indemnified or individuals committing such acts are mostly charged to
liability in the civil order.
While this tendency is due to humanization of the penal policies on one
hand, it may also be explained with attempts for activation of the economic
and financial lives of specific countries from the other side. Such
decriminalization in the context of application of such actions as financial
amnesty may also be taken as a positive initiative from the economic
perspective. A complete indemnification of any loss made and lost profits as a
result of crimes and committing of such a violation first time may be
considered as an adequate ground for exemption of this person from criminal
liability and generally not considering this act a crime. Inclusion of the issues
of exemption from the criminal liability in lawif the made loss is indemnified
not only until the count hearing, but also in the period after issuance of the
court ruling may considerably contribute to the reforms being made.
When noting the court practice here, the issue of application of arrest and
imprisonment as a last resort and proportionality of penalties to committed
crimes are among the factors requiring a fundamental approach. In addition to
these, being of imposing of penalties as social works generally formal was
also accompanied with some misconduct. The Executive Order includes
adoption of a draft law setting forth arrangement of an accurate registration of
the persons serving to their penalties in the form of social works, prevention
of evasion from these works and keeping of an accurate registration of the
work time, and liability for officials for enabling penalized persons to evade
from serving to their penalties in the form of social works, which is important
in terms of filling of arising gaps. Timely preparation and regularly updating
and submission of of necessary lists of workplaces by local executive
authorities are also among the important issues that need attention.
Also, in draft laws to be developed by relevant authorities to humanize the
penal policies, review of the penalty of restriction of freedom, specified in the
criminal law previously, and updating of this penalty on the basis of
international practices and editing it may also significantly contribute to
improvement of the country’s practices in terms of alternative penalty
reforms.
The mentioned important Executive Order also provides wide opportunities to reach international standards, including the European Penitentiary
Rules in terms of reforms in the national legislation on the basis of
comprehensive legal reforms and further improvement of protection of the
rights, and the detention conditions of those detained penitentiary facilities.
An active participation of the Ombudsman in these processes as an NPM
enabled making of amendments to the Criminal Code, Criminal Procedural
Code and Penal Execution Code of the Republic of Azerbaijan and to
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