decisions of central executive authorities in the previous years, and
application of them in practice, in addition to adoption of new laws and
regulations.
Amendments made to the criminal legislation by the Law on Making of
Amendments to the Criminal Code of the Republic of Azerbaijan, dated
October 20, 2017, of the Republic of Azerbaijan in compliance with the
obligations and provisions specified in this Executive Order have a significant
social importance.
About 300 amendments have been made to this Code; clauses predicting
criminal liability for 15 crimes were removed from the Code; exemption from
the criminal liability is set forth for 22 crimes upon reconciliation with the
crime victim and indemnification of the loss made, for 26 crimes upon
indemnification of the loss made and making of payment to the state budget,
for in 1 or 2 fold of the loss made, and for 2 crimes upon execution of the
court ruling or concluding a labor agreement. For 1 crime, exemption of
persons suffering from drug dependence from criminal liability is predicted
after treatment of these persons by applying mandatory medical remedies.
Also, alternative penalties to imprisonment were included in the sanctions of
158 crimes in the code, and 18 criminal acts were transferred from the
category of less serious crimes to the category of crimes not causing any
serious public danger due to mitigation of the penalty of imprisonment for 36
crimes, 4 criminal acts were transferred from the category of serious crimes to
the category of less serious crimes, and 1 criminal act was transferred from
the category of specially serious crimes to the category of serious crimes.
And the penalty of restriction of freedom, mentioned in the proposals of
the Ombudsman made within the framework of the NPM activity and
stipulating detention of offenders (charged persons) under control in their
places of residence without full isolation of them from the society was also
included in the Criminal Code as an alternative penalty in a new edition.
Restriction of freedom, which is a new penalty type dissimilarly to the
penalty type specified in the criminal code,previously, predicts detention of
the charged persons under control in their places of residence without full
isolation of them from the society. In this case, court restricts movement of
the persons imposed to the penalty of restriction of freedom from their places
of residence (fully or in some hours of a day) or some territorial limits.
From the proposals of the Ombudsman, specified in her annual reports,
and her applications to relevant authorities, ‘prevention of imprisonment with
inclusion of the penalty of restriction of freedom’ in Clause 52-1 of the
Criminal Code; ‘exemption from criminal liability upon reconciliation with
the victim’ in Clause 73; ‘exemption from the criminal liability for crimes
against property’ in Clause 73-1; ‘exemption from the criminal liability in
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