LAW OF THE AZERBAIJAN REPUBLIC

of May 1, 2020 No. 68-VIQD

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

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

Article 1. Make the following changes to the Criminal code of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2000, No. 4 (the 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, Article 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. 5, Article 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, No. 12, Article 1223; 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, 1298, No. 12, Articles 1437, 1445; 2016, No. 4, Articles 634, 636, 638, 653, No. 5, Articles 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, Articles 694, 697, 700, 702, 733, No. 7, Articles 1268, 1271, 1293, No. 11, Articles 1968, 1978, No. 12 (I book), Article 2231; 2018, No. 3, Article 403, No. 5, Article 861, No. 6, article 1154, No. 7 (book I), Article 1441, No. 10, Article 1972, No. 11, article 2213, No. 12 (book I), Article 2472; 2019, No. 4, Article 586, No. 7, Article 1201, No. 8, Article 1367; The Law of the Azerbaijan Republic of March 17, 2020 No. 28-VIQD):

1.1. In Article 44.2 after the words "to the tenfold size" to add the word", and also at the rate to hundred percent of cost of subject of crime".

1.2. State Article 47.4.5 in the following edition:

"47.4.5. to the military personnel.".

1.3. In the second offer of Article 49.3 and in Article 69.3 the word "tri" to replace with the word "four.

1.4. Under Article 68:

1.4.1. In Article 68.1.3 to replace the word "tri" with the word "four";

1.4.2. In Article 68.2 after the word "penalty" to add the word "with social jobs";

1.4.3. Add Articles 68.3 and 68.4 of the following content:

"68.3. In case of partial or complete addition of punishments on cumulative offenses and cumulative sentences to one day of restriction of freedom are equated:

68.3.1. two days of corrective works;

68.3.2. four hours of social jobs.

68.4. In case of partial or complete addition of punishments on cumulative offenses and cumulative sentences to one day of corrective works two hours of social jobs are equated.".

1.5. Exclude the words "and removal of criminal record" from Article 71.1 and add Article with the second and third offers of the following content:

"If the court comes to conclusion that conditional condemnation can be cancelled, then the convict can be exempted fully or partially also from additional punishment. In case of cancellation of conditional condemnation the court also makes the decision on removal of criminal record of person if for the convict there is no additional punishment or if it is completely exempted from additional punishment.".

1.6. "Note" of Article 72 to consider the text of part the first Item and to add with this Item the 2nd and 3rd Items of the following content:

"2. In cases of making of the criminal action provided by Articles 72-73-2 of this Code in partnership, the damage caused to the victim and the payment in the government budget provided by Articles 73-1. 2, 73-1.3 and 73-2.2 of this Code, are paid in the shares determined by court to each participant of crime depending on nature and extent of the actual participation in crime execution, the importance of such participation in achievement of criminal objective, its influence on the size and nature of the caused damage.

3. In cases, when the crime provided by Articles 73-1. 2, 73-1.3 and 73-2.2 of this Code, were not ended for the reasons, independent of will of person, by consideration of question of release of person from criminal liability according to these Articles, payment in the government budget is determined in the amount of ten percent of property to which attempt on unfinished crime was directed.".

1.7. Under Article 73-1:

1.7.1. In Article 73-1.1 after figures "179.1" to add figure "185.1";

1.7.2. In Article 73-1.2 of the word "in single size" shall be replaced with words "in the amount of twenty five percent";

1.7.3. In Article 73-1.3 of the word "in double size" shall be replaced with words "in the amount of fifty percent".

1.8. Under Article 73-2:

1.8.1. In article 73-2.1 of figure "209.1, 209.2.2" to replace with figures "209";

1.8.2. Exclude from Article 73-2.2. figures "209.2.1, 209.3"

1.9. Exclude from Article 79.3 of the word "or sends the convict to the relevant organization for serving of the rest of punishment".

1.10. Add Article 80-1 of the following content:

"Article 80-1. Release from punishment in connection with conciliation with the victim, compensation of the damage caused by crime or the gained income in full

The convict is exempted from serving sentence if he satisfies the conditions provided in Articles 73. 2, 73-1. 1, 73-1.2 and 73-2, and also in parts "Note" of Articles 72, the 263 and 306 of this Code about release from criminal liability during serving sentence.".

