data shall be specified:

9.1. surname, name, middle name of the condemned person;

9.2. year, month, day and the birthplace of the condemned person;

9.3. the name of the court which pronounced sentence concerning the condemned person, date of adjudgement, the summary of final part of sentence (if case was considered in last resort courts, also data on result of consideration of the case in courts);

9.4. type, punishment limit concerning the condemned person, not served sentence of punishment and the place of serving sentence (if imprisonment, also its residence is not applied to the condemned person);

9.5. other necessary data concerning the identity of the condemned person including on state of his health and marital status, and also on the facts important for case;

9.6. repentance of person in connection with the committed crime, compensation of the caused material damage and other circumstances specifying possibility of pardon.

10. In case of submission of the petition for pardon by the defender, representative or legal representative of the condemned person its surname, name, middle name, place of employment or the residence shall be entered.

11. The petition for pardon shall be signed by the condemned person who submitted it, his defender, the representative or the legal representative. The defender, the representative or the legal representative shall attach also to the application the document confirming its competence.

12. The deputy Millie of Majlis of the Azerbaijan Republic, the representative of MM for human rights, the body performing punishment, the international or non-governmental organization can also bring up question of pardon the petition.

The commissions on cases of minors and protection of their rights can also petition for pardon of the persons which were at the time of crime execution aged from fourteen up to eighteen years and condemned by courts of the Azerbaijan Republic.

III. Acceptance of the petition for pardon and preparation it to consideration

13. The application or the plea for mercy addressed to the President of the Azerbaijan Republic is registered in Department on work with law enforcement agencies and military science of Administration of the President of the Azerbaijan Republic (further - the sector concerning pardon) and observance of the requirements provided by Items 7-11 of this provision by it is checked.

14. The sector concerning pardon by results of verification of the petition for pardon within ten days:

14.1. in case of non-compliance identification by the addressed person of the above-stated requirements, leaves his application unconsidered and in writing notifies about it this person (in this case the addressed person can repeatedly submit the petition for pardon with observance of the specified requirements);

14.2. if it is determined that the application is not within the competence of the Commission on pardon questions in case of the President of the Azerbaijan Republic (further - the Commission on pardon questions), sends it to the relevant state bodies for consideration on concern;

14.3. in case of observance establishment by the addressed person of the requirements specified in Items 7-11 of this provision prepares the application for consideration it in essence in the procedure provided by this Provision.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info