General provision
SECTION II
CRIME
CHAPTER 4
PERSONS SUBJECTED TO CRIMINAL LIABILITY
Article 19. General conditions for the criminal liability
To Criminal Liability shall be subjected person, who has mental capacity, committed a crime and reached appropriate age, settled by the present Code.
Article 20. Legal age for determination to criminal liability
20.1. The person who has reached age of 16, to time of committing a crime shall be subjected to the criminal liability.
20.2. The persons who have reached the age of 14, to time of committing a crime, shall be subjected to the criminal liability for deliberate murder, deliberate causing of heavy or less heavy harm to health, kidnapping of the person, rape, violent actions of sexual nature, theft, robbery, extortion, illegal occupation of the automobile or other vehicle without the purpose of plunder, deliberate destruction or damage of property under aggravating circumstances, terrorism, capture of the hostage, hooliganism under aggravating circumstances, plunder or extortion of fire-arms, ammunition, explosives and explosives, plunder or extortion of narcotics or psychotropic substances, reduction unsuitability of vehicles or means of communication.
20.3 - Is excluded by the law of the Azerbaijan Republic from July, 2 2001.
Article 21 Diminished capacity
21.1. The person, who at the time of committing publicly dangerous act (action or inaction), was in a condition of diminished responsibility, and could not realize actual nature and public danger of the acts (actions or inaction) or supervise over them in order to chronic mental disease, timed infringement of mental activity, dementia or other mental disease shall not be subjected to the criminal liability.
21.2. To the person, who has committed publicly dangerous act (action or inaction) in a condition of diminished responsibility, court can appoint the forced measures of medical nature provided by the present Code.
21.3. To the person, who has committed a crime in a condition of legal capacity, but before adopting by court of a decision, he has became emotionally diseased, and depriving opportunity to realize actual nature and public danger of his acts (actions or inaction) or supervise over them, court can appoint forced measures of medical nature as it provided by the present Code.
Article 22. Criminal liability of persons with the mental frustration which is not excluding legal responsibilities
22.1. The person with legal responsibility, who at the time of committing a crime by virtue of mental frustration could not fully realize actual nature and public danger of the acts (action or inaction) or to supervise them, shall be subjected to the criminal liability.
22.2. The mental frustration, which is not excluding responsibilities, shall be taken into account by court at assignment of punishment and can form the basis for purpose of the medical nature forced measures provided by the present Code.
Article 23. Criminal liability for a crime accomplished in a condition of intoxication
The person, who has committed a crime in a condition of intoxication, irrespective of the reasons of intoxication (the use of alcohol, narcotics or other strong substances), shall be not released from the criminal liability.
CHAPTER 5
FAULT
Article 24. Forms of fault
24.1. The person, who has committed a crime (action or inaction) only on deliberate or on imprudence grounds, shall be admitted as guilty.
24.2. Acts (action or inaction), committed on imprudence, shall be admitted as a crime only in cases when it is specially provided by appropriate article of the Especial part of the present Code.
Article 25. Crime, accomplished deliberately
25.1. Crime accomplished deliberately, shall be acts (action or inaction), accomplished with direct or indirect intention admits.
25.2. The crime shall be admitted as committed with direct intention, if the person realized public danger of the acts (action or inaction), expected their publicly dangerous consequences and wished their approach.
25.3. The crime shall be admitted as committed with indirect intention, if the person realized public danger of the acts (action or inaction), expected their socially dangerous consequences, did not wish, but meaningfully supposed these consequences.
Article 26. Crime accomplished on imprudence
26.1. A crime accomplished on imprudence, shall be admitted acts (action or inaction), committed on criminal self-confidence or criminal negligence.
26.2. The crime shall be admitted as committed on criminal self-confidence, if the person expected an opportunity of approach of socially dangerous consequences of the acts (action or inaction), but without the sufficient grounds to that, expected prevention of these consequences.
26.3. The crime shall be admitted as committed on a criminal negligence, if the person did not expect an opportunity of approach of socially dangerous consequence of the acts (action or inaction) though at necessary attentiveness and foresight should and could expect these consequences.
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.
CHAPTER 7
ACCOMPLICE
Article 31. Accomplice
By accomplice in a crime shall be admitted deliberate joint participation of two or more persons in committing a deliberate crime.
Article 32. Kinds of accomplice
32.1. Alongside with the executor as accomplice of a crime shall be admitted also organizer, instigator and helper.
32.2. The person, who have directly committed a crime or directly participating in its committing together with other persons (joint committing), and also the person who has committed a crime by use of other persons, not determined to the criminal liability by virtue of the circumstances provided by the present Code, shall be admitted as the executor.
32.3. The person, who have organized committing of a crime or supervising its execution, and created organized group or criminal community (criminal organization) or supervising them as well, shall be admitted as the organizer.
32.4. The person, who has declined other person to committing a crime by an arrangement, payoff, and threat or in other ways, shall be admitted as the instigator.
32.5. The person assisting by advice, instructions, granting of the information, means or instruments in committing a crime or by removal of obstacles, and also the person, beforehand promising to hide a criminal, means or instruments of fulfillment a crime, traces of a crime or the subjects extracted in the criminal way, and person beforehand promising to get or sell such subjects as well, shall be admitted as the helper.
Article 33. Responsibility of accomplices
33.1. The responsibility of accomplices shall be defined by nature and degree of actual participation each of them in commitment of a crime.
