LAW OF THE AZERBAIJAN REPUBLIC

of October 20, 2017 No. 816-VQD

About introduction of amendments to the Criminal code of the Azerbaijan Republic

Being guided by Item 17 of part I of article 94 of the Constitution of the Azerbaijan Republic, Millie decides Majlis of the Azerbaijan Republic:

Article 1

In the Criminal code of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2000, No. 4, book II, Article 251, No. 5, Article 323, No. 12, Article 835; 2001, No. 1, Article 24, No. 7, Article 455; 2002, No. 1, Article 9, No. 5, Articles 236, 248, 258, No. 6, Article 326, No. 8, Article 465; 2003, No. 6, Articles 276, 279, No. 8, Articles 424, 425, No. 12, book I, Article 676; 2004, No. 1, Article 10, No. 4, Article 200, No. 5, Article 321, No. 8, Article 598, No. 10, Article 762, No. 11, Article 900; 2005, No. 1, Article 3, No. 6, Article 462, No. 7, Article 575, No. 10, Article 904, No. 11, Article 994; 2006, No. 2, Articles 71, 72, 75, No. 5, Article 390, No. 12, Articles 1008, 1020, 1028; 2007, No. 2, Article 68, No. 5, Article 398, No. 6, Articles 560, 562, 579, No. 8, Article 757, No. 10, Articles 937, 941, No. 11, Articles 1049, 1080, 1090, No. 12, Article 1221; 2008, No. 6, Articles 454, 461, No. 7, Article 602, No. 10, Article 884, No. 12, Articles 1047, 1049; 2009, No. 5, Article 315, No. 7, Article 517, No. 12, Article 953; 2010, No. 2, Article 70, No. 3, Articles 171, 178, No. 4, Articles 275, 276, No. 7, Article 591; 2011, No. 4, Article 253, No. 6, Articles 472, No. 7, Articles 587, 601, 621, No. 11, Article 980, No. 12, Article 1093; 2012, No. 2, Article 45, No. 3, Articles 193, 196, No. 7, Articles 666, 669, 673, No. 11, Article 1068; 2013, No. 1, Article 14, No. 2, Article 102, No. 4, Article 364, No. 5, Articles 459, 479, 481, No. 6, Articles 594, 600, No. 11, Articles 1264, 1286, 1312, No. 12, Article 1492; 2014, No. 2, Articles 89, 95, No. 4, Article 327, No. 6, Articles 618, 622; 2015, No. 4, Articles 339, 359, 368; No. 5, Articles 504, 508, 510, No. 6, Articles 678, 690, 692, No. 11, Articles 1253, 1268, 1289, No. 12, Articles 1437, 1445; 2016, No. 4, Articles 634, 636, 638, 653, No. 5, Article 845, No. 6, Articles 993, 1001, No. 12, Articles 1983, 1999, 2008, 2019, 2038, 2048; 2017, No. 2, Article 161, No. 3, Article 330, No. 5, of Article 694, of 697, of 700, of 702, of 733, No. 7, of Article 1268, of 1271, of 1293) to make the following changes:

1.1. State Article 16.3 in the following edition:

"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.";

1.2. Under Article 18.4:

1.2.1. in Articles 18.4.1 and 18.4.2 of the word "criminal record for crimes" to replace with the word "crimes";

1.2.2. at the end of Article 18.4.3 to replace point with semicolon and to add with Article 18.4.4 of the following content:

"18.4.4. criminal record for crimes on which the penalty which is not connected with imprisonment is imposed.";

1.3. Add with Article 42.0.9-1 of the following content:

"42.0.9-1. restriction of freedom;";

1.4. In Article 43.1 after the word "content" to add with the words "restriction of freedom";

1.5. In Article 44.4 after words "corrective works" to add with words ", restriction of freedom";

1.6. In the second offer of Article 46.3 after words of "this type of punishment" to add with words "to penalty and";

1.7. Under Article 47:

1.7.1. exclude the second offer of Article 47.1;

1.7.2. in Article 47.3 in the first offer after the word "part" to add with words "restriction of freedom or" and the second offer to state in the following edition:

"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.";

1.7.3. In Article 47.4.3 to replace the word of "eight" with the word of "three" and after the word to "women" to add with words ", and also to the men who solely are bringing up the child up to three years";

1.7.4. In Article 47.4.5 after the word "serviceman" to add with the words "and to cadets of the educational institutions of special purpose training the military personnel";

1.8. To state the text of Article 48 in the following edition:

"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.";

1.9. Under Article 49:

1.9.1. in Article 49.3 in the first offer after the word "part" to add with words "restriction of freedom or" and the second offer to state in the following edition:

"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 three days of corrective works.";

1.9.2. add with Article 49.4 of the following content:

"49.4. Corrective works are not applied to disabled people of the first group and the military personnel.";

1.10. Under Article 50:

1.10.1. in both cases to exclude the words "passing military service under the contract" from Article 50.1;

1.10.2. in Article 50.2 shall be replaced with words the word of "monetary pay" "monthly cash allowance";

1.10.3. add with Article 50.4 of the following content:

"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.";

1.11. Add with Article 52-1 of the following content:

"Article 52-1. Restriction of freedom

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