During the reception of detainees, as well as carried out investigations it
was determined that the representations on choosing the arrest measure with
regard the persons accused by the investigation bodies upon the criminal
cases covered minors, women, aged persons, as well as ill persons from the
standpoint of large number in comparison with other groups of population.
The long-term conduction of investigation of criminal cases in the many of
cases was the matter in the focus of attention.All these, choosing the restraint
method of arrest, several times prolongation of its term cause to overcrowding
in the investigation isolator, difficulties regarding the detention conditions,
increasing inclination among juveniles to criminal behavior and spending of
sufficient state amounts. This puts forward wider application of alternative
restraint measures.
Therefore, application of the Executive Order effectively will also
contribute to Juvenile Justice Reforms in the country, addressed to juveniles.
Taking of Juvenile Justice Principles into consideration in the work process is
also important in terms of implementation of a range of recommendations
made by the UN Committee on Children’s Rights of the Sub-Committee on
Prevention of Torture and other international organizations to the country.
These actions will also serve to realization of the rights of crime victims
and the government’s interests, in addition to reduction of the work load of
the investigation-court system and overloading of prisons.
Causes of crimes should be carefully and comprehensively analyzed and
comprehensive criminological researches should be conducted in order to
prevent the cases motivating crimes among individuals, which is very
important in terms of prevention of criminality. In the implementation process
of preventive actions, training of social workers and psychologists and their
involvement into this activity may also be useful.
The initiative of drafting of laws for decriminalization of crimes, in
particular crimes in the economic activity sphere is also a successful step for
humanizing of the penal policies of Azerbaijan.
Today, offences not addressed to the life and health of individuals and the
foundations of the governmental structure and causing to violation of
economic and property rights in the globalizing world leaves the influential
circle of the penal law and enters the influential and regulation circles of the
civil law and administrative law. The acts determined and specified as a crime
in the penal laws and regulations of specific countries are removed from such
laws and regulations, which creates new tendencies in the criminal execution
practices.
Practice shows that the violations committed in the economic activity
sphere while legal reforms are not considered a crime if the damage made is
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