Control over the execution of sentences

Pardon is granted by the President of the Republic of Azerbaijan to an individual person. A person convicted of a crime may be released from serving the remainder of his sentence by a pardon act, or the term of the sentence imposed on him may be reduced, or the unserved part of his sentence may be replaced by a lighter sentence. A person sentenced to life imprisonment may apply to the President of the Republic of Azerbaijan for pardon after serving ten years of the sentence. A life imprisonment sentence may be replaced by a sentence of imprisonment for a term not exceeding twenty-five years by a pardon act. The conviction of a person who has served his sentence may be revoked by a pardon act.

If the court concludes that a person serving a sentence of correctional labor, restriction on military service, restriction of freedom, detention in a disciplinary military unit, imprisonment for a certain period of time or life imprisonment does not need to serve the full sentence in order to reform, it may conditionally release him from the sentence. In this case, the person may also be fully or partially released from additional punishment. Conditional early release from punishment may be applied after the convicted person has actually served at least half of the term of punishment imposed for a crime that does not pose a great public danger or a less serious crime, at least two-thirds of the term of punishment imposed for a serious crime, at least three-quarters of the term of punishment imposed for a particularly serious crime, as well as after a person who was previously conditionally released from punishment, if the conditionally released from punishment was canceled on the grounds provided for in the Criminal Code, or after a person who previously served a sentence of deprivation of liberty was sentenced to a sentence of deprivation of liberty again due to a recidivism of crimes. The term of deprivation of liberty actually served by the convicted person cannot be less than six months.

Taking into account the behavior of a person serving a sentence of imprisonment for a certain period of time for a crime that does not pose a great public danger or for a less serious crime, the court may replace the unserved part of the sentence with a lighter type of punishment, taking into account his behavior during the period of serving the sentence. In this case, the person may also be fully or partially exempted from additional punishment.

- Taking into account the behavior of a person serving a sentence of imprisonment for a certain period of time for a crime that does not pose a great public danger or for a less serious crime, the court may replace the unserved part of the sentence with a lighter type of punishment. In this case, the person may also be fully or partially exempted from additional punishment.

- Replacement of the unserved part of the sentence with a lighter type of punishment may be applied after at least one third of the sentence has been served.

- When replacing the unserved part of the sentence, the court may choose any lighter type of punishment provided for in Article 42 of the Criminal Code for each type of punishment, within the limits established by that Code.

A person who, after committing a crime, has become mentally ill and, as a result, is deprived of the opportunity to understand the actual nature and social danger of his act (action or inaction) or to control that act shall be exempted from serving the sentence imposed by a legally effective sentence or from serving the remainder of the sentence. The court may impose compulsory medical measures on such a person. A person who, after committing a crime, has become seriously ill and prevents him from serving the sentence may be exempted from serving the sentence by a court decision. Diseases that prevent a convict from serving the sentence are determined by the "List of Serious Diseases Preventing Convicts from Serving the Sentence" approved by the Ministry of Health of the Republic of Azerbaijan.