General provision

SECTION III
ABOUT PUNISHMENT

CHAPTER 9
CONCEPT, PURPOSES OF PUNISHMENT AND KINDS OF PUNISHMENTS

Article 44. Penalty

44.1. The penalty is a monetary collecting appointed by court in circumstances and fine amounts, provided by the present Code.

44.2. The penalty is appointed at a rate of from hundred up to five thousand of nominal financial unit, established by the legislation of the Azerbaijan Republic, in view of seriousness of the crime and a property status of the sentenced.

44.3. The penalty as an additional kind of punishment can be appointed by courts only in the cases provided by appropriate articles of the Especial part of the present Code.

44.4. To persons, who are deliberately evade from payment of the fine, fine can be replaced with public works, corrective works or imprisonment with the certain term.

General provision

SECTION III
ABOUT PUNISHMENT

CHAPTER 9
CONCEPT, PURPOSES OF PUNISHMENT AND KINDS OF PUNISHMENTS

Article 55. Imprisonment on a certain term

55.1. Imprisonment on a certain term consists in isolation of condemned from a society by his premise in establishments of a settlement type, in establishments on serving punishments of the general, strict or special mode or in prison. The persons, condemned to imprisonment, but did not reach eighteen to the moment of removal by court of a decision, shall be located in educational establishments of general or strengthened regime.

55.2. Imprisonment on the certain term is established for the term from three months up to fifteen years.

55.3. In case of replacement of public works, corrective works or restriction of freedom to imprisonment, it can be appointed for the term of and less than three months.

55.4. In case of partial or full addition of terms of imprisonment at assignment of punishments on sets of crimes, the maximal term of imprisonment there can not be more than fifteen years, or twenty years.

''Section III. About punishment Chapter 9. Concept, purposes of punishment and kinds of punishments Article 44. Penalty''

44.1. The penalty is a monetary collecting appointed by court in circumstances and fine amounts, provided by the present Code.

44.2. The penalty shall be fixed at a rate of up to twenty thousand manats or from one-fold to ten-fold amount of damage (gained income), caused as a result of crime with regard to the seriousness of the crime and a property status of the convicted.

44.3. The penalty as an additional kind of punishment can be appointed by courts only in the cases provided by appropriate articles of the Special part of the present Code.

44.4. To persons, who are deliberately evade from payment of the fine, fine can be replaced with public works, corrective works, restraint of freedom () or imprisonment with the certain term. (, , , , , , ).

''Section III. About punishment Chapter 9. Concept, purposes of punishment and kinds of punishments Article 55. Imprisonment on a certain term''

55.1. Imprisonment on a certain term consists in isolation of condemned from a society by his premise a settlement type penitentiary, in establishments on serving punishments of the general, strict or special mode or in prison. The persons, condemned to imprisonment, but did not reach eighteen to the moment of removal by court of a decision, shall be located in educational establishments of general or strengthened regime.

55.2. Imprisonment on the certain term is established for the term from three months up to twenty years.

55.3. In case of replacement of public works, corrective works or restraint of freedom () by imprisonment, it can be appointed also for the term of less than three months.

55.4. In case of partial or full addition of terms of imprisonment at assignment of punishments on sets of crimes, the maximal term of imprisonment there can not be more than twenty years, or twenty five years. (, , , ).

SPECIAL PART

SECTION ELEVEN
SPECIAL PROCEEDINGS

CHAPTER LVIII
PROCEEDINGS CONCERNING THE ENFORCEMENT OF JUDGMENTS AND OTHER FINAL COURT
DECISIONS

Article 506. Obligation of the courts to ensure the timely and proper enforcement of judgments and other final court decisions by the establishments and authorities responsible for sentence enforcement

506.0. A courts which adopts a judgment or other final court decision (or the judge presiding over the hearing at which they are adopted) shall take the following steps :

506.0.1. give immediate instructions for the enforcement of the final judgment or other court decision ;
506.0.2. supervise the timely and proper enforcement of the judgment or other final court decision while examining the relevant applications at court hearings ;
506.0.3. draw the prosecutor’s attention to any instance of failure to enforce a judgment or other final court decision, or attempt to prevent their enforcement, so that criminal proceedings may be brought against the person who fails to enforce it ;
506.0.4. examine applications from the sentenced person and submissions from the establishment or authority enforcing the sentence and settle on its own initiative any doubts or confusion surrounding the enforcement of the judgment or other final court decision ;
506.0.5. exercise the other powers provided for in this Code.

