Penal Code (1999) (excerpts)
[excerpts]
Penal Code of the Republic of Azerbaijan
Enacted by the Statute 787-IQ of the 30th December 1999
GENERAL PART
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Section 6. Principle of equality before the law
The persons who have committed crimes, shall be equal before the law and shall be subjected to the crime liability irrespective of race, nationalities, creeds, language, an origin, property and official position, belief, belonging to political parties, trade unions and other public associations, and also other circumstances.
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Section 61. Circumstances aggravating punishment
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61.1.6. Commitment of a crime on grounds of national, racial, religious hatred or fanaticism, revenge from lawful actions of other persons, with mercenary purpose or other low prompting, and also with a purpose to hide other crime or to mitigate its commitment;
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SPECIAL PART
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Section 103. Genocide
Actions, directed on full or partial destruction of national, ethnic, racial or religious groups by means of killing members of this group, causing serious harm to their health or serious harm to their mental faculties, creations of the vital conditions designed for full or partial physical destruction of members of this group, realization of the actions directed on prevention of birth rate inside group, compulsory transfer of children belonging to one group, to another –
shall be punished by imprisonment for the term of from ten till fifteen years or life imprisonment.
Section 104. Solicitation to commitment of a genocide
Direct and obvious solicitation to commitment of any acts provided by Section 103 of the present Code–
shall be punished by imprisonment for the term from five up to ten years.
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Section 109. Discrimination
Prosecution of any group or organization on political, racial, national, ethnic, cultural, religious motives, motives of a sexual belonging or on grounds of another motive forbidden by norms of international law, that is rough infringement of rights of people for a belonging to these groups or organizations, connected with other crimes against safety of mankind –
shall be punished by imprisonment for the term of from five till ten years.
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Section 111. Racial discrimination (apartheid)
111.0. The acts accomplished with a purpose of the organization and maintenance of superiority of one racial group for destroying of other racial group:
111.0.1. denying of a members right of racial group or groups on life and freedom, that is murder of members of racial group or groups, drawing of heavy harm to their health or serious harm to mental faculties, application to them of tortures or reference severe, brutal or humiliating advantage and punishments, as well as any arrest or illegal imprisonment;
111.0.2. creation for racial group or groups of the living conditions designed for their full or partial physical destruction;
111.0.3. realization of any legislative or other action with a purpose ,of hindrance to participation of racial group or groups in political, social, economic and cultural life of the country, to development of such group or groups by denying belonging to members of this group or groups of rights and freedom of a person, including a right to work, creation of trade unions, education, departure and entrance to the country, citizenship, a freedom to move and a choose of a residence, idea and word, associations and assemblies;
111.0.4. implementation of any measures, including legislative, with the purpose of division of a population into racial groups by means of creation of reservoirs and ghetto, prohibitions of mixed marriages between various racial groups, forced take of ground areas belonging to racial group or groups or their members without their consent;
111.0.5. operation of work of persons belonging to racial group or groups;
111.0.6. prosecution of organizations and persons opposing apartheid, by means of deprivation of their right and freedom
shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.
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Section 120. Deliberate murder
120.1. Deliberate murder (deliberate deprivation of life of other person) –
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120.2.12. on motive of national, racial, religious hatred or enmity –
shall be punished by imprisonment for the term from twelve up to fifteen years or life imprisonment.
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Section 154. Infringement of citizens’ equality
154.1. Infringement of equality of citizens depending on race, nationalities, creeds, language, an origin, property or official position, belief, a belonging to political parties, trade unions and other public associations, with causing harm to rights and legitimate interests of citizens –
is punished by fine of hundred up to five hundred of nominal financial unit or by corrective works for the term of up to one year.
154.2. The same action committed by official with use of the service position –
is punished by fine of five hundred up to one thousand of nominal financial unit, or by corrective work for the term of up to two years, or with imprisonment for the term of up to two years with deprivation of the right to hold the certain position or to engage in the certain activities for the term of up to three years or without it.
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Section 283. Excitation of national, racial or religious hostility
283.1. The actions directed on excitation of national, racial or religious hostility, humiliation of national advantage, as well as actions directed on restriction of citizens rights, or establishment of the superiority of citizens on the basis of their national or racial belonging, creeds committed publicly or with use of mass media –
is punished by the penalty at a rate from one up to two thousand of nominal financial unit, or restriction of freedom for the term up to three years, or imprisonment for the term from two up to four years.
283.2. The same acts committed:
283.2.1. with application of violence or with threat of its application;
283.2.2. by person with use of the service position;
283.2.3. by organized group –
is punished by imprisonment for the term from three up to five years.
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