1.11. Under Article 83.3:

1.11.1. In Article 83.3.1 after the word of "term" to add the word", and in cases of existence of not served additional punishment also upon termination of departure of additional punishment";

1.11.2. add Article 83.4-1 of the following content:

"83.4-1. When person, ended serving of primary punishment or was ahead of schedule exempted from serving of primary punishment, or not left part of its punishment was replaced with easier type of punishment, in cases of existence of not served additional punishment of person, date of termination of criminal record is estimated from the date of completion of departure of additional punishment.".

1.12. In Article 85.5 the second offer to consider the third offer, and to add the second offer of the following content:

"If the minor in case of assignment of punishment on cumulative offenses and sentences imposes penalty of imprisonment for ten years on one of the crimes included in set, final punishment is imposed by absorption of less stiff punishment by more stiff punishment.".

1.13. Article 99-4.4 - 99-4.7 to consider Articles 99-4.3 - 99-4.6 respectively.

1.14. In article 99-7.2 of figure "99-5.3" to replace with figures "99-5.4".

1.15. Exclude from Article 162.1. words "or less heavy".

1.16. Under Article 167-2:

1.16.1. After the words "or" to add the word to sanctions of Article 167-2.1 "restriction of freedom for a period of up to two years or";

1.16.2. After the words "or" to add the word to sanctions of Article 167-2.2 "restriction of freedom for a period of two up to four years or".

1.17. In the sanction of Article 186.1 of the word "from two thousand to four thousand manats" shall be replaced with words "from damage, double to the triple size, caused as a result of crime".

1.18. In the sanction of Article 187.1 of the word "from one thousand to two thousand manats" shall be replaced with words "from damage, double to the triple size, caused as a result of crime".

1.19. Under Article 188:

1.19.1. After the words "or" to add the word to sanctions of Article 188.1 "restriction of freedom for a period of up to two years or";

1.19.2. Before the word "deprivation" to add the word to sanctions of Article 188.2 "restriction of freedom for a period of one up to three years or";

1.19.3. Before the word "deprivation" to add the word to sanctions of Article 188.3 "restriction of freedom for a period of three up to five years or", and to replace the word of "three" after the words "for a period of" with the word of "two";

1.20. Under Article 190:

1.20.1. In the sanction of Article 190.2 of the word "from double to the quadruple size" shall be replaced with words "in double size";

1.20.2. In part the word of "twenty" to replace "Note" with the word of "fifty", in the first, second and third cases to replace the word of "hundred" with the word of "two hundred".

1.21. Under Article 192:

1.21.1. In disposition of Article 192.1 of the word "to citizens, the organizations or" shall be replaced with words "to physical persons or legal entities or";

1.21.2. In the sanction of Article 192.1 "quadruple" to replace the word with the word "triple", words "restriction of freedom for a period of up to six months" shall be replaced with words "corrective works for a period of up to one year";

1.21.3. In the sanction of Article 192.2 of the word "from triple to the fivefold size" shall be replaced with words "in triple size".

1.22. Under Article 192-1:

1.22.1. In disposition of Articles 192-1.1 and 192-1.2 of the word "to citizens, the organizations or" shall be replaced with words "to physical persons or legal entities or";

1.22.2. In sanctions of Articles 192-1.1 and 192-1.2 "quadruple" to replace the word with the word of "triple";

1.22.3. In the sanction of Article 192-1.3 of the word "from triple to the fivefold size" shall be replaced with words "in triple size".

1.23. In the sanction of Article 193.1 "quadruple" to replace the word with the word "triple", in the sanction of Article 193.2 of the word "from triple to the fivefold size" shall be replaced with words "in triple size".

1.24. Under Article 194:

1.24.1. In the sanction of Article 194.1-1 "quadruple" to replace the word with the word of "triple";

1.24.2. In the sanction of Art. 194.2 to replace the word of "seven" with the word of "six".

1.25. In the sanction of Article 195.1 "quadruple" to replace the word with the word "triple", in the sanction of Article 195.2 of the word "from triple to the fivefold size" shall be replaced with words "in triple size".

1.26. Under Article 195-1:

1.26.1. In the sanction of Article 195-1.1 of the word "to the quadruple size" shall be replaced with words "to the triple size or restriction of freedom for a period of up to one year";

1.26.2. In the sanction of Article 195-1.2 of the word "from triple to the fivefold size" shall be replaced with words "in triple size";

1.26.3. In the sanction of Article 195-1.3 of the word "from quadruple to the sixfold size" shall be replaced with words "in quadruple size".