Article 507. Judges’ instructions on the enforcement of judgments and other final court decisions

507.1. The judge’s instructions on enforcement of the judgment or other final court decision shall as a rule be carried out without delay as soon as the relevant judgment or decision becomes final.

507.2. The judge’s instructions to enforce the court’s acquittal of an accused or exempt him from punishment shall be given immediately after the delivery of the judgment. The accused, if present in the courtroom, shall then be immediately released from detention.

507.3. After the delivery of the court judgment, the accused shall be immediately released from detention on remand in the following cases :

507.3.1. if he was convicted, but not sentenced ;
507.3.2. if he was sentenced to deprivation of liberty but that sentence was suspended or deferred ;
507.3.3. if he was sentenced to a penalty not involving deprivation of liberty ;
507.3.4. if he was sentenced to deprivation of liberty for a period not exceeding that for which he was detained either in custody or under a restrictive measure, or the part of the sentence that he served in this criminal case under a decision set aside by the court of appeal or the Supreme Court.

507.4. The judge’s instructions on the enforcement of the judgment or other final court decision shall be sent to the officials of the establishment or authority responsible for enforcement of the judgment or other final decision. A copy of the relevant judgment or other final decision shall be sent with the judge’s instructions.

507.5. When issuing instructions on sentence enforcement, the judge shall also inform the family of the person in detention and sentenced to deprivation of liberty about the enforcement of the judgment.

507.6. If, on account of the judgment, it is necessary to consider depriving the convicted person of a special or military rank, honorary title or state decoration, the judge shall send the relevant submissions and a copy of the court judgment to the authority which conferred the special or military rank, honorary title or state decoration.

Article 508. Duties of officials responsible for the enforcement of judgments or other final court decisions

508.1. The officials of the relevant establishments or authorities shall properly enforce the judgment or other final court decision without delay and immediately inform the judge who issued the instructions that this has been done.

508.2. The officials of the establishment or authority enforcing the sentence shall immediately inform the judge who issued the instructions, as well as the sentenced person’s family, of the place where he is serving his sentence, of any change of location and of his release.

508.3. In accordance with the requirements of Article 508.1 and 508.2 of this Code, any officials of the relevant authorities who evade enforcement of a judgment or other final court decision or fail to enforce it properly shall incur criminal responsibility under the legislation of the Azerbaijan Republic.

Article 509. Guarantee of sentenced persons’ rights during sentence enforcement

509.1. Between the passing of judgment by the court and the completion of the sentence, the sentenced person shall have the right to apply to the court for :

509.1.1. postponement of the sentence ;
509.1.2. release from punishment due to illness or to expiry of the period of sentence enforcement ;
509.1.3. conditional release before completion of the sentence ;
509.1.4. commutation of the part of the sentence not yet served to a less severe penalty ;
509.1.5. change to another type of penal institution or reformatory ;
509.1.6. application of an amnesty or rectification of a failure to apply an amnesty correctly ;
509.1.7. inclusion of a period of custody in a medical institution in the term of the sentence ;
509.1.8. release from imprisonment before completion of the sentence ;
509.1.9. other matters provided for in this Code.

509.2. Applications filed by sentenced persons under Article 509.1 of this Code shall be examined by the court in accordance with Articles 510-520 of this Code.

509.3. During the court’s examination of an application from a sentenced person under Article 509.1 of this Code, the sentenced person and his defence counsel or legal representative shall have the following rights :

509.3.1. to participate in the court hearing ;
509.3.2. to present evidence ;
509.3.3. to file applications and make objections ;
509.3.4. to acquaint themselves with all the documents.

509.4. The legal representative or defence counsel of a minor or person who has physical disabilities or is mentally ill may apply on his behalf to the court regarding the matters provided for in Article 509.1 of this Code relating to enforcement of a judgment or other final court decision. During the examination of such applications, the participation of the legal representative or defence counsel of the person concerned shall be compulsory.