Azerbaijan

Criminal Code of the Azerbaijan Republic

General provision

SECTION II
CRIME

CHAPTER 6
UNCOMPLETED CRIME

Article 27. The completed and uncompleted crimes

27.1. The crime, committed by the person (action or inaction) which contains all grounds of the crime structure provided by the present Code, shall be admitted as completed.

27.2. Preparation for a crime and attempt at a crime shall be admitted as uncompleted crime.

27.3. The criminal liability for the uncompleted crime shall come under article of the present Code providing the responsibility for completed crime, according to articles 28 and 29 present Codes.

Article 28. Preparation to a crime

28.1. As preparation to a crime shall be purchase or manufacturing by a person of means or instruments to committee a crime, looking for accomplices of a crime, arrangement on commitment of a crime or other deliberate creation of conditions for commitment of a crime, if thus a crime was not finished on not dependent on will of this person to circumstances.

28.2. The criminal liability shall be instituted only for preparation of minor serious and especially serious crimes.

Article 29. Attempt to a crime

As attempt at a crime shall be deliberate act (action or inaction) by a persons, directly directed on committing of a crime, if thus the crime was not completed by circumstances not dependent on will of this person.

Article 30. Voluntary refusal from committing a crime

30.1. The termination by the person of preparation for a crime or the termination by the person of act (action or inaction), directly directed on committing a crime, if the person realized an opportunity of completing of a crime up to the end, shall be admitted as voluntary refusal from a crime.

30.2. The person, voluntary and finally refused from completing a crime up to the end shall not be instituted to criminal liability.

30.3. The person who has voluntary refused from completing a crime up to the end, shall be determined to the criminal liability only in the event that the act committed by him contains structure of other crime.

30.4. The organizer and the instigator of a crime shall not be subject to the criminal liability if these persons duly message to authorities or other undertaken measures have prevented completing a crime by executor up to the end. The helper of a crime shall not be instituted to criminal liability, if he has refused from preliminary promised help to the executor prior to the beginning of the acts directly directed on committing a crime or has prevented consequences of already rendered help.

30.5. If actions of organizer or instigator, provided by article 30.4 of the present Code, have not resulted in prevention of committing a crime by the executor, the measures undertaken by them can be recognized as softening circumstances at assignment of punishment by court.

Keywords

Individual criminal responsibility



EDIT.