1.27. In the sanction of Article 195-2.1 of the word "up to one year" shall be replaced with words "up to two years", in the sanction of Article 195-2.2 of the word "from triple to the fivefold size" shall be replaced with words "in triple size".

1.28. In the sanction of Article 196.1 "quadruple" to replace the word with the word "triple", in the sanction of Article 196.2 of the word "from triple to the fivefold size" shall be replaced with words "in triple size".

1.29. In the sanction of Article 197.1 "quadruple" to replace the word with the word "triple", in the sanction of Article 197.2 shall be replaced with words the word "from triple to the fivefold size" "in triple size".

1.30. In the sanction of Article 198.1 "quadruple" to replace the word with the word "triple", in the sanction of Article 198.2 of the word "from triple to fivefold" shall be replaced with words "in triple size".

1.31. In the sanction of Article 200-2.1 "quadruple" to replace the word with the word "triple", in the sanction of Article 200-2.3 of the word "from triple to the fivefold size" shall be replaced with words "in triple size".

1.32. In the sanction of Art. 201.2 to replace the word of "seven" with the word of "five".

1.33. In the sanction of Article 201-1.1 "quadruple" to replace the word with the word "triple", in the sanction of Article 201-1.2 shall be replaced with words the word "from triple to the fivefold size" "in triple size".

1.34. In sanctions of Articles 202. 202-1.2 and 202-2.1 words "from triple to the fivefold size" shall be replaced with words 2, "in double size".

1.35. In the sanction of Article 203.1 "quadruple" to replace the word with the word "triple", in the sanction of Article 203.2 of the word "from triple to the fivefold size" shall be replaced with words "in triple size".

1.36. In the sanction of Article 203-1.1 "quadruple" to replace the word with the word "triple", in the sanction of Article 203-1.2 shall be replaced with words the word "from triple to the fivefold size" "in triple size".

1.37. In the sanction of Article 205-2.1 "quadruple" to replace the word with the word "triple", in the sanction of Article 205-2.2 shall be replaced with words the word "from triple to the fivefold size" "in triple size".

1.38. Under Article 206:

1.38.1. In Article 206.1 disposition "large" to replace the word with the word "considerable";

1.38.2. Before the word "deprivation" to add the word to sanctions of Article 206.1 "penalty in the amount of forty to sixty percent of cost of subject of crime or restriction of freedom for a period of up to three years with recovery of penalty in the amount of forty to sixty percent of cost of subject of crime or", and after the words "for a period of up to" replace the word of "five" with the word of "three";

1.38.3. Add Articles 206.1-1 and 206.1-2 of the following content:

"206.1-1. Making of acts, stipulated in Article 206.1 of this Code in large size,

it is punished by penalty in the amount of fifty to seventy percent of cost of subject of crime or restriction of freedom for a period of two up to five years with compensation of penalty in the amount of fifty to seventy percent of cost of subject of crime or imprisonment for a period of two up to four years.

206.1-2. Making of acts, stipulated in Article 206.1 of this Code in especially large size,

it is punished by penalty in the amount of sixty to eighty percent of cost of subject of crime or imprisonment for a period of three up to five years with compensation of penalty in the amount of sixty to eighty percent of cost of subject of crime.";

1.38.4. "Note" of Article to state the first Item of part in the following edition:

"1. In Article 206.1 of this Code "the considerable size" means the amount more than fifty thousand manats, but not exceeding two hundred thousand thousands of manats, in the article 206.1-1 "large size" means the amount, more than two hundred thousand manats, but not exceeding five hundred thousand manats, and in the article 206.1-2 "especially large size" means the amount exceeding five hundred thousand manats.".

1.39. In the sanction of Article 207 to replace the word of "eight" with the word of "seven".

1.40. Under Article 209:

1.40.1. In the sanction of Article 209.1 "quadruple" to replace the word with the word "triple", in the sanction of Article 209.2 shall be replaced with words the word "from triple to the fivefold size" "in triple size", in the sanction of Article 209.3 of the word "from quadruple to the fivefold size" shall be replaced with words "in quadruple size";

1.40.2. In part the first and second cases the word of "hundred" to replace "Note" with the word of "two hundred";

1.41. In the sanction of Article 210.1 "quadruple" to replace the word with the word "triple", in the sanction of Article 210.2 of the word "from triple to the fivefold size" shall be replaced with words "in triple size".

