Report on the identified necessary amendments to the existing legislation and specific probation legislation proposals

Report on the identified necessary
amendments to the existing legislation and
specific probation legislation proposals in the
Criminal Justice Legal framework of the
Republic of Azerbaijan
Supporting the development of the judicial
system and improving the services provided by
the agencies that implement criminal court
orders in Azerbaijan
EUROPEAID/136567/DH/SER/AZ
Contract ENI/2016/376256
APRIL 2017

Supporting the development of the judicial system and improving the services provided by the agencies
that implement criminal court orders in Azerbaijan
Report/Legislation Proposals Page | 2
Component II
Offender Management System
Result 4: Preparations to introduce a Probation Service
will be significantly advanced.
Activity 2.3: Assist the Ministry of Justice by:
a) identifying necessary amendments to existing
legislation; and
b) development of specific probation legislation
proposals;
Contributor to the document
Name Position Contribution
Daniel Stoyanov KE3: Community Sanctions Expert Author
The opinions expressed in this document represent the views of the author, which are not necessarily
shared by the European Union Delegation to the Republic of Azerbaijan or other stakeholders.

Table of Contents
1. Executive Summary:.............................................................................................................................4
2. Methodology:.......................................................................................................................................5
3. Brief overview of Probation in Europe:...............................................................................................6
4. Generally identified necessary amendments and proposals for legislative changes:.......................8
5. Specific probation proposals for changes in the Criminal Justice Legislation framework...............10
5.1. Statistic Data: .............................................................................................................................10
5.2. Proposals in regard extension of the application of the community sanctions and measures.
Proposals for legal changes in the Criminal Code of the Republic of Azerbaijan. ...............................13
5.2.1. Option I. Probation and correctional measures:...............................................................13
5.2.2. Option II. Probation: ................................................................................................................15
6. Recommendations for legal changes in the Criminal Procedure Code of the Republic of
Azerbaijan...............................................................................................................................................19
6.1. House arrest: ...............................................................................................................................19
6.2. Agreement on the settlement of the case at the pre-trial procedure: .....................................20
7. Recommendations for legal changes in the Code of Execution of Punishments of the Republic of
Azerbaijan...............................................................................................................................................21
7.1. In regard execution of custodial sentence: ....................................................................................21
7.2. In regard the execution of probation/probation measures:.........................................................24
8. Conclusions:............................................................................................................................................28
9. References:.............................................................................................................................................29
List of Tables
Table 1. Main measures of punishment applied to convicts ....................................................................10
Table 2. Distribution of convicts deprived of liberty by length of sentence ............................................11
List of Figures
Figure 1. Main measures of punishment applied to convicts...................................................................11
Figure 2. Distribution of convicts deprived of liberty by length of sentence...........................................12

1.Executive Summary:
The present document has been developed under Component II, Offender Management System, Result
4: “Preparations to introduce a Probation Service will be significantly advanced”, Activity 2.3: Assist the
Ministry of Justice by: “a) identifying necessary amendments to existing legislation and b) development
of specific probation legislation proposals;” of the financed by the European Union project “Supporting
the Development of the Judicial System and Improving the Services provided by the Agencies that
Implement Criminal Court Orders in Azerbaijan”.
The “Report on the identified necessary amendments to the existing legislation and specific probation
legislation proposals in the Criminal Justice Legal framework of the Republic of Azerbaijan” is based on
the conclusions and recommendations of the previously elaborated under the same activity “Analysis of
the Legal Concept of the Probation according to the Criminal Justice Legislation in force in the Republic of
Azerbaijan”. The Analysis reveals some particular aspects in the Criminal Justice Legal Framework that
might need further tailoring by amendments in the legislation in order to broaden the application of
community sanctions and measures and to create possibility the custodial sanction to be used as a
measure of last resort, thus reducing the number of convicts sentenced to deprivation of liberty. In this
regard the Analysis and the Report should be read together.
The Report starts with a brief overview summarizing the main features of the probation systems in
Europe, showing examples of the most commonly used in the European legal systems community
sanctions and measures, the organizational and functional characteristics of Probation Services and the
legal acts they used for its establishment and day-to day activities. Generally identified necessary
amendments and proposals for legislative changes in particular articles in Criminal and Criminal
Procedure Code of the Republic of Azerbaijan follow. They are aimed to broaden the scope of restorative
justice as alternative sentencing practice and the implementation of mediation in criminal matters.
Next part of the document is focused on specific probation proposals for changes in the Criminal Justice
Legislation framework. It proposes two options for extending the application of the community sanctions
and measures in the Criminal Code of the Republic of Azerbaijan. The first one is to introduce probation
and correctional measures as a main sanction in the system of sanctions. The second option is to
introduce probation as a standalone sanction in the system of sanctions. For both options are developed
legislation proposals in respective articles of the Criminal Code. The other relevant proposals are not
numbered as the legislators should have the final decision where their appropriate place is.
In the Criminal Procedure Code of the Republic of Azerbaijan are proposed amendments in the measure
of restraint House arrest in order to simplify the procedure on its imposition and to allow electronic
monitoring to be controlled and implemented by the structure of the Ministry of Justice Probation
Service. In addition draft proposals are made for introducing the legal institute for the agreement on the
settlement of the case at the pre-trial stage and in the court when the material damages from the crime
have been restituted or secured and the offender has admitted its guilt. In such cases, the prosecuting
authority and the Court might put the convict on probation instead to pronounce a custodial sentence.

