'Amnesty compatibility' in document 'Azerbaijan - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

SECTION ELEVEN
SPECIAL PROCEEDINGS

CHAPTER LVIII
PROCEEDINGS CONCERNING THE ENFORCEMENT OF JUDGMENTS AND OTHER FINAL COURT
DECISIONS

Article 515. Application of an amnesty to a sentenced person

515.1. An amnesty shall be applied to a sentenced person by the establishment or authority enforcing the sentence, in accordance with the provisions of the amnesty decision.

515.2. Any application by a sentenced person concerning failure to apply an amnesty or failure to apply it correctly shall be examined by the court of first instance in the locality where the sentence is being served, in accordance with the provisions of the amnesty decision and criminal law, and taking into consideration the views of the establishment or authority enforcing the sentence.

RELEVANT ROME STATUTE PROVISIONS

Article 17
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;