33.2. Co-executors shall be determined by appropriate article of the Especial part of the present Code, for a crime committed by them, without the reference to article 32 of the present Code.
33.3. The organizer, instigator and helper shall be instituted to criminal liability by appropriate article of the Especial part referring to article 32 of the present Code, except for cases when they simultaneously were co- executors of a crime.
33.4. The person who is not special subject of a crime, according to the appropriate article of the Especial part of the present Code, participating in commitment of the crime provide by this article, carries the criminal liability for the given crime as its organizer, instigator or helper.
33.5. In a case of not completing by executor of a crime up to the end on circumstances not dependent on his will, other accomplices shall carry the criminal liability for preparation of a crime or attempt on a crime. Also the person, who on circumstances not dependent on his will, did not manage to decline other persons from commitment of a crime, for preparation of a crime shall carry criminal liability.
Article 34. Commitment of a crime by group of persons, on preliminary arrangement by group of persons, by organized group or criminal community (criminal organization)
34.1. The crime, which is committed by two or more executors in common participated in its commitment without preliminary arrangement, shall be admitted as committed by group of persons.
34.2. The crime, which is committed by two or more persons beforehand agreed about joint commitment of a crime and in common participated in its commitment, shall be admitted as committed on preliminary arrangement by group of persons.
34.3. The crime, which is committed by steady group consisting of two or more persons, beforehand united for commitment of one or several crimes, shall be admitted as committed by organized group.
34.4. Creation of the steady organized criminal group with the purpose of commitment minor serious or serious crimes or steady association of two or more organized criminal groups created in the same purposes shall be admitted as criminal community (the criminal organization).
34.5. The crime, accomplished by a participant (participants) of criminal community (the criminal organization) for implementation of the purposes of this community (organization), and also committed by a person (persons) who is not being the participant (participants) of criminal community (the criminal organization) but committed crime on behalf of this community (organization), shall be admitted as committed by criminal community (the criminal organization).
34.6. The person created organized group either criminal community or supervising them, shall be subjected to the criminal liability for their organization and a management of them in the cases provided by appropriate articles of the Especial part of the present Code, and also for all committed by organized group or criminal community crimes if they were covered by his intention. Other participants of the organized group or criminal community shall carry the criminal liability, for participation in these crimes in the cases provided by appropriate articles of the Especial part of the present Code, and also for crimes, in which they participated in preparation or commitment.
34.7. Creation of the organized group in the cases which have been not provided by articles of the Especial part of the present Code, shall attract to criminal liability for preparation of crimes for which commitment it is created.
34.8. Commitment of acts by group of persons, on preliminary arrangement by group of the persons, by organized group or criminal community (criminal organization) shall attract more strict punishment on grounds and limits provided by the present Code.
Article 35. Commitment of a crime which is not covered by the general intention (excess of an executor).
35.1. Commitment by the executor of the crime, which is out of general intention, and not covered as intention of other accomplices, shall be admitted as an excess of executor.
35.2. Other accomplices shall not be instituted to criminal liability for an excess of the executor.
CHAPTER 8
CIRCUMSTANCES EXCLUDING CRIMINALITY OF ACT
Article 36. Necessary defense
36.1. Causing of harm to encroaching person in condition of necessary defense, that is at protection of life, health and rights of defending or other persons, interests of the state or a society from publicly dangerous encroachment, if the of necessary defense was not out of allowed limits, shall not be admitted as a crime.
36.2. All persons irrespective of their professional or other special preparation and service position shall have right on necessary defense in an equal measure. This right shall be distributed on persons irrespective to an opportunity to address for the help to the state bodies or other persons, and also an opportunity to avoid publicly dangerous encroachment.
36.3. The deliberate actions, which are obviously not appropriate to nature and a degree of public danger of an encroachment, shall be admitted as excess of limits on necessary defense .
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.
Article 38. Emergency
38.1. Causing of harm to objects protected by present Code in condition of emergency, that is for elimination of a danger directly menacing to life, health and rights of a given person or other persons, to interests of a public or state, if in this case this danger could not be eliminated by other means and excess of limits for emergency was not admitted, shall not be instituted as a crime.
38.2. Causing the harm, which is obviously not appropriate to nature and degree of danger and circumstances at which danger was eliminated, when harm was caused equal or more significant to the specified interests, than prevented shall be admitted as excess of limits on emergency. Such excess entails to criminal liability only in case of deliberate causing harm.
Article 39. Grounded risk
39.1. Causing of harm to objects protected by the present Code, at the grounded risk for achievement of socially useful purpose, shall not be instituted as a crime.
39.2. If the specified purpose could not be achieved without risk action (inaction) and a person, who has admitted risk, has taken necessary measures for prevention of harm to objects protected by the present Code, it shall be admitted as grounded risk.
39.3. The risk shall not be admitted as grounded if it was obviously connected to threat life of people, threat of ecological or other accident.
Article 40. Execution of the order or instruction
40.1. Causing of harm to objects protected by the present Code by a person working in the obligatory performance of the order or instruction for him, given according to rules, shall not be instituted as a crime. The criminal liability for causing of such harm shall carry out a person who has given an illegal order or instructions.
40.2. The person, who has committed a deliberate crime by execution of obviously illegal order or instructions, shall carry out the criminal liability in accordance with general grounds.
40.3. Default of illegal order or instruction shall not attract the criminal liability or punishment under the present Code, irrespective of a place of commitment a crime.
Individual criminal responsibility
EDIT.