Another proposal is only the Governor of the respective correctional facility or the Head of Probation
Office to make proposals for conditional-prescheduled release from serving a punishment under Article
76 of the Criminal Code.
The last part of the document is proposing amendments in the Code of Execution of Punishments in the
Republic of Azerbaijan in the field of execution of custodial sanction and probation activities. The
proposals introduce the approach in the work of the prisons’ staff for rehabilitation of prisoners through
individual and group corrective work, using risk assessment tool, implementing programmes for
influence and diminishing the risk of recidivism and risk of harm. It is envisaged for achieving the
objectives of the punishments to be cooperation between state bodies, specialized governmental
organizations and local executive authorities.
Legal texts are proposed in regard establishment, organization and functioning of the Probation Service
of the Republic of Azerbaijan. Text regulating the establishment of local probation offices, the tasks and
activities of the probation officers, the way of execution of the community sanctions and probation
measures are following. Additionally the use in the day-to-day probation activities of a system for
assessment of risk and cause of harm of the probation clients, the implementation of developing and
corrective programmes is envisaged. It is proposed the electronic monitoring to be carried out by the
structures of the Ministry of Justice, namely the Probation Service.
Taken into account the Presidential Order from 10th
of February 2017 the specific legislation proposals
are drafted to be used regardless the model of establishment of the future probation service in the
structure of the Ministry of Justice. The proposals can be separated from the Code of Execution of
Punishments and to stand alone as a Probation Law of the Republic of Azerbaijan.
2.Methodology:
Desk research, review and study of available in English or Russian language1
primary laws in force in the
field of criminal justice was completed in the process of elaborating the project’s output - the Criminal
Code of Republic of Azerbaijan, the Criminal Procedure Code, the Code of Execution of Punishments. The
legislation of countries having similar geographical profile, legal traditions and who have been part of the
former Soviet Union or former Socialist Republics (Albania, Bulgaria, Czech Republic, Georgia, Kazakhstan,
Lithuania, Moldova) have been researched, reviewed and studied. The experience of Bulgaria and Italy
who stipulated probation as a standalone sanction in their system of punishments has been reviewed.
The fact that every country adopts its own probation legislation considering the legal and administrative
traditions, the economic situation, the geographical distribution of law enforcement agencies, the
perception of the society towards particular crimes was constantly taken into account in the process of
elaborating the Report and the specific probation legislation proposals. The legislative base also needs to
establish mechanisms for interagency cooperation between all public bodies involved in the criminal
1 http://legalacts.az