1.42. In the sanction of Article 211.1 "quadruple" to replace the word with the word "triple", in the sanction of Article 211.2 of the word "from triple to the fivefold size" shall be replaced with words "in triple size".

1.43. In the sanction of Article 212.1 "quadruple" to replace the word with the word "triple", in the sanction of Article 212.2 of the word "from triple to the fivefold size" shall be replaced with words "in triple size".

1.44. Under Article 213:

1.44.1. In the sanction of Article 213.1 "quadruple" to replace the word with the word of "triple";

1.44.2. In the sanction of the sanction of Article 213.2 shall be replaced with words the word "from triple to the fivefold size" "in triple size", in the sanction of Article 213.3 of the word "from quadruple to the fivefold size" shall be replaced with words "in quadruple size";

1.44.3. In part "Note" of the word "the amount more than twenty thousand manats, but not exceeding hundred thousand manats " the large size " means the amount more than hundred" shall be replaced with words "the amount more than fifty thousand manats, but not exceeding two hundred thousand manats, "the large size" means the amount more than two hundred".

1.45. "Note" of Article 213-1 to state part in the following edition:

"Note: in Articles 213-1.1 and 213-1.3 of this Code "the considerable size" means the amount from five hundred to two thousand manats, in the articles 213-1.2.1 and 213-1.4 "large size" more than two thousand manats mean the amount.".

1.46. In Article 215.1 of the word "the organization or the citizen" shall be replaced with words "physical person or legal entity".

1.47. Under Article 221:

1.47.1. In the sanction of Article 221.2 to replace the word of "four" with the word of "three";

1.47.2. In the sanction of Article 221.3 to replace the word of "six" with the word of "five".

1.48. Under Article 222:

1.48.1. In the sanction of Article 222.3 to replace the word of "ten" with the word of "seven";

1.48.2. Add Article 222.4 of the following content:

"222.4. The same act which led to the death of two or more persons on imprudence

it is punished by imprisonment for a period of five up to ten years with deprivation of the right to hold certain position or to be engaged in certain activities for a period of up to three years.".

1.49. Under Article 223:

1.49.1. In the sanction of Article 223.2 to replace the word of "seven" with the word of "six";

1.49.2. Add Article 223.3 of the following content:

"223.3. The same act which led to the death of two or more persons on imprudence

it is punished by imprisonment for a period of five up to ten years with deprivation of the right to hold certain position or to be engaged in certain activities for a period of up to three years.".

1.50. Under Article 225:

1.50.1. In the sanction of Article 225.2 to replace the word of "seven" with the word of "six";

1.50.2. Add Article 225.3 of the following content:

"225.3. The same act which led to the death of two or more persons on imprudence

it is punished by imprisonment for a period of five up to ten years with deprivation of the right to hold certain position or to be engaged in certain activities for a period of up to three years.".

1.51. In the sanction of Article 233-4.3 of the word "from triple to the quadruple size" shall be replaced with words "in triple size".

1.52. "Note" of Article 240 to consider the text of part the first Item and to add this part with the second Item of the following content:

"2. Person which voluntarily handed over the strong or toxic agents which are not relating to drugs and psychotropic substances or the taken active part in disclosure or prevention of the crimes connected with illicit trafficking in strong or toxic agents, identification of persons who made these acts search of the property acquired in the criminal way is exempted from criminal liability.".

1.53. In the sanction of Article 255.2 of the word "from triple to the fivefold size" shall be replaced with words "from double to the triple size";

1.54. In part "Note" of Article 256 of the word "the amount from four hundred to one thousand manats, and in the article 256.2.2 "large size" means the amount" shall be replaced with words "the amount from one thousand to seven thousand manats, and in the article 256.2.1 "large size" means the amount from seven".

1.55. In part shall be replaced with words "Note" of Article 258 of the word "from four hundred manats" "from one thousand manats to seven", and after the word "and" the large size means the amount" to add the word "more than seven".

1.56. Under Article 265:

1.56.1. Exclude from disposition of Article 265.1 of the word "or heavy";

1.56.2. To state the sanction of Article 265.1 in the following edition:

"it is punished by penalty at the rate from two thousand to four thousand manats or corrective works for a period of up to one year, or restriction of freedom for a period of up to one year, or imprisonment for a period of up to six months.";

1.56.3. Add Article 265.1-1 of the following content:

"265.1-1. The same act which did severe harm to health of the victim on imprudence

it is punished by penalty at the rate from three thousand to six thousand manats or corrective works for a period of up to two years, or restriction of freedom for a period of up to two years, or imprisonment for a period of up to one year.";

1.56.4. In disposition of Article 265.2 of the word "same act" shall be replaced with words "act, stipulated in Article 265.1 of this Code".

