Custodial restraint withdrawn from penalty system
01 April 2011 13:28 (UTC +04:00)
He said amendments and annexes are expected to be made to the Penalty Code soon. The draft amendments were sent to the parliament by the Head of State.
Such kind of penalty was not considered by the Azerbaijan’s penalty legislation earlier and it was amended to the new Penalty Code in September, 2001.
Jabrayilov said custodial restraint was an “interim point†between the imprisonment and conventional imprisonment, but there is no material basis in Azerbaijan to implement this penalty. “The legislation describes it as “detention in special places not isolated from the societyâ€. It was implemented about the persons above 18 until the announcement of the judgment, but it is not possible to keep someone in special places not isolated from the society. Such description is not correctâ€.
The lawmaker said sometimes identification of the custodial restraint with the imprisonment created problems in this field.
Such kind of penalty was not considered by the Azerbaijan’s penalty legislation earlier and it was amended to the new Penalty Code in September, 2001.
Jabrayilov said custodial restraint was an “interim point†between the imprisonment and conventional imprisonment, but there is no material basis in Azerbaijan to implement this penalty. “The legislation describes it as “detention in special places not isolated from the societyâ€. It was implemented about the persons above 18 until the announcement of the judgment, but it is not possible to keep someone in special places not isolated from the society. Such description is not correctâ€.
The lawmaker said sometimes identification of the custodial restraint with the imprisonment created problems in this field.
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