justice process in order to protect society and create possibilities for rehabilitation of offenders and their
inclusion into society. The Report and proposals also take into account the difference in the legal
systems as probation and community sanctions and measures have emerged for the first time in the
countries with Anglo-Saxons legal systems while the legal traditions of the Republic of Azerbaijan are more
close to the countries with Roman-German legal systems and post-soviet countries.
Although not part of criminal justice legislation, relevant laws stipulating obligations for state bodies and
institutions in regard treatment, rehabilitation and social inclusion of offenders have been subject to
research, review and study, as well as other existing strategic program documents in the field of criminal
justice policy and the treatment of offenders. Official criminal justice statistic obtained from the State
Statistical Committee of the Republic of Azerbaijan2
was a subject to reviewing, studying and analysing.
Thus, the specific probation legislative proposals aim to broaden the scope of the implementation of the
community sanctions and measures, the activities carried out for the offenders’ rehabilitation
contributing in this way for lowering the number of persons on whom have been imposed custodial
sentence.
The present documents is a combination of two envisaged project’s outputs under this activity: Report
on identified necessary amendments to existing legislation and Specific Probation Legislation Proposals
in the Criminal Justice Legal framework of Republic of Azerbaijan.
3. Brief overview of Probation in Europe:
An increased use of alternatives to imprisonment has proven to reduce overcrowding in prisons and the
negative effects of imprisonment. Time spend in custodial institutions creates conditions for non
dangerous offenders to make criminal contacts, to learn new criminal techniques and to plan new
criminal activities. In short, criminal identities are reinforced. Meanwhile imprisonment is an extremely
expensive sanction to manage. For these reasons, prison should be reserved as a place of last resort,
namely, when the offence is so grave and/or the offender is so dangerous that no other sanctions can be
used to prevent community.
Examples of community sanctions and measures that are commonly in use include:
 alternatives to pre-trial detention, such as requiring a suspected offender to reside at a specified
address and/or to be supervised and assisted by an agency specified by a judicial authority;
 probation/community supervision as an independent sanction imposed without pronouncement
of a sentence to imprisonment;
 suspension of the enforcement of a sentence to imprisonment with imposed conditions;
 community service (i.e. unpaid work on behalf of the community);
2 http://www.stat.gov.az/source/crimes/indexen.php

 victim compensation/reparation;
 victim-offender mediation;
 treatment orders for drug or alcohol misusing offenders and those suffering from a mental
disturbance that is related to their criminal behaviour;
 restriction on the freedom of movement (for example, curfew orders);
 electronic monitoring administered in accordance with CM/Rec (2014)4;
 conditional release from prison followed by post-release supervision.
The list is not intended to be exhaustive. New forms of community sanctions and measures might be
developed in accordance with the adopted by the CoE Recommendations in the field of probation and
community sanctions and measures.
Sanctions and measures that do not imply imprisonment may be imposed over large number of
offenders who have committed a non-grave and medium gravity crime, who are not violent or likely to
cause serious harm in the community. Moreover when used in sufficient numbers these sanctions are
cost-effective alternatives to deprivation of liberty in custody.
The term “probation” widely and internationally stands for the supervision of offenders in the community
and to the administrative body (probation agency or probation service) responsible for this work. The
supervision in the community is imposed under certain conditions: if people offend again or fail to
comply with specified conditions, they may be taken back to court and be liable for punishment. The
supervision involves not only control, but also guidance and support to the offender aimed at his/hers
social inclusion and thus having as a result crime prevention and better community safety.
Probation activities include control and monitoring of the offender’s behaviour in combination with
correctional treatment and support in order to find solutions of personal and social offender’s problems.
For this reason the probation services are seen as ‘social services within the penal system’.
Probation activities intend to reintegrate the offender within the local community, in order to prevent
re-offending and by that to protect the community and its members.
The European countries with Roman-German legislative traditions stipulate the sanctioning system
relevant to probation activities in the Criminal Code.
The Anglo-Saxon countries elaborate their sanctioning system by Criminal Justice Acts (Ireland, England
and Wales).
Countries with Roman-German traditions use suspended sentences as a means of probation or as
additional elements added to alternative sanctions or punishments. Bulgaria is exception to this rule - the
Criminal Code defines probation as a standalone sanction. Italy defines probation as a standalone
sanction for some crimes related to possession and distribution of narcotic substances.