1.57. Under Article 265-1:

1.57.1. Exclude from disposition of Article 265-1.1 of the word "or heavy";

1.57.2. In the sanction of Article 265-1.1 of the word "penalty in the amount of three thousand to six thousand manats" shall be replaced with words "penalty in the amount of two thousand to four thousand manats" and words "corrective works for a period of up to two years, or restriction of freedom for a period of up to two years" shall be replaced with words "or restriction of freedom for a period of up to one year";

1.57.3. Add Article 265-1.1-1 of the following content:

"265-1.1-1. The same act which did severe harm to health of the victim on imprudence

it is punished by penalty at the rate from three thousand to six thousand manats or restriction of freedom for a period of up to two years or imprisonment for a period of up to two years with deprivation of the right to hold certain position or to be engaged in certain activities for a period of up to three years.";

1.57.4. In disposition of Article 265-1.2 of the word "same act" shall be replaced with words "act, stipulated in Article 265-1.1 of this Code".

1.58. Under Article 266:

1.58.1. In Article 266.3 disposition to replace the word "death" with the word "death";

1.58.2. Add part "Note" of the following content:

"Note. In Article 266.1 of this Code "the large size" means the amount exceeding fifty thousand manats.".

1.59. Under Article 267:

1.59.1. Exclude from disposition of Article 267.1 of the word "or heavy";

1.59.2. In the sanction of Article 267.1 of the word "corrective works for a period of up to two years or imprisonment for a period of up to six months" shall be replaced with words "corrective works for a period of up to one year or restriction of freedom for a period of up to one year";

1.59.3. Add Article 267.1-1 of the following content:

"267.1-1. The same act which did severe harm to health of the victim on imprudence

it is punished by penalty at the rate from three thousand to four thousand manats or corrective works for a period of up to two years, or restriction of freedom for a period of up to two years, or imprisonment for a period of up to six months.";

1.59.4. In disposition of Article 267.2 of the word "same act" shall be replaced with words "act, stipulated in Article 267.1 of this Code";

1.59.5. In Article 267.3 disposition to replace the word "death" with the word "death".

1.60. Under Article 268:

1.60.1. In disposition of Article 268.1 of the word "or causing severe harm or damage in large size" to replace with the word of "harm";

1.60.2. In the sanction of Article 268.1 the word of "six" to replace with the word of "five", words of "two years" (in both cases) shall be replaced with words "one year";

1.60.3. Add Article 268.1-1 of the following content:

"268.1-1. The same act which did severe harm to health of the victim on imprudence

it is punished by penalty at the rate from four thousand to six thousand manats or restriction of freedom for a period of up to two years or imprisonment for a period of up to two years.";

1.60.4. In Article 268.2 after the word "death" to add the word "or other heavy effects".

1.61. After the word of "manats" to add the word "or restriction of freedom for a period of up to two years" to the sanction of Article 272.1.

1.62. After the word of "manats" to add the word "or restriction of freedom for a period of up to two years" to the sanction of Article 273.1.

1.63. Under Article 302:

1.63.1. After the word of "manats" to add the word "or restriction of freedom for a period of up to two years or" to the sanction of Article 302.1;

1.63.2. After the word of "manats" to add the word to the sanction of Article 302.2 "restriction of freedom for a period of two up to four years or".

1.64. In part shall be replaced with words "Note" of Article 306 of the word "before removal of sentence by court" "to the introduction in legal force of sentence in connection with these acts".

1.65. After words "corrective works or" to add the word to the sanction of Article 308.1 "restriction of freedom for a period of up to three years or".

1.66. In the sanction of Article 308-2.4 of the word "from triple to the quadruple size" shall be replaced with words "in triple size".

1.67. After words "manats or" to add the word to sanctions of Article 312.1 "restriction of freedom for a period of three up to five years".

1.68. To state the text of Article 315 in the following edition:

"Rendering resistance to authority by use of force in case of accomplishment of service duties by it or use of force concerning it or his close relatives in connection with accomplishment of service duties by it

it is punished by restriction of freedom for a period of two up to five years or imprisonment for a period of up to five years.".

1.69. Repeal Article 318-2.

1.70. In Article 322.1 of the word "the citizen or the organization" shall be replaced with words "physical person or legal entity".

