Azerbaijan

Criminal Code of the Azerbaijan Republic

General provision

SECTION III
ABOUT PUNISHMENT

CHAPTER 10
ASSIGNMENT OF PUNISHMENT

Article 59. Circumstances mitigating punishment

59.1. Circumstances softening punishment shall be following :

59.1.1. commitment for the first time, owing casual coincidence of circumstances, a crimes which are not representing big public danger or less serious crimes ;
59.1.2. commitment of a crime by the minor ;
59.1.3. commitment of a crime by the pregnant woman ;
59.1.4. presence of dependent on the person, who have committed a crime, of a juvenile child ;
59.1.5. commitment of a crime by virtue of confluence at heavy vital circumstances or on motive of compassion ;
59.1.6. commitment of a crime as a result of physical or mental compulsion or by virtue of material, service or other dependence ;
59.1.7. commitment of a crime at infringement of conditions on legitimacy of necessary defense, detention of the person who has made socially dangerous act, emergency, proved risk, execution of the order or instructions ;
59.1.8. commitment of a crime owing to illegal or immoral actions of the victim or in a condition of suddenly arisen strong emotional excitement (affect) caused by such actions ;
59.1.9. to give him self up and to confess , active actions on disclosing of a crime, exposure of other accomplices of a crime, to search and detection of the property extracted as a result of a crime ;
59.1.10. rendering of medical and other help to the victim after direct r commitment of a crime, voluntary compensation or elimination of the material and moral harm, caused as a result of a crime, attempt to come to consent with the victim, other actions directed on smoothing down of harm, caused to the victim.

59.2. At assignment of punishment can be taken into account as mitigating circumstances, which have been not provided by articles 59.1.1-59.1.10 of the present Code.

59.3. If mitigating circumstance is provided by appropriate article of the Especial part of the present Code as an attribute of a crime, it repeatedly can not be taken into account at assignment of punishment.

Article 60. Assignment of punishment at presence of mitigating circumstances

At presence of the circumstances mitigating punishment, as it is provided by articles 59.1.9 and 59.1.10 of the present Code, and absence of aggravating circumstances, term or measure of punishment can not exceed three quarters of a limit of more strict kind of the punishment, provided by appropriate article of the Especial part of present code.

Keywords

Mitigating factors - national proceedings



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