'National penalties - maximum penalty' in document 'Azerbaijan - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 100. Planning, preparation, implementation or conducting of aggressive war

100.1. Planning, preparation or implementation of aggressive war
shall be punished by imprisonment for the term from eight up to ten years.

100.2. Conducting of aggressive war
shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

Article 101. Public appeals to implementation of aggressive war

101.1. Public appeals to implementation of aggressive war
shall be punished by restriction of freedom for the term up to three years or imprisonment on the same term.

101.2. The same acts accomplished with use of mass media or official
shall be punished by imprisonment for the term from two up to five years with deprivation of a right to hold a certain posts or to engage in the certain activities for the term up to three years or without it.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 102. Attack on persons or establishments, which use international protection

The attack on representative of the foreign state or employee of the international organization which use international protection, as well as on service, other premises or vehicles of these persons, committed with a view of provocation of war or complication of the international relations â “
shall be punished by imprisonment for the term from five up to ten years.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 103. Genocide

Actions, directed on full or partial destruction of national, ethnic, racial or religious groups by means of killing members of this group, causing serious harm to their health or serious harm to their mental faculties, creations of the vital conditions designed for full or partial physical destruction of members of this group, realization of the actions directed on prevention of birth rate inside group, compulsory transfer of children belonging to one group, to another
shall be punished by imprisonment for the term of from ten till fifteen years or life imprisonment.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 104. Solicitation to commitment of a genocide

Direct and obvious solicitation to commitment of any acts provided by article 103 of the present Code shall be punished by imprisonment for the term from five up to ten years.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 105. Destruction of population

Full or partial destruction of population at absence of attributes of a genocide shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

NOTE : Crimes shall be admitted as crimes against safety of mankind at deliberate acts provided by articles 105-113 of the present chapter, being component to large-scale or regular attacks on civilians in peace time, and military time.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 107. Deportation or forced exile of population

Forced exile of population from lawful places of a settlement to other state or exile by other compulsory actions, without grounds provided by norms of international law and laws of the Azerbaijan Republic shall be punished by imprisonment for the term from ten up to fifteen years.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 108. Sexual violence

Rape, compulsion to prostitution, compulsory sterilization or commitment against persons of other actions connected to sexual violence shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

Article 108-1. Compulsory pregnancy
Came into force by the law of the Azerbaijan Republic from July2, 2001.

Illegal imprisonment of a woman, for forced pregnancy with a view to change ethnic structure of this or another population or accompanying another gross infringements of international law shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 109. Discrimination

Prosecution of any group or organization on political, racial, national, ethnic, cultural, religious motives, motives of a sexual belonging or on grounds of another motive forbidden by norms of international law, that is rough infringement of rights of people for a belonging to these groups or organizations, connected with other crimes against safety of mankind shall be punished by imprisonment for the term of from five till ten years.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 110. Violent keeping of a person

Detention, arrest or kidnapping of a person with the purpose of deprivation of lawful protection on long term under task, support or with consent of the state or political organization and subsequent denying of the fact on imprisonment of a person or refusal giving data about his attendance or place of staying shall be punished by imprisonment for the term from five up to ten years or life imprisonment.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 111. Racial discrimination (apartheid)

111.0. The acts accomplished with a purpose of the organization and maintenance of superiority of one racial group for destroying of other racial group :

111.0.1. denying of a members right of racial group or groups on life and freedom, that is murder of members of racial group or groups, drawing of heavy harm to their health or serious harm to mental faculties, application to them of tortures or reference severe, brutal or humiliating advantage and punishments, as well as any arrest or illegal imprisonment ;
111.0.2. creation for racial group or groups of the living conditions designed for their full or partial physical destruction ;
111.0.3. realization of any legislative or other action with a purpose ,of hindrance to participation of racial group or groups in political, social, economic and cultural life of the country, to development of such group or groups by denying belonging to members of this group or groups of rights and freedom of a person, including a right to work, creation of trade unions, education, departure and entrance to the country, citizenship, a freedom to move and a choose of a residence, idea and word, associations and assemblies ;
111.0.4. implementation of any measures, including legislative, with the purpose of division of a population into racial groups by means of creation of reservoirs and ghetto, prohibitions of mixed marriages between various racial groups, forced take of ground areas belonging to racial group or groups or their members without their consent ;
111.0.5. operation of work of persons belonging to racial group or groups ;
111.0.6. prosecution of organizations and persons opposing apartheid, by means of deprivation of their right and freedom

shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 112. Imprisonment in infringement of international law norms

Arrest or other imprisonment of persons, in infringement of international law norms
shall be punished by imprisonment for the term from five up to eight years.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 113. Application of tortures

Causing of a physical pain or mental sufferings to detained persons or persons, or other restrictions of freedom
shall be punished by imprisonment for the term from seven up to ten years.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 17
WAR CRIMES

Article 116. Infringement of norms of the international humanitarian right during confrontations

116.0. Infringement of norms of the international humanitarian right during confrontations

shall be punished by imprisonment for the term from seven up to fifteen years or life imprisonment.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 17
WAR CRIMES

Article 117. Inactivity or giving of criminal orders during a confrontation

117.1. Deliberate non-use by chief or official of all opportunities within their authorities concerning subordinates for prevention of commitment during a confrontation of crimes provided by articles 115-116 of the present Code
shall be punished by imprisonment for the term from five up to ten years.

