Azerbaijan replacing arrests for some crimes with financial sanctions
A person found guilty of crime against property or evasion from customs and tax will not be brought criminal charges against in case the damage caused is repaid.
In this regard, new articles (73-1 exemption from criminal liability for crime against property and (73-2 exemption from criminal liability for crime in the sphere of economic activity) have been proposed to the Criminal Code by Azerbaijan’s president, APA reported.
Under new Article 73-1, a person who has committed the crimes mentioned in articles 178.1 (swindle, is maintaining another persons property or buying another persons property by a deceit or breach of confidence), 179.1 (misappropiration or waste, is plunder of property entrusted to guilty by another person), 186.1 (deliberate destruction or damage of another's property which caused significant damage to a victim), 187 (destruction or damage of property on imprudence) and 189-1.1 (implementation of telephone conversations by illegal entry in communication line of telephone number belonging to subscriber, causing damage to a victim in the significant size) of the Criminal Code of Azerbaijan will be exempt from criminal liability in case the person is forgiven by the victim and the damage caused is fully repaid.
Under the current law, these crimes are punishable by fine, community service, and imprisonment for up to two years.
According to the proposed article, if a person who has committed the abovementioned actions with causing serious damage reconciles with the victim, fully compensates the damage and pays to the state budget one equivalent of the amount of the damage caused by the crime, he/she will be exempt from criminal liability.
Under the current law, these crimes are punishable by fine and imprisonment for up to seven years.
If the above-mentioned acts are committed by an organized group with major damage and if group members reconcile with the victim, fully compensate the damage and pays to the state budget the double of the amount of the damage caused by the crime, he/she will be exempt from criminal liability.
According to new Article 73-2, a person has committed the crimes mentioned in Article 209 (evasion from payment of customs charges) and 213 (evasion from payment of taxes) of the Criminal Code of Azerbaijan, he/she will be exempt from criminal liability in case the damage caused is repaid.
Under the current law, these crimes are punishable by fine and imprisonment for up to three years.
The draft amendments will be tabled at the parliament after public hearings on September 29.
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