General provision

SECTION III
ABOUT PUNISHMENT

CHAPTER 9
CONCEPT, PURPOSES OF PUNISHMENT AND KINDS OF PUNISHMENTS

Article 57. Life imprisonment

57.1. Life imprisonment is determined only for commitment of serious crimes against the peace and safety of mankind, war crimes, crimes against the individuality, public safety and public order and government.

57.2. Life imprisonment is not appointed to women, persons, which at the moment of commitment of a crime did not reached age of eighteen, and also to the men who have reached to the moment of removal by court of a decision age of sixteen.

57.3. The court, taking into account the valid served period by condemned which is not less than twenty five years' of punishment period in life imprisonment, as well as not committing by condemned a deliberate crime serving punishment and coming to a conclusion about loss of necessity of the further serving of punishment, can replace life imprisonment by imprisonment with the certain term or conditionally - prescheduled to release him from this punishment.

57.4. Punishment as life imprisonment can be replaced with imprisonment for up to fifteen years, according to the article 57.3 of the present Code.

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 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 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 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 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.