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LAW OF THE AZERBAIJAN REPUBLIC

of November 29, 2022 No. 641-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:

Add the Criminal code of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2000, No. 4 (volume II), the Art. 251, No. 5, the Art. 323, No. 12, Art. 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, Articles 398, No. 6, Articles 560, 562, 579, No. 8, Articles 757, No. 10, Articles 937, 941, No. 11, Articles 1049, 1080, 1090, No. 12, Articles 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, Art. 253, No. 6, Art. 472, No. 7, Art. 587, 601, 621, No. 11, Art. 980, No. 12, Art. 1093; 2012, No. 2, Art. 45, No. 3, Art. 193, 196, No. 7, Art. 666, 669, 673, No. 11, Art. 1068, No. 12, Art. 1223; 2013, No. 1, Art. 14, No. 2, Art. 102, No. 4, Art. 364, No. 5, Art. 459, 479, 481, No. 6, Art. 594, 600, No. 11, Art. 1264, 1286, 1312, No. 12, Art. 1492; 2014, No. 2, Art. 89, 95, No. 4, Art. 327, No. 6, Art. 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, Art. 161, No. 3, Art. 330, No. 5, Art. 694, 697, 700, 702, 733, No. 7, Art. 1268, 1271, 1293, No. 11, Art. 1968, 1978, No. 12 (I book), Article 2231; 2018, No. 3, Art. 403, No. 5, Art. 861, No. 6, Art. 1154, No. 7 (volume I), Art. 1441, No. 10, Art. 1972, No. 11, Art. 12 (book I), Article 2472; 2019, No. 4, Art. 586, No. 7, Art. 1201, No. 8, Art. 1367; 2020, No. 3, Art. 223, No. 5, Art. 518, No. 7, Art. 832, No. 8, Art. 1010, No. 11, Art. 1332, 1333; 2021, No. 6 (Book I), Art. 541, No. 8, Art. 894, No. 12, Art. 1336; 2022, No. 5, Articles 434, 437, No. 7, Articles 703, No. 8, Articles 821, 828) Articles 83.1-1, 99-5.5 and 99-10 of the following content:

"83.1-1. When obtaining during criminal prosecution of information on the criminal record which arose based on the judgment of foreign state, in the territory of which the act recognized as crime by the legislation both the Azerbaijan Republic, and foreign state and the recognition of the corresponding sentence according to the procedure established by the law in the Azerbaijan Republic was made, this criminal record also it is considered in case of in case of recurrence of crimes and in case of assignment of punishment.";

"99-5.5. In case of repeated purpose of criminal legal measure in the form of penalty or deprivation of the right to be engaged in certain activities to the legal entity to whom the criminal legal measure was applied earlier the criminal legal measure below average of the lower and upper limits of the criminal legal measures provided by Articles 99-6.3 and 99-7.2 of this Code respectively cannot be appointed.";

Article 99-10. The term necessary for recognition of the legal entity earlier not subjected to criminal legal measure

99-10.1. The legal entity is considered not subjected to criminal legal measure in the following cases:

99-10.1.1. after one year from the date of completion of execution by the legal entity of criminal legal measure for the crime which is not creating big public danger;

99-10.1.2. after two years from the date of completion of execution by the legal entity of criminal legal measure for less serious crime;

99-10.1.3. after six years from the date of completion of execution by the legal entity of criminal legal measure for serious crime;

99-10.1.4. after eight years from the date of completion of execution by the legal entity of criminal legal measure for especially serious crime.".

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