1.71. Under Article 328:

1.71.1. In Article 328.1 "considerable" to replace the word with the word of "essential";

1.71.2. Exclude from Article 328.2.1 of the word "or organized group";

1.71.3. Before words "content in disciplinary military unit for a period of up to two years" to add the word to sanctions of Article 328.3 "restriction on military service for a period of up to two years or";

1.71.4. In Item 3 parts "Note" of the word "combat conditions" shall be replaced with words "combat conditions" in the relevant articles of this Chapter".

1.72. State Articles 329 and 330 in the following edition:

"Article 329. Violent acts concerning the subordinate serviceman

329.1. Use of force by the chief concerning the subordinate in case of fulfillment of duties of military service or in connection with accomplishment of such obligations

it is punished by restriction on military service for a period of up to one year or content in disciplinary military unit for a period of up to one year or imprisonment for a period of up to two years.

329.2. Same act:

329.2.1. committed repeatedly;

329.2.2. made concerning two or more persons;

329.2.3. made by group of persons or group of souchastny persons;

329.2.4. made using weapon;

329.2.5. made with intentional damnification of small weight to health of the victim;

329.2.6. made using tortures

it is punished by content in disciplinary military unit for a period of one year up to two years or imprisonment for a period of two up to five years.

329.3. The acts provided by Articles 329.1 and 329.2 of this Code, which intentionally did severe harm to health of the victim or which led to other heavy effects

are punished by imprisonment for a period of three up to eight years.

Article 330. Violent acts concerning the chief

330.1. Use of force or rendering resistance using force concerning the chief, and also the other person who is carrying out obligations of military service in case of accomplishment of the obligations by it on military service or in connection with accomplishment of such obligations

it is punished by restriction on military service for a period of up to two years or content in disciplinary military unit for a period of up to two years or imprisonment for a period of up to two years.

330.2. Compulsion of the chief, and also the other person who is carrying out obligations of military service to violation of service duties using force or threat of use of force in case of accomplishment of the obligations by it on military service or in connection with accomplishment of such obligations during execution of its military service or in connection with accomplishment of such obligations

it is punished by restriction on military service for a period of up to two years or content in disciplinary military unit for a period of up to two years or imprisonment for a period of up to three years.

330.3. The acts provided by Articles 330.1 and 330.2 of this Code:

330.3.1. made by group of persons or group of souchastny persons;

330.3.2. made repeatedly;

330.3.3. made concerning two or more persons;

330.3.4. made using weapon;

330.3.5. made with intentional damnification of small weight to health of the victim

are punished by content in disciplinary military unit for a period of one up to two years or imprisonment for a period of two up to five years.

330.4. The acts provided by Articles 330.1-330.3 of this Code, which intentionally did severe harm to health of the victim or which led to other heavy effects

are punished by imprisonment from three to eight years.

330.5. The acts provided by Articles 330.1-330.4 of this Code, made during war or in combat conditions

are punished by imprisonment for a period of five up to ten years.".

1.73. Repeal Article 331.

1.74. Under Article 332:

1.74.1. In disposition of Article 332.1 of the word "violation if it is connected with humiliation of honor and advantage of the victim or use of force to it" shall be replaced with words "intentional causing little harm to health of the victim as a result of violation";

1.74.2. In the sanction of Article 332.1 shall be replaced with words the word of "two years" "restriction on military service for a period of up to one year or one year";

1.74.3. Add Articles 332.1-1 and 332.1-2 of the following content:

"332.1-1. The requirement of large number of alien property or making of other actions of property nature by it by use of force or threat to the victim with violation of authorized rules of relations between military personnel of urgent active duty or cadets of the special educational institutions training the military personnel

it is punished by content in disciplinary military unit for a period of up to two years or imprisonment for a period of up to two years.