Countries with an Anglo-Saxon tradition use probation as an order (Ireland, Malta, Scotland, England and
Wales, Kosovo).
The obligation of the probation service to deliver pre-sentence reports to the Courts is described in the
Criminal Procedure Code or Probation Law Acts/Code of Execution of Punishments.
Functional and organizational aspects of the probation systems are provided in different acts such as:
 the Enforcement Law (Bulgaria, Denmark, Lithuania, Norway and Spain);
 Special probation laws or Decrees (the Czech Republic, Catalonia, Austria, Estonia, France, Latvia,
Romania, England and Wales, etc.).
In terms of concrete probation activities or daily practice, most of the countries use:
 Circulars (Denmark, Romania);
 Standards (the Czech Republic, Estonia) or
 Instructions (Catalonia, Spain) or ministerial orders (Estonia, Bulgaria and Latvia).
Since year 2000, probation services were established in Romania 2002, Hungry and Kosovo 2003, Bulgaria,
Latvia and Georgia 2005, Greece, Lithuania and Moldova 2007. Estonia established in 1998 its own
probation service but from 2008 the probation system has been united with the system of prisons and
currently the four regional probation departments are in the structure of the three regional prisons. Most
recently probation services were established in Albania and Croatia in 2009, Kazakhstan 2012. FYR of
Macedonia, Serbia, Russia, Ukraine also take actions to create a probation service.
It is very important to underline that there is no fixed model for establishing of probation system and
probation service. Every country develops in its own way the probation system and probation services,
according to its country size, legal traditions, context, financial resources, social and cultural situation,
public support and understanding of the need for rehabilitation of convicts and social inclusion ex-
offenders.
Every country adopts its own probation legislation considering the legal and administrative traditions,
the economic situation, the geographical distribution of law enforcement agencies, the perception of the
society towards particular crimes. The legislative base also aims to establish mechanisms for interagency
cooperation between all public bodies involved in the criminal justice process in order to protect society
and create possibilities for rehabilitation of offenders and the inclusion of ex-offenders in the society.
4. Generally identified necessary amendments and
proposals for legislative changes:
Prior the actual start of the Probation Service of Republic of Azerbaijan there is a need to implement a
new and revised legal concept of the probation in the Criminal Code of the Republic of Azerbaijan. The
Criminal Code should revise the system of custodial and community sanctions and address the

disproportionate of the sanctions defined in the articles of the Special Part. At the same time, the
concept for establishment of “probation” needs relevant amendments in procedural laws – Criminal
Procedure Code and Code for the Execution of Punishments.
The option provided in Article 72.1. of the Criminal Code for exemption of the offenders’ criminal liability
in case of compensation of the inflicted damage, incorporates the main concept of Restorative Justice as
alternative sentencing practice. The restoration of caused damage depends on the personal offender’s
behavior and his/hers willingness and practical abilities to do so.
It might be very reasonable the legislators to revise this possibility allowing the exemption of criminal
liability not only for the first time offenders, committing crime of not big public danger and fulfilling all
the cumulative conditions of Article 72.1. of the Criminal Code.
The option provided in the Criminal Code Article 73. Release from a criminal liability due to reconciliation
with victim and Article 37.2. of the Criminal Procedure Code for discontinuation of a private criminal
prosecution in the event of a reconciliation between the victim and the accused before the court
deliberates represents the core principle of Mediation in criminal matters.
However, the scope of mediation is again limited to first time offenders who have committed crime not
representing big public danger and only in the case of a private prosecution. For the development and full
implementation of Mediation as an alternative sentencing practice, relevant amendments in the Criminal
Code and the Criminal Procedure Code have to be adopted or a separate law on Mediation should be
elaborated and adopted.
The possibility for discontinuation of a criminal prosecution should be make possible for relapsed
offenders committed less serious crimes and in the cases of semi-public and public prosecution.

5.Specific probation proposals for changes in the
Criminal Justice Legislation framework
5.1. Statistic Data:
For the purpose of the Report and the elaboration of specific probation proposals, the crime statistic
available at the web site of the State Statistical Committee of the Republic of Azerbaijan has been
reviewed and studied. The statistic provides data for the period starting from 1993 until 2015 year.
The contemporary situation and trends regarding the type of punishments applied by the courts might be
derived from 5 years period covering 2011 until 2015 year. The punishment Public Works has been
introduced in the system of sanctions of the Republic of Azerbaijan in 2014. The table 1. bellow shows the
main measures of punishments applied to convicts for the chosen five years’ period.
Table 1
Main measures of punishment applied to convicts3
2011 2012 2013 2014 2015
Convicts - total, person 13 488 12 938 12 980 13 342 13 270
confined for specified time 6221 6522 6916 7347 7826
correctional works 2083 2014 2168 1972 1818
conditional sentence 1099 1171 1147 1293 1102
penalty 3098 2751 2295 2408 2283
other types of punishment 987 480 454 322 241
The data shows almost constant number of convicts that has been punished by the Courts - around 13
000 people every year. At the same time, the trend of people confined for a specified time is going higher
– from 6 221 in 2011 to 7 826 in 2015 - while the trend of people sentenced to financial penalty is almost
constant and even lowering. For the five years’ period the number of people sentenced to financial
penalty decreases from 3 098 in year 2011 to 2 283 in year 2015. Although the number of people
sentenced to correctional works for the five years’ period is around 2 000 each year, in 2015 their number
is the lowest – 1 818. At the same time for the analyzed period every year around 1 100 convicts have
been sentenced conditionally. See Fig.1 bellow.
3 Source: http://www.stat.gov.az/source/crimes/en/009_5en.xls

