LAW OF THE AZERBAIJAN REPUBLIC

of December 27, 2021 No. 453-VIQD

About modification of 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 (II book), 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 (I book), 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, 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, 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, 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 (I book), Article 1441, No. 10, Article 1972, No. 11, article 2213, No. 12 (I book), Article 2472; 2019, No. 4, Article 586, No. 7, Article 1201, No. 8, Article 1367; 2020, No. 3, Article 223, No. 5, Article 518, No. 7, Article 832, No. 8, Article 1010, No. 11, Articles 1332, 1333; 2021, No. 6 (the I book), Article 541, No. 8, Article 894) to make the following changes:

1.1. in Article 73-2.2 to exclude figures "192-1,";

1.2. in part "Note" of Article 190 to exclude figures "192-1.1, 192-1.2," and "192-1.3.2,";

1.3. repeal Article 192-1;

1.4. state Article 244-1 in the following edition:

"Article 244-1. Organization or carrying out gamblings

244-1.1. The organization or carrying out gamblings, and also the organization or content of the place for carrying out gamblings

are punished by penalty at the rate from five thousand to ten thousand manats or restriction of freedom for a period of up to two years, or imprisonment for a period of up to two years.

244-1.2. Same acts, committed:

244-1.2.1. repeatedly;

244-1.2.2. with use of information Internet resources or information and telecommunication networks;

244-1.2.3. with assumption of participation in gamblings of minors;

244-1.2.4. group of persons by previous concert;

244-1.2.5. with income acquisition in considerable size

are punished by penalty at the rate from ten thousand to fifteen thousand or restriction of freedom for a period of two up to three years, or imprisonment for a period of two up to three years.

244-1.3. The acts provided by Articles 244-1.1 or 244-1.2 of this Code:

244-1.3.1. made by organized group or criminal society (the criminal organization);

244-1.3.2. made with income acquisition in large size

are punished by restriction of freedom for a period of three up to four years or imprisonment for a period of three up to four years.

244-1.4. The acts provided by Articles 244-1.1 - 244-1.3 of this Code made with income acquisition in especially large size

are punished by restriction of freedom for a period of four up to five years or imprisonment for a period of four up to eight years.

Note:

1. In Article 244-1 of this Code "gambling" is implied as games (including rates) which are held concerning money, material and other values (prize) and in which prize depends on uncertainty or surprise.

2. Operation of this article does not extend to the lotteries which are carried out according to the procedure, established by the Law of the Azerbaijan Republic "About lotteries", and to the sports totalizators operating according to the procedure, established by the Law of the Azerbaijan Republic "About physical culture and sport".

3. In Article 244-1.2.5 of this Code "the considerable size" is meant as the amount over fifty thousand manats, but no more than two hundred thousand manats, in Article 244-1.3.2 of this Code "the large size" is meant as the amount over two hundred thousand manats, but no more than five hundred thousand manats, in Article 244-1.4 of this Code "especially large size" is meant as the amount over five hundred thousand manats.

4. Person who made the acts provided by Articles 244-1.2. 5, 244-1.3.2 both 244-1.4 of this Code, and completely transferred income gained as a result of crime into the government budget, are exempted from criminal liability if in addition pays in the government budget the amount in single size of the gained income.

5. Person is exempted from criminal liability according to the procedure, the stipulated in Item 4 presents of "Note", only once.".

Article 2

This Law becomes effective since January 1, 2022.

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