332.1-2. The acts, stipulated in Article 332.1-1 of this Code made for the purpose of acquisition of large quantity of property

are punished by imprisonment for a period of one year up to four years.";

1.74.4. In disposition of Article 332.2 of the word "same acts" shall be replaced with words "the acts provided by Articles 332. 1, 332.1-1 or 332.1-2 of this Code";

1.74.5. In Article 332.2.3 of the word "group of souchastny persons or organized group" shall be replaced with words "or group of souchastny persons";

1.74.6. At the end of Article 332.2.5 to replace dash with semicolon and to add Article 332.2.6 in the following edition:

"332.2.6. made using tortures -";

1.74.7. Before the word "deprivation" to add the word to sanctions of Article 332.2 "restriction on military service for a period of up to two years or content in disciplinary military unit for a period of up to two years", and shall be replaced with words the words "from three" after the words "for term" "from two";

1.74.8. In disposition of Article 332.3 of the word "acts, stipulated in Article 332.2" shall be replaced with words ", the actions provided by Articles 332.1-1, 332.1-2 or 332. 2, done severe harm to health of the victim or brought to others";

1.74.9. In the sanction of Article 332.3 of the word "from five to ten" shall be replaced with words "from three to eight";

1.74.10. Add to Article part "Note" of the following content:

"Note: in Article 332.1-1 of this Code "the considerable size" means the amount more than hundred manats, but not exceeding one thousand manats, and in the article 332.1-2 "large size" means the amount exceeding one thousand manats.".

1.75. Under Article 333:

1.75.1. To state disposition of Article 333.1 in the following edition:

"333.1. Unauthorized leaving of military unit (the special educational institution training the military personnel) either duty stations the serviceman of urgent active duty or the cadet of the special educational institution training the military personnel or not return to military unit (the special educational institution training the military personnel) or the duty station at the scheduled time without valid excuse in case of making more than three days, but no more than ten days -";

1.75.2. In Article 333.2 of the word "unauthorized leaving of military unit by the serviceman who is on military service or to the contract or its not return to the duty station without valid excuse" shall be replaced with words "acts, stipulated in Article 333.1 of this Code";

1.75.3. In disposition of Article 333.3 of the word "person from officers" to replace with the word "officer", to exclude the words "or made within one year repeatedly less than ten days, but more than three days" after the words "no more than one month"";

1.75.4. Before the word "deprivation" to add the word to the sanction of Article 333.4 "restriction on military service for a period of up to two years or content in disciplinary military unit for a period of up to two years or";

1.75.5. Add Article 333.4-1 of the following content:

"333.4-1. The acts provided by Articles 333.1 and 333.3 of this Code committed more than for three months

are punished by imprisonment for a period of three up to seven years.";

1.75.6. In disposition of article 333.6 of figure "333.4" to replace with figures "333.4-1".

1.76. Exclude from disposition of Article 334.1 of the word "unauthorized leaving of military unit or the duty station or not return to the duty station for the term of more than three months".

1.77. State Article 335 in the following edition:

"Article 335. Evasion from accomplishment of obligations of military service

335.1. Temporary evasion of the serviceman from accomplishment of obligations of military service causing any harm to the health, simulation of disease, falsification of documents or other fraudulently

it is punished by restriction on military service for a period of up to one year or content in disciplinary military unit for a period of up to one year.

335.2. The same acts made for the purpose of complete evasion from military service

are punished by restriction on military service for a period of up to two years or content in disciplinary military unit for a period of up to two years.

335.3. The acts provided by Articles 335.1 and 335.2 of this Code, made in wartime or in combat conditions

are punished by imprisonment for a period of three up to five years.".

1.78. Exclude the word "if" from Article 338 disposition. 1, and the words "if can do harm" shall be replaced with words "posing real threat".

1.79. Exclude the word "if" from Article 339 disposition. 1, and the words "if can do harm" shall be replaced with words "posing real threat".

1.80. After the word "causings" to add the word of "essential" to Article 340.1 dispositions.

1.81. Under Article 341:

1.81.1. To state the name of Article 341 and disposition of Article 341.1 in the following edition:

"Article 341. Abuse of ex-officio full powers or abuse of office

341.1. Deliberate use by the chief or official of ex-officio full powers for the purpose of receipt of illegal benefits to or the third parties in connection with accomplishment of service duties or their non-use for the benefit of service or explicit exceeding of limits of office powers, in case of causing essential damage to the rights and legitimate interests of physical persons or legal entities or to the interests of society or state protected by the law -";

1.81.2. Before the word "restriction" to add the word to sanctions of Article 341.1 "penalty at the rate from two thousand to four thousand manats or".