Figure 1
The table 2. below provides information about the distribution of the convicts deprived of liberty by length
of sentence for the period 2006 until 2015 year.
Table 2
4 Source: http://www.stat.gov.az/source/crimes/indexen.php
1 000
2 000
3 000
4 000
5 000
6 000
7 000
8 000
9 000
10 000
11 000
12 000
13 000
14 000
2011 2012 2013 2014 2015
Main measures of punishment applied to convicts
Convicts - total, person confined for specified time correctional works
conditional sentence penalty other types of punishment
Distribution of convicts deprived of liberty by length of sentence4
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
up to 2 years 2161 2101 1960 2100 2516 2516 2670 2920 3200 3510
from 2 to 5 years 2521 2391 2505 2829 2415 2313 2344 2339 2428 2483
from 5 to 10 years 879 975 1066 1061 1082 1032 1127 1163 1389 1378
from 10 to 15 years 269 338 317 360 381 360 381 494 330 455
Life imprisonment 9 18 9 12 15 4 9 15 13 4

The biggest share is of the convicts deprived of liberty for the period up to two years. The next one is of
the convicts deprived of liberty from two to five years. The trend shows that from 2006 until 2009 the
convicts deprived of liberty from two to five years outnumbers the convicts deprived of liberty up to two
years. Starting from 2010, the trend is turning and the convicts deprived of liberty up to two years
outnumbered significantly the convicts deprived of liberty from two to five years. See Fig. 2 below.
Figure 2
The proposed in the document amendments aim to provide courts with options to use more non-custodial
sanctions and to broaden the application of community sanctions and measures, creating possibility the
custodial sanction to be used as a measure of last resort thus reducing the number of persons send to
prisons. Two options for extending the application of the community sanctions and measures in the
Criminal Code of the Republic of Azerbaijan are proposed. The first one is probation and correctional
measures to be introduced as a main sanction in the system of punishments. The second option is
probation as a standalone sanction to be introduced in the system of sanctions. For both options are
developed legislation proposals in the respective articles of the Criminal Code. The other relevant
proposals are not numbered as the legislators should have the final decision where their appropriate place
is.
0
500
1000
1500
2000
2500
3000
3500
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Distribution of convicts deprived of liberty by length of
sentence
up to 2 years from 2 to 5 years

5.2. Proposals in regard extension of the application of the community
sanctions and measures. Proposals for legal changes in the Criminal
Code of the Republic of Azerbaijan.
5.2.1. Option I. Probation and correctional measures:
The first proposal is probation and correctional measures to be stipulated as a sanction in the system of
punishments. Probation and correctional measures to be imposed as a standalone/basic sanction:
 for all crimes not representing big public danger;
 for less serious crimes for first time and second time sentenced offenders.
The definition of the probation as an alternative sanction to aggregate:
Probation order for supervision of the offender by a probation officer for the term of probation
period as defined by the Court judgement and
execution of imposed in the same judgement correctional measure/s.
The probation period shall vary up to 3 years if the person is with clear criminal record and the committed
crime is not representing big public danger.
In the cases when persons committed less serious crimes the probation period shall vary in the range
from 6 months up to 5 years. The court shall take into account if the person has clear criminal record or
this is a second committed crime when deciding on the probation period. During the probation period
the Court shall have the option to impose one or more correctional measures grounding its decision on
the provided by the probation officer pre-sentenced report.
The Special Part of the Criminal Code shall explicitly list the cases when probation and correctional
measures are imposed or shall generally envisage the imposition of probation and correctional measures
for crimes not representing big public danger and less serious crimes.
Separate chapter needs to provide the definition of probation as a combination of Probation order
(supervision) and correctional measures. The same chapter shall elaborate a non-exhaustive list of
correctional measures that might be imposed over the offender. The possibility correctional measure/s
as a supplementary sanction to be attached to the main punishment should be stipulated.
Bellow are some recommendations for the definition of probation and types of the correctional measures
that might be elaborated as a non-exhaustive list in a separate article of the Criminal Code. The court may
also impose other duties on the convict that will promote his correction grounding its judgment on the
provided by the probation officer pre-sentence report.
Probation: Probation shall mean mandatory supervision of the sentenced person by a probation officer
that shall aggregate:
1.) Obligatory registration at Probation Service Office and
2.) Regular meetings with a probation officer.

