'Multiplicity of criminal offences' in document 'Azerbaijan - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General provision

SECTION II
CRIME

CHAPTER 3
CONCEPT OF THE CRIME AND CLASSIFICATION OF CRIMES

Article 17. Set of crimes

17.1. Set of crime forms shall include two or more crimes, provided by various articles of the present Code, and if a person was not condemned or released from the criminal liability on the lawful grounds for committed crimes, and also if time for attraction to criminal liability on one of these crimes have not expired.

17.2. Committing by one action (inaction) of two or more crimes, provided by two or more articles of the present Code, forms ideal set of crimes.

17.3. At set of crimes the person shall institutes the criminal liability for each crime under appropriate article of the present Code.

17.4. If the crime shall be provided by the general and special norms of the Especial part, then set of crimes shall be admitted as absent and criminal liability comes on special norm.

General provision

SECTION III
ABOUT PUNISHMENT

CHAPTER 10
ASSIGNMENT OF PUNISHMENT

Article 66. Assignment of punishment on set of crimes

66.1. At set of crimes for each committed crime shall be appointed separate punishment and by absorption of less strict punishment to more strict or by full or partial addition of the appointed punishments shall be appointed final punishment.

66.2. If the crimes accomplished on set, are only the crimes which are not representing big public danger, final punishment shall be appointed by absorption of less strict punishment to more strict or by full or partial addition of punishments. Thus final punishment can not exceed the maximal limit of the punishment provided for serious committed crimes.

66.3. If even one of crimes accomplished on set, is less serious, minor serious or serious crime final punishment shall be appointed by full or partial addition of punishments. Thus final punishment as imprisonment can not exceed fifteen years.

66.4. At set of crimes the additional kinds of punishments established by appropriate articles of the Especial part of the present Code, for these crimes, can be attached to the basic kinds of punishments. Final additional punishment at full or partial addition of punishments can not exceed the maximal limit provided for the given kind of punishment by the General part of the present Code.

66.5. Punishment shall be appointed by the same rules, if after appointment by court of a decision on case will be established, that condemned is guilty also in other crime, accomplished by him before judgment was adopted. In this case, served time on the first decision of court shall be set off as final punishment.