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LAW OF THE AZERBAIJAN REPUBLIC

of June 22, 2022 No. 553-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

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 (I book), Article 541, No. 8, Article 894, No. 12, Article 1336; the laws of the Azerbaijan Republic of April 26, 2022 No. 516-VIQD and 519-VIQD) to make the following changes:

1. to add Article 99-4.5 after words "of this Code" with figures "137,".

2. state Article 137 in the following edition:

"Article 137. Purchase and sale, illegal donorship and organ and tissue transplantation of the person

137.1. Purchase and sale of bodies and tissues of the person, including donor organs -

it is punished by penalty at the rate from six thousand to nine thousand manats or corrective works for a period of up to two years, or imprisonment for a period of up to three years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that.

137.2. Withdrawal or transplantation of donor organs in the medical institutions which are not entering the list approved by the body (structure) established by relevant organ of the executive authority and out of medical institutions -

are punished by penalty at the rate from ten thousand to fifteen thousand manats or corrective works for a period of up to two years, or imprisonment for a period of up to three years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to two years or without that.

137.3. Withdrawal of donor organ for transplantation without the consent of person or compulsion of person to withdrawal of donor organ in the same purposes -

it is punished by corrective works for a period of up to two years or imprisonment for a period of up to four years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that.

137.4. Withdrawal of donor organ for transplantation at persons at whom withdrawal is forbidden by the Law of the Azerbaijan Republic "About donorship and organ and tissue transplantation of the person" -

it is punished by penalty at the rate from nine thousand to fifteen thousand manats or imprisonment for a period of up to four years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that.

137.5. The acts provided by Articles 137.1-137.4 of this Code:

137.5.1. made repeatedly;

137.5.2. made by the group of persons by previous concert organized by group or criminal consolidation (the criminal organization);

137.5.3. made with use of helpless condition of the victim or with use of its material, job and other dependency from the guilty person -

are punished by imprisonment for a period of three up to five years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that.

137.6. The acts provided by Articles 137.1-137.4 of this Code, which entailed the death of person on imprudence -

are punished by imprisonment for a period of four up to seven years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that.".

3. in Item of 1 part the word "extraction" to replace "Note" of Article 144-1 with the word "withdrawal".

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