Jurisdiction

Azerbaijan

Azerbaijan - Criminal Code (EN) 1999

General provision

Section I
Criminal Legislation

CHAPTER 2
ACTION OF THE CRIMINAL LAW

Article 11. Implementation of the criminal law on the persons who have committed a crime on the territory of the Azerbaijan Republic

11.1. The person, who has committed a crime on the territory of the Azerbaijan Republic, shall be applied to the criminal liability by the present Code. The crime, which has begun, proceeded, or terminated on territory of the Azerbaijan Republic, shall be admitted as crime committed on the territory of the Azerbaijan Republic.

11.2. The crime committed on territorial waters of the Azerbaijan Republic, on sector of Caspian sea (lake) which belongs to the Azerbaijan Republic, on air space above the Azerbaijan Republic and its economic zone, shall be admitted as crime committed on the territory of the Azerbaijan Republic.

11.3. The person, who has committed a crime on a water or air vessel, which are attributed to air or to seaport of the Azerbaijan Republic, implemented on water or air space outside of limits of the Azerbaijan Republic, flying under the flag or a recognition symbol of the Azerbaijan Republic, shall be instituted to the criminal liability by the present Code.

11.4. The person, who has committed a crime on a ship, which belong to military fleet or military - air forces of the Azerbaijan Republic, shall be instituted to criminal proceedings under the present Code, irrespective to the location of this ship.

11.5. The question on the criminal liability of diplomatic representatives of the foreign states and other citizens which use immunity, in case of committing by these persons of a crime on the territory of the Azerbaijan Republic shall be implemented according to the norms of international law.

General provision

Section I
Criminal Legislation

CHAPTER 2
ACTION OF THE CRIMINAL LAW

Article 12. Implementation of the criminal law concerning the persons who have committed a crime out of border of the Azerbaijan Republic

12.1. Citizens of the Azerbaijan Republic and persons constantly living on the Azerbaijan Republic without the citizenship, who have committed action (action or inaction) out of border of the Azerbaijan Republic, shall be instituted to the criminal liability under the present Code, if this action is recognized as a crime in the Azerbaijan Republic and in the state on the territory of which it was committed, and if these persons were not condemned in the foreign state.

General provision

Section I
Criminal Legislation

CHAPTER 2
ACTION OF THE CRIMINAL LAW

Article 12. Implementation of the criminal law concerning the persons who have committed a crime out of border of the Azerbaijan Republic

12.2. Foreigners and persons without the citizenship, committed a crime outside of limits of the Azerbaijan Republic, shall be instituted to criminal proceedings under the present Code, in cases, if the crime shall be directed against the citizens of the Azerbaijan Republic, interests of the Azerbaijan Republic, and also in the cases, stipulated by international agreements to which the Azerbaijan Republic is a party, if these persons were not condemned in the foreign state.

General provision

Section I
Criminal Legislation

CHAPTER 2
ACTION OF THE CRIMINAL LAW

Article 12. Implementation of the criminal law concerning the persons who have committed a crime out of border of the Azerbaijan Republic

12.3. Citizens of the Azerbaijan Republic, foreigners and persons without the citizenship, who have committed crimes against the peace and mankind, war crimes, terrorism, financing of terrorism, stealing of an air ship, capture of hostages, torture, a sea piracy, illegal circulation of narcotics and psychotropic substances, manufacturing or sale of false money, attack on persons or the organizations using the international protection, the crimes connected to radioactive materials, and also other crimes, punish of which stipulated in international agreements to which the Azerbaijan Republic is a party, shall be instituted to criminal liability and punishment under the Present Code, irrespective of a place of committing a crime.

General provision

Section I
Criminal Legislation

CHAPTER 2
ACTION OF THE CRIMINAL LAW

Article 12. Implementation of the criminal law concerning the persons who have committed a crime out of border of the Azerbaijan Republic

12.4. Military men of military units of the Azerbaijan Republic included in peace forces, for the crimes, committed outside of limits of the Azerbaijan Republic, shall be instituted to criminal proceedings under the present Code, unless it is not stipulated by the international agreements to which Azerbaijan Republic is a party.

General provision

Section I
Criminal Legislation

CHAPTER 2
ACTION OF THE CRIMINAL LAW

Article 13. Distribution of the persons who have committed a crime

13.1. The citizens of the Azerbaijan Republic, who have committed a crime on the territory of the foreign state, shall not be applied to distribution to the foreign state. The question of attraction of these persons to the criminal liability shall be solved according to the article 12 of the present Code.

13.2. Foreigners and persons without the citizenship, who have committed a crime outside of limits of the Azerbaijan Republic and living on the territory of the Azerbaijan Republic, can be distributed to the foreign state for instituting to the criminal liability or servings of punishment according to international agreements to which the Azerbaijan Republic is a party.

13.3. If the persons, who have committed a crime outside of limits of the Azerbaijan Republic, shall not distributed out to the foreign state, and this action (action or inaction) is admitted as a crime according to the present Code, they shall be instituted to criminal proceedings in the Azerbaijan Republic.

13.4. If the international agreements, to which the Azerbaijan Republic is a party, establish other regulations about distribution of the persons who have committed a crime, then the international agreements shall be appreciated.

