'Unique provision - defences' in document 'Azerbaijan - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General provision

SECTION II
CRIME

CHAPTER 8
CIRCUMSTANCES EXCLUDING CRIMINALITY OF ACT

Article 37. Causing harm at detention of the person who have committed a crime

37.1. Causing of harm at detention of the person, who has committed a crime for bringing in by proxy authorities or on suppressions of an opportunity to commit new crimes by him, if use with the given purpose of all different ways of influence has not given necessary results and in this order was not admitted excess of measures necessary for it, shall not be instituted as a crime.

37.2. Excess of the measures necessary for detention of a person, which has committed a crime, obvious discrepancy of means and ways of detention to a degree of act of public danger and person who have made it, and also to circumstances of detention when obviously excessive harm is
needlessly caused to admitted person. Such excess entails a criminal liability only in case of deliberate causing of harm.