1.82. Under Article 342:

1.82.1. State Article 342.1 in the following edition:

"342.1. Non-execution or improper execution of job responsibilities by the chief or official as a result of the unfair or negligent relation to execution of the service duties, in case of causing essential damage to the rights and legitimate interests of physical persons or legal entities or to the interests of society or state protected by the law

it is punished by penalty in the amount of one thousand five hundred to three thousand manats or restriction on military service for a period of up to two years or imprisonment for a period of up to one year.";

1.82.2. Add Article 342.1-1 of the following content:

"342.1-1. The same acts which led to the death of the victim on imprudence or other heavy effects

are punished by imprisonment for a period of two up to five years.";

1.82.3. In disposition of Article 342.2 of the word "the same acts which led to heavy effects" shall be replaced with words "the acts provided by Articles 342.1 or 342.1-1 of this Code, which led to the death of two or more persons on imprudence".

1.83. To state disposition of Article 347 in the following edition:

"If loss of military property with abuse of regulations of storage of weapon, its component parts, ammunition, explosives and devices, and also the military equipment or other military property provided to the military personnel for office use caused essential damage -".

1.84. Under Article 348:

1.84.1. Exclude from the name of Article of the word "spoil";

1.84.2. To state disposition of Article 348.1 in the following edition:

"348.1. The destruction or damage of weapon, its component parts, ammunition, explosives and devices, military equipment or other military property on imprudence which led to heavy effects -".

1.85. Under Article 349:

1.85.1. To state disposition of Article 349.1 in the following edition:

"349.1. Intentional destruction or damage of weapon, its component parts, ammunition, explosives and devices or military equipment -";

1.85.2. Add Article 349.1-1 of the following content:

"349.1-1. The intentional destruction or damage of other military property, not stipulated in Article 349.1 of this Code which caused significant damage

it is punished by penalty at the rate from one thousand to two thousand manats or restriction on military service for a period of up to one year or content in disciplinary military unit for a period of up to one year, or imprisonment for a period of up to three years.";

1.85.3. In disposition of Article 349.2 of the word "in Article 349.1" shall be replaced with words "in Articles 349.1 or 349.1-1";

1.85.4. Add to Article part "Note" of the following content:

"Note: in Article 349.1-1 of this Code "the considerable amount" means the amount exceeding five thousand manats.".

1.86. Under Article 350:

1.86.1. In disposition of Article 350.1 of the word "caused damage, led to destruction of military equipment or other heavy effects" shall be replaced with words "done harm to small weight", and shall be replaced with words the words "up to two years" in the sanction of Article "up to one year";

1.86.2. Add Article 350.1-1 of the following content:

"350.1-1. The act, stipulated in Article 350.1 of this Code which did severe harm to health of the victim on imprudence or led to other heavy effects

it is punished by restriction on military service for a period of up to two years or content in disciplinary military unit for the same term.";

1.86.3. After the word "act" to add the word of "the stipulated in Article 350.1 Code" to Article 350.2 dispositions.

1.87. Under Article 351:

1.87.1. To state disposition of Article 351.1 in the following edition:

"351.1. The abuse of regulations of driving and operation of fighting or special vehicles or military equipment which did harm of small weight to health of the victim on imprudence -";

1.87.2. In the sanction of Article 351.1 of the word of "two years" shall be replaced with words "one year", the word of "three" - the word of "two";

1.87.3. Add Article 351.1-1 of the following content:

"351.1-1. The act, stipulated in Article 351.1 of this Code which did severe harm to health of the victim on imprudence

it is punished by restriction on military service for a period of up to two years or content in disciplinary military unit for a period of up to two years or imprisonment for a period of up to three years.".

Article 2. Transitional provisions

2.1. This Law becomes effective since June 1, 2020.

2.2. The persons condemned before entry into force of this Law and serving sentence now for acts which are not considered as crime according to article 1 of this Law are exempted from punishment. They, and also the persons who are earlier condemned and served sentence for the acts which are not recognized by this Law crime are considered as persons without criminal record.

2.3. If provision of persons who were condemned before entry into force of this Law and now serve sentence, or served sentence, but have criminal record, improves this Law, these questions, and also questions, the stipulated in Article 2.2 presents of the Law are considered by the court which pronounced sentence, or court in the place of serving sentence by the convict based on representation of penal institution or body or the statement of the convict according to the procedure, provided for execution of sentence or other final judgment by the Code of penal procedure of the Azerbaijan Republic.

2.4. The criminal cases and materials which are in production of courts, bodies of pretrial investigation or inquiry on the acts which are not recognized as crime according to article 1 of this Law stop based on release from criminal liability in connection with entry into force of the new law excluding crime and punishability of act or refuses in in initiation of criminal prosecution and the question of the administrative responsibility for these acts is investigated.

 

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