Azerbaijan

Criminal Code of the Azerbaijan Republic

General provision

SECTION IV
RELEASE FROM CRIMINAL LIABILITY AND PUNISHMENT

CHAPTER 12
RELEASE FROM PUNISHMENT

Article 76. Conditional - prescheduled release from serving a punishment

76.1. If the court will come to a conclusion that a person, who is serving time in corrective works, restrictions of freedom, maintenance in disciplinary military unit, restrictions on military service or imprisonment on certain term, does not need to serve full punishment, it can conditionally -prescheduled release a given person from serving punishment. Thus a person can be fully or partly released from serving additional punishment.

76.2. Applying on conditional - prescheduled release from serving punishment, a court can assign on condemned duties provided by article 70.5 of the present Code, which should be executed by them during deserved part of punishment.

76.3. Conditional - prescheduled release from serving punishment can be applied only after actual serving time by condemned :

76.3.1. not less than half of term of the punishment appointed for commitment of a crime, not representing big public danger or less serious crime ;
76.3.2. not less than two thirds of term of the punishment appointed for grave crime ;
76.3.3. not less than three quarters of term of the punishment appointed for serious crime, and also three quarters of term of the punishment, appointed to the person earlier conditionally - prescheduled released, if conditional - prescheduled release was cancelled on the bases provided by article 76.6 of the present Code.

76.4. Actually served term in imprisonment by condemned can not be less than six months.

76.5. The control over behavior of a person released conditionally - prescheduled shall be carried out by appropriate state bodies, and concerning military men - command of military units and establishments.

76.6. If during deserved part of punishment condemned :

76.6.1. is malicious has evaded from execution of duties assigned to him by court at application of conditional - pre scheduled release, or has made infringement of a social order for which the official penalty was imposed on him, court on presentation of bodies provided by article 76.5 of the present Code, can decide about a cancellation of conditional - prescheduled releases and execution of deserved part of punishment ;
76.6.2. has committed a crime on imprudence, the question on a cancellation or on preservation of conditional - prescheduled release shall be solved by court ;
76.6.3. has made a deliberate crime, a court appoints to him punishment by a rules provided by article 67 of the present Code. Punishment shall be appointed by the same rules in case of commitment of a crime on imprudence if the court cancels conditional - pre scheduled release.

Keywords

Early release - national proceedings



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