Azerbaijan - Criminal Code 1999 (amend 2018) (EN)

''Chapter 2. Action of the criminal law Article 11. Implementation of the criminal law on the persons who have committed a crime on the territory of the Republic of Azerbaijan''
11.1. The person, who has committed a crime on the territory of the Republic of Azerbaijan, shall be applied to the criminal liability by the present Code. The crime, which has begun, proceeded, or terminated on territory of the Republic of Azerbaijan, shall be admitted as crime committed on the territory of the Republic of Azerbaijan.

''Chapter 2. Action of the criminal law Article 12. Implementation of the criminal law concerning the persons who have committed a crime out of border of the Republic of Azerbaijan''
12.1. Citizens of the Republic of Azerbaijan and persons constantly living on the Republic of Azerbaijan without the citizenship, who have committed action (action or inaction) out of border of the Republic of Azerbaijan, shall be instituted to the criminal liability under the present Code, if this action is recognized as a crime in the Republic of Azerbaijan and in the state on the territory of which it was committed, and if these persons were not condemned in the foreign state.
12.1-1. If the citizens of the Republic of Azerbaijan and stateless persons permanently residing in Azerbaijan Republic, have not been convicted in a foreign state for committed by them corruption-related crime and other crime against the interests of the service outside the Republic of Azerbaijan, they are subject to criminal liability under this Code.

''Chapter 2. Action of the criminal law Article 12. Implementation of the criminal law concerning the persons who have committed a crime out of border of the Republic of Azerbaijan ''

12.2. Foreigners and stateless persons, committed a crime outside of limits of the Republic of Azerbaijan, shall be instituted to criminal proceedings under the present Code, in cases, if the crime shall be directed against the citizens of the Republic of Azerbaijan, interests of the Republic of Azerbaijan Republic, and also in the cases, stipulated by international agreements to which the Republic of Azerbaijan is a party, if these persons were not condemned in the foreign state.

''Chapter 2. Action of the criminal law Article 12. Implementation of the criminal law concerning the persons who have committed a crime out of border of the Republic of Azerbaijan''
12.2-1. If foreigners and stateless persons committed corruption-related crimes and other crimes against interests of service outside of Azerbaijan Republic with participation of citizens of Azerbaijan Republic, which are officials of international organizations, members of international parliamentary assemblies, officials and judges of international courts, and have not been convicted for this crime in a foreign state, they are subject to criminal liability under this Code.

''Chapter 2.Action of the criminal law Article 12. Implementation of the criminal law concerning the persons who have committed a crime out of border of the Republic of Azerbaijan''
12.4. Military men of military units of the Republic of Azerbaijan Republic included in peace forces, for the crimes, committed outside of limits of the Republic of Azerbaijan Republic, shall be instituted to criminal proceedings under the present Code, unless it is not stipulated by the international agreements to which Republic of Azerbaijan Republic is a party.

''Chapter 2. Action of the criminal law Article 13. Surrender of persons, committing crimes (extradition)''

13.1. The citizens of the Republic of Azerbaijan, who have committed a crime on the territory of the foreign state, shall not be applied to distribution to the foreign state. The question of attraction of these persons to the criminal liability shall be solved according to the article 12 of the present Code.

''Article 13. Surrender of persons, committing crimes (extradition) Chapter 2. Action of the criminal law''

13.4. If the international agreements, to which the Republic of Azerbaijan Republic is a party, establish other regulations about distribution of the persons who have committed a crime, then the international agreements shall be appreciated. (3,10).

Azerbaijan - Criminal Procedure Code (EN) 2000

General Part

FIRST SECTION
Main Provisions

Chapter I
Legislation on criminal procedure

Article 3. Territorial scope of legislation on criminal procedure

3.1. The legislation on criminal procedure of the Azerbaijan Republic shall be in force throughout the territory of the Azerbaijan Republic without limitation, apart from the exceptions provided for in Articles 3.3 and 3.4 of this Code.

3.2. The provisions of legislation on criminal procedure shall be applied outside the territory of the Azerbaijan Republic at sea, on waterways and in the air, on vessels flying the flag or national emblems or registered in its ports.

3.3. The application of the other rules governing the territorial scope of the legislation on criminal procedure of the Azerbaijan Republic may be determined by the international agreements to which Azerbaijan is a signatory.

3.4. Application of the rules of criminal procedure of foreign countries in the territory of the Azerbaijan Republic shall be possible only if provided for in the international agreements to which the Azerbaijan Republic is a signatory and in cases where there is no conflict with the requirements and principles of criminal procedure in the Azerbaijan Republic.

General Part

FIRST SECTION
Main Provisions

Chapter I
Legislation on criminal procedure

Article 5. Legislation on criminal procedure as it relates to foreign citizens and stateless persons

5.1. Criminal procedure relating to foreign citizens or stateless persons who are suspected or accused of committing an offence shall be carried out in accordance with the provisions of the legislation on criminal procedure of the Azerbaijan Republic.

General Part

FIRST SECTION
Main Provisions

Chapter I
Legislation on criminal procedure

Article 6. Compliance with the requirements of legislation on criminal procedure

6.1. The provisions of the legislation on criminal procedure of the Azerbaijan Republic shall be binding on all individuals and legal entities in the territory of the Azerbaijan Republic.

6.2. Failure to comply with the requirements of the legislation on criminal procedure of the Azerbaijan Republic shall entail liability in the cases determined by the legislation of the Azerbaijan Republic.

Rome Statute

Article 11 Jurisdiction ratione temporis

1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.

2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.

Article 12 Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b) The State of which the person accused of the crime is a national.

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.

Article 13 Exercise of jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:

(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;

(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or

(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.