'Preparation' in document 'Azerbaijan - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General provision

SECTION II
CRIME

CHAPTER 6
UNCOMPLETED CRIME

Article 27. The completed and uncompleted crimes

27.2. Preparation for a crime and attempt at a crime shall be admitted as uncompleted crime.

General provision

SECTION II
CRIME

CHAPTER 6
UNCOMPLETED CRIME

Article 28. Preparation to a crime

28.1. As preparation to a crime shall be purchase or manufacturing by a person of means or instruments to committee a crime, looking for accomplices of a crime, arrangement on commitment of a crime or other deliberate creation of conditions for commitment of a crime, if thus a crime was not finished on not dependent on will of this person to circumstances.

28.2. The criminal liability shall be instituted only for preparation of minor serious and especially serious crimes.

General provision

SECTION II
CRIME

CHAPTER 7
ACCOMPLICE

Article 34. Commitment of a crime by group of persons, on preliminary arrangement by group of persons, by organized group or criminal community (criminal organization)

34.7. Creation of the organized group in the cases which have been not provided by articles of the Especial part of the present Code, shall attract to criminal liability for preparation of crimes for which commitment it is created.

General provision

SECTION III
ABOUT PUNISHMENT

CHAPTER 10
ASSIGNMENT OF PUNISHMENT

Article 63. Assignment of punishment for uncompleted crime

63.1. At assignment of punishment for uncompleted crime, circumstances by virtue of which the crime was not finished shall be taken into account.

63.2. Term or measure of punishment for crime preparation can not exceed half of maximal limit, for a most strict kind of the punishment provided by appropriate article of the Especial part of the present Code, for a finished crime.

63.3. Term or measure of punishment for attempt at a crime can not exceed three quarters of the maximal limit, for a most strict kind of the punishment provided by appropriate article of the Especial part of the present Code, for a finished crime.

63.4. Life imprisonment, for preparation of a crime and attempt at a crime, shall not be appointed.

RELEVANT ROME STATUTE PROVISIONS

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.