The court might impose one or several correctional measures specified bellow:
 Restrictions on free movement that might be imposed separately or in combination;
 Obligation to report at specified times to a specific authority;
 Obligation not to change the place of permanent residence without notification of the body in charge
of the supervision;
 Prohibition to travel without authorization of the probation officer;
 Obligation for the sentenced person to inform probation officer of any change of working place;
 Obligation for the sentenced person not to enter certain localities, places or defined areas;
 Prohibition to leave the territory of the Republic of Azerbaijan;
 Obligation to avoid contact with specific persons – victim of crime, former gang members or persons
that might have bad influence over the behavior of the sentenced persons;
 Obligation to avoid contact with specific objects, which have been used or are likely to be used by the
sentenced person with a view to committing a criminal offence – mainly drugs and alcohol;
 Prohibition of executing certain (leisure) activities;
 Prohibition to leave house at certain time of the day in range of up to 8 hours in certain days of the
week or at the weekends;
 Ban on driving vehicles;
 Electronic monitoring in cases provided by Law and in combination with the above mentioned
restrictions. Prior written consent by the offender and the inhabitants of his/hers place of
permanent residence shall be necessary. In case of electronic monitoring the Court shall reduce the
probation period with one third.
 Correctional behavioral treatment that might be imposed separately or in combination:
 Obligation to take a treatment course against alcohol, narcotic drugs, venereal disease (VD)
or toxicomania;
 Obligation to attend a road-traffic training course;
 Obligation to take part in suitable programmes organized by the Probation Service/Offices
and recommended in the pre-sentence report;
 Obligation to take part in suitable vocational or/and training course recommended in the pre-
sentence report;
 Restorative justice correctional measures that might be imposed separately or in combination:
 Obligation to support the family financially;
 Mitigation of the inflicted damage;
 Obligation to leave the place shared with injured person;
 Obligation to attempt to achieve a settlement with the aggrieved person (victim-offender
mediation).

Therefore, the system of punishments in Art. 42 of the Criminal Code shall looks as follows:
42.0. Kinds of punishments are:
42.0.1. Penalty;
42.0.2. Deprivation of the right to operate a vehicle;
42.0.3. Deprivation of the right to hold the certain posts or to engage in the certain activity;
42.0.4. Public works;
42.0.5. Deprivation of special, military or a honorary title and state award;
42.0.6. Corrective works;
42.0.7. Restriction on military service;
42.0.8. Forced exile from the Republic of Azerbaijan;
42.0.9. Probation and correctional measures;
42.0.10. Maintenance in disciplinary military unit;
42.0.11. Imprisonment on the certain term;
42.0.12. Life imprisonment.
Article 43. Basic and additional kinds of punishments.
43.1. Public works, corrective works, restriction on military service, probation, maintenance in disciplinary
military unit, imprisonment on the certain term and life imprisonment shall apply only as the basic kinds
of punishments.
43.2. The penalty, deprivation of the right to hold the certain posts or to engage in the certain activity,
correctional measures shall apply as the basic and additional kinds of punishments.
43.3. Deprivation of a special or military rank, honorary title or state award, deprivation of the right to
operate a vehicle and forced exile of the Republic of Azerbaijan shall apply only as additional kinds of the
punishment.
44.4. Only one basic punishment can be assigned for one crime. One or more additional punishment
can be added to the basic punishment in cases envisaged in the Special part of this Code.
5.2.2. Option II. Probation:
The second proposal is probation to be stipulated as a standalone sanction in the system of punishments.
The probation shall be