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Azerbaijani Milli Majlis adopts draft resolution on Amnesty on the occasion of Novruz Holiday

17 March 2009 09:28 (UTC +04:00)

The draft law was submitted to the Parliament by Chairman of the Standing Commission on Legal Policy and State-Building Ali Huseynov. Then initiator of the draft resolution MP Mehriban Aliyeva delivered a speech.

According to the Act of Amnesty, women sentenced for the crimes not creating public threats, those who were under 18 while committing the crimes, disable people of I and II groups, men reaching age of 60, people maintained children or parents of disable children will be released from the prison. The amnesty will also cover the women with one year prison ahead and men with six months prison ahead, all people punished with correctional labor of public works, fined people and people with postponed or conditional sentences. Nearly 9 thousand prisoners are expected to be covered by the act of amnesty and 1700 of them expected to be released.

The draft resolution sets restrictions on the fulfillment of the amnesty regarding to the people committed grave and special grave crimes depending on the character of the crimes, the actions created special recidivism and other prisoners.

The draft law envisages that amnesty is not applicable for Articles 15.4 (serious crime),15.5(especially serious crime), 101,115.1, 119.1,122.2, 124.2,125, 127.2, 133.1,133.2, 136.3, 137, 138.2, 138.4, 139.2, 140.2, 140.4, 141.4, 144.2.2, 145.2, 146.2, 150.1, 151, 152, 159.4, 162.2, 170.1, 170.2, 171.1, 172, 177.2, 178.2, 179.2, 182.1, 184.3, 185.2, 186.2, 189.1.4, 192.2, 193.1.1, 195.2, 196.2, 199.3, 200.4, 200.1.3, 201.2, 204.1, 205, 206.1, 206.2, 208, 213.2 (edition by the May 31, 2007 law #357 IIIQD of Azerbaijan Republic about the changes and amendments to some legislative acts), 213.1.2, 220.2, 221.2, 221.3, 222.2, 222.1.3, 222.2.2, 223.2, 224, 224.1, 224.2, 225.2, 227.1, 227.2, 228.1, 228.2, 229.1, 229.2, 232.1, 233.1.1, 234.2, 234.3, 235.1, 235.2, 236.1, 238.1, 240.1, 240.2, 243.2, 244.2, 245, 247, 248.2, 250.3, 251.3, 252.3, 253.2, 254.3, 256.3, 258.3, 259.2, 260.2, 262.2, 263.2, 265.2, 266.2, 267.3, 268.2, 272.2, 281.1, 283, 285, 288.1, 288.3, 290, 291, 292.2, 293.1, 294.2, 294.3, 295.1, 296.2, 297.2, 299.3, 299.4, 301.2, 302.2, 304, 306, 307.3, 309.2, 312.1, .312-1, 314.2, 314.2.2, 314.3.2, 314.3.3, 315, 316.2, 316.1.3, 317.1, 317.2, 317.1.2, 317.2.2, 318.2, 319.2, 321.2, 323, 324, 328.2, 330.2, 331.3, 332.2, 333.4, 333.5, 334.1, 335.2, 336, 338.2, 339.2, 340.2, 341.2, 342.2, 344.1, 346.1, 348.2, 349, 350.2, 351.2, 352.1, 353.1, as well as 216, 308.2, 311.1 of the Criminal Code till the sanctions by the April 7, 2006 law #92-III QD of Azerbaijan Republic about the changes and amendments to the anti-corruption law of Azerbaijan Republic.

The draft law says that if one of the crimes of criminals committing deliberate crimes which cover damage assessment over AZN 50.000, persons, who did not pay damage assessment, recidivists, ex-prisoners, criminals committing crimes in military units and detention facilities, criminals arrested for several crimes does not come under the decisionâ€™s influence, the amnesty is not applicable for persons mentioned in points 2, 4 of the draft law.

As regards the application of amnesty, it was noted that amnesty is not applied on the persons envisaged in law #793 â€œRestriction of application of amnesty actsâ€ adopted on February 42, 1994. Amnesty is applied on the persons convicted on judgments, which had been effective before the law came into force. This resolution is also applied on the persons convicted by the courts of other states and serving their imprisonment in Azerbaijan. This resolution is applied within four months after coming into force.