Proposals of Mrs. Guler Ahmedova to make amendments to the current Criminal Code of the Republic of Azerbaijan
To add the following item into the Article 122 (“Sudden assassination in the state of strong emotional anxiety’) of the Criminal Code of the Republic of Azerbaijan :
If those actions perpetrated by juvenile or woman the punishment should be a limitation of freedom up to two years or two years of imprisonment.
Amend article 124.2 after article 124 (murdering out of carelessness) of the Criminal Code of the Republic of Azerbaijan and the previous 124.2 shall be replaced by article 124.3. The amended 124.2 article shall stipulate the following:
A juvenile or a woman committing this crime is liable to imprisonment for a term not exceeding a year or to a restriction of freedom not exceeding a year.
Article 125 (force to a state of suicide) of the Criminal Code of the Republic of Azerbaijan shall be amended by article 125.2 and the disposition shall read as follows:
If these conducts fomented to a female juvenile or a pregnant or a lonely woman these offences shall be liable to imprisonment from one to five years of imprisonment as sanctioned by the Article.
The Family Code of the Republic of Azerbaijan provides for 3/1 alimony of the salary of a parentwith one child, 3/2 of the salary - with two children and 50% of the salary – with more than ten children.
As regards unemployed parents payment of alimony is envisaged in the unchanged amount of money. The unchanged amount shall be determined with the conditional monetary unit. I suggest that the article be amended and the unchanged amount be determined not with conditional monetary unit, but with minimum salary, andat the same time if a person is called to account twice on the same charge this issue be dealt with not in accordance with the Family Code of the Republic of Azerbaijan, but with the previsions of the Criminal Code of the Republic of Azerbaijan and the necessity of the Article be directly mentioned.
The Family Code of the Republic of Azerbaijan contains a dead article specified as “Covenant of Marriage”. My meetings with the chairpersons of the Baku, district, supreme, constitutional courts are another proof of the fact that this article shall be imperative. Because today division of labor concerning cases in the courts is averagely between 30 and 40%. The conclusion is that in any case one of the sides is not satisfied. Furthermore even in the absence of bribery facts the international documents put Azerbaijan on the same level with the African countries concerning corruption cases and the judiciary. For this reason I consider that before entering into marriage an article stipulating the signing of “Covenant of Marriage “ between the parties shall be mentioned as a necessary article in the Family Code of the Republic of Azerbaijan.
Dispositions of articles 128 and 132 of the Criminal Code of the Republic of Azerbaijanhave the same content. Article 132 of the same Code envisages the behaviors not provided for in article 128 of the Criminal Code of the Republic of Azerbaijan.
We consider that the behaviors as envisaged in the dispositions of article 132 of the Criminal Code of the Republic of Azerbaijan shall be mentioned in the disposition of an article as they occur following the intentional acts and as fully come under the behaviors stipulated in article 128 of the Criminal Code, and the envisaged penalty shall be commuted.
Or I can propose that the Administrative Proceedings Code of the Republic of Azerbaijan be amended with an article envisaging administrative liability for the behaviors as stipulated in article 132 of the Criminal Code of the Republic of Azerbaijan.
As you are aware, at present there exists an idea of “Positive discrimination“in Europe. By means of “Positive discrimination“ in Europe pupils having missed multiple classes (14 days within 6 month) liable to arrest. Thus it is already a proven fact that the childhood and youth period of criminals is connected with associatedatmosphere. The process of decreasing marginal groups in the society has to start at early ages. Therefore in the countries like Germany and Italy the parents of the pupils having missed classes are preliminary liable to fine. Furthermore these parents can even be arrested. If a parent make a formal confession of being unable to handle the situation with his or her child then this type of penalty can be imposed on juveniles. I propose that Administrative Proceeding Code of the Republic of Azerbaijan be amended with an article and the disposition of that article be in accordance with the above mentioned.