117.2. The announcement in fighting zones about intention to not release anybody alive or give to subordinates obviously criminal orders or orders directed on it, or directed on commitment of crimes provided by articles 115-116 of the present Code
shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 17
WAR CRIMES

Article 118. Military robbery

Plunder on a battlefield of killed or wounded person's property (a military robbery)
shall be punished by imprisonment for the term from three up to ten years.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 17
WAR CRIMES

Article 119. Abusing a marks which are under protection

119.1. Use of emblems and distinctive signals of the Red cross or Red half moon as a protective or distinctive mark by persons not having right on it, use of emblems and names of the Red cross or the Red half moon with a view of, which is not compatible to principles of the International movement of the Red cross or the Red half moon, and also use of marks, alike with emblems of the Red Cross or Red half-moon during the military conflict -
shall be punished by imprisonment for the term up to two years.

119.2. Abusing a flag of truce, and also a flag, which has marks or regimentals of the United Nations Organization, including distinctive marks protected by the Geneva conventions of 1949, entailed to death of a victim or causing of heavy harm to his health -
shall be punished by imprisonment for the term from five up to ten years.

ESPECIAL PART

SECTION XI
CRIMES AGAINST STATE POWER

CHAPTER 32
CRIMES AGAINST JUSTICE

Article 286. Impeding to implementation of justice, manufacture of preliminary investigation

286.1. Intervention in any form of court activity with a view of impending to implementation of justice -

is punished by the penalty at a rate from two hundred up to five hundred of nominal financial unit or imprisonment for the term up to two years.

286.2. Intervention in any form to activity of the prosecutor office, inspector or person making inquiry, with a view of impending to objective, full and all-round investigation of case -
is punished by the penalty at a rate from two hundred up to five hundred of nominal financial unit, or public works for the term from hundred fifty up to two hundred forty, or imprisonment for the term about six months.

286.3. The acts provided by articles 286.1 and 286.2 of the present Code, committed by a person with use of the service position -
is punished by the penalty at a rate of from five hundred up to eight hundred of nominal financial unit or with imprisonment for the term up to three years with deprivation of the right to hold the certain posts or to engage in the certain activities for the term up to three years.

ESPECIAL PART

SECTION XI
CRIMES AGAINST STATE POWER

CHAPTER 32
CRIMES AGAINST JUSTICE

Article 287. Attempt on life of a person who is carrying out justice or preliminary investigation

Attempt on life of a judge, jurymen, and also prosecutor, investigator, person making inquiry, defender, expert, judicial supervisor, judicial executor, as well as on their close relatives in connection with disposal of legal proceeding or appropriate materials in court, either manufacture of preliminary investigation or execution of decision or other judicial action, committed with a view of hindrance lawful activity of a specified persons or from revenge for such activity -
is punished by imprisonment for the term from twelve up to fifteen years.

ESPECIAL PART

SECTION XI
CRIMES AGAINST STATE POWER

CHAPTER 32
CRIMES AGAINST JUSTICE

Article 288. Threat or violent actions in connection with implementation of justice or manufacture of preliminary investigation

288.1. Threat murder, causing of harm to health, destruction or damage of property concerning a judge, jurymen, as well as on their close relatives in connection with disposal of legal proceeding or appropriate materials in court -
is punished by the penalty at a rate from one up to three thousand of nominal financial unit or imprisonment for the term from two up to five years.

288.2. The same act committed concerning prosecutor, investigator, person making inquiry, defender, expert, judicial supervisor, judicial executor, as well as on their close relatives in connection with disposal of legal proceeding or appropriate materials in court, either manufacture of preliminary investigation or execution of decision or other judicial actions -
is punished by the penalty at a rate from five hundred up to one thousand of nominal financial unit or imprisonment for the term up to three years.

288.3. The acts provided by articles 288.1 or 288.2 of the present Code, committed with application of the violence not dangerous to life or health -
is punished by imprisonment for the term from three up to five years.

288.4. The acts provided by articles 288.1 or 288.2 of the present Code, committed with application of the violence dangerous to life or health -
is punished by imprisonment for the term from five up to ten years.

ESPECIAL PART

SECTION XI
CRIMES AGAINST STATE POWER

CHAPTER 32
CRIMES AGAINST JUSTICE

Article 289. Disrespect to court

289.1. Disrespect to court, insult of participants of proceeding -
is punished by the penalty at a rate up to three hundred of nominal financial unit or public works for the term of from hundred sixty up to two hundred hours, or imprisonment for the term about six months.

289.2. The same act committed concerning judge or jurymen -
is punished by the penalty at a rate from three hundred up to five hundred of nominal financial unit, or corrective works for the term up to two years, or imprisonment for the term about six months.

ESPECIAL PART

SECTION XI
CRIMES AGAINST STATE POWER

CHAPTER 32
CRIMES AGAINST JUSTICE

Article 293. Compulsion to evidence

293.1. Compulsion suspected, accused, suffering, witness to evidence at interrogation, and also expert to a summer residence of conclusion by application of threats, blackmail, humiliation of advantage or other illegal actions by prosecutors office, investigator or person making inquiry, or at their instigation -
is punished by imprisonment for the term up to three years.

293.2. The same act committed with application of torture -
is punished by imprisonment for the term from five up to ten years.

ESPECIAL PART

SECTION XI
CRIMES AGAINST STATE POWER

CHAPTER 32
CRIMES AGAINST JUSTICE

Article 294. Falsification of proofs

294.1. Falsification of proofs on a civil case by person participating in case, or his representative -
is punished by the penalty at a rate of from five hundred up to one thousand of nominal financial unit, or corrective works for the term from one year up to two years, or imprisonment for the term about six months.

294.2. Falsification of proofs on criminal case by a person making inquiry, investigator, prosecutor or defender -
is punished by imprisonment for the term up to three years with deprivation of the right to hold the certain posts or to engage in the certain activities for the term up to three years.

294.3. Falsification of proofs on criminal case on minor serious or serious crimes, as well as falsification of proofs on other cases, entailed heavy consequences -
is punished by imprisonment for the term from five up to seven years with deprivation of the right to hold the certain posts or to engage in the certain activities for the term up to three years.

ESPECIAL PART

SECTION XI
CRIMES AGAINST STATE POWER

CHAPTER 32
CRIMES AGAINST JUSTICE

Article 297. Obviously false testimonies, conclusions of expert or wrong translation

297.1. Obviously false testimonies of witness, victim or obviously false conclusion of expert, as well as obviously wrong translation in court or by manufacture of preliminary investigation -
is punished by the penalty at a rate from five hundred up to one thousand of nominal financial unit, or public works for the term from hundred sixty till two hundred hours, or corrective works for the term from one year up to two years, or restriction of freedom for the term up to two years, or imprisonment for the term about six months.

297.2. The same acts connected to accusation of a person in commitment of minor serious or serious crime -
is punished by imprisonment for the term from two up to six years.

NOTE : 1. The persons provided in article 297.1 of the present Code shall be released from a criminal liability, if they voluntary during inquiry, preliminary investigation or proceeding before judgment or decisions of court, have declared about false indications given by them, conclusion or obviously wrong translation.
2. The person, given obviously a false testimony against wives (husband), children, parents and other close relatives which circle is determined by the legislation if he was forced to testify against the specified persons shall be not subject to the criminal liability.

ESPECIAL PART

SECTION XI
CRIMES AGAINST STATE POWER

CHAPTER 32
CRIMES AGAINST JUSTICE

Article 299. Payoff money or compulsion to evasion from testifying, obviously false testimonies or conclusions or wrong translation

299.1. The payoff money of witness who has suffered with a view of giving by them of false testimonies or expert with a view of giving by him of the false conclusion or false testimonies, as well as translator with purpose of wrong translation -
is punished by the penalty at a rate from five hundred up to one thousand of nominal financial unit, or public works for the term from hundred eighty up to two hundred forty hours, or corrective works for the term up to two years, or imprisonment for the term a bout six months.

299.2. Compulsion of witness who has suffered from giving false testimonies, expert from giving false conclusion or translator to wrong translation, as well as compulsion of specified persons to evasion from evidence, connected with blackmail, threat murder, causing of harm to health, destruction or damage of property of these persons or their close relatives -
is punished by the penalty at a rate of from one up to three thousand of nominal financial unit or imprisonment for the term up to three years.

299.3. The acts provided by article 299.2 of the present Code, committed with application of violence not dangerous to life or health of specified persons -
is punished by imprisonment for the term from two up to five years.

299.4. The acts provided by articles 299.1 or 299.2 of the present Code, committed by organized group or with application of violence dangerous to life or health of specified persons -
is punished by imprisonment for the term from three up to seven years.