About conditional early release
Journal Title: Юридические науки и образование - Year 2019, Vol 59, Issue 59
Abstract
In the current Criminal Code of the Republic of Azerbaijan, as a formal requirement for the application of conditional early release of a punishment, the penalty imposed by the court was determined by the convicted person depending on the category of the offense. In contrast to the invalid Criminal Code, the severity of the offense in the current Criminal Code and the category of the offense have not been defined as restrictions on the application of the detention of the convicted person as a conditional early release. The presumption of a certain part of the sentence imposed by the convict on the basis of the offense determined by the law is determined by the intention of ensuring the liability of the offense and also the purpose of the sentence. It aims to achieve social justice, rehabilitate the prisoner, and implement preventive function of criminal law. As a basic criterion for prematurely releasing a sentence from a sentence, the perpetrator should not be punished for the correctness of the sentence. The conclusion of the court on the rehabilitation of a prisoner should be based on the information characterizing him her during the entire duration of the sentence, rather than the information available on the eve of the required timeframe for the pre-release release. Therefore, the article proposes to exclude Article 76.4-1 of the Criminal Code of the Republic, which was included in the law of 20 October 2017. A controversial situation arises when the conditional early release of a prisoner is imprisoned. The conviction that a prisoner serving a sentence of deprivation of liberty may be imposed on a case-by-case basis prematurely after the imposition of a penalty for a certain period of imprisonment and that at least twenty-five years have elapsed since the convict's deprivation of liberty, on a caseby-case basis, and the proposal for the improvement of Article 76 of the Criminal Code has been proposed.
Authors and Affiliations
Elkhan Isazade
Keywords
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- EP ID EP595213
- DOI 10.25108/2304-1730-1749.iolr.2019.59.87-113
- Views 77
- Downloads 0
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