Criminal Code of the Azerbaijan Republic (1999) (excerpts related to Hate Crimes) (English)

Unofficial translation

Criminal Code

of the Azerbaijan Republic

Enacted by the Statute 787-IQ of the 30th December 1999

(excerpts)

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CHAPTER 10

ASSIGNMENT OF PUNISHMENT

Article 61. Circumstances aggravating punishment

61.1. Circumstances aggravating punishment are the following:

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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

SECTION VII

CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16

CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

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Article 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.

Article 104. Solicitation to commitment of a genocide

Direct and obvious solicitation to commitment of any acts provided by article 103 of the present Code–

shall be punished by imprisonment for the term from five up to ten years.

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Article 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 VIII

CRIME AGAINST INDIVIDUAL

CHAPTER 18

CRIME AGAINST LIFE AND HEALTH

Article 120. Deliberate murder

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120.2. Deliberate murder:

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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.

NOTE: Repeated crime, is commitment of crime again provided by article 120 of the present Code, the person who earlier has made one or several crimes, provided by articles of the present Code establishing responsibility for deliberate murder.

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SECTION XI

CRIMES AGAINST STATE POWER

CHAPTER 31

CRIMES AGAINST BASES OF THE CONSTITUTIONAL POWER AND SAFETY OF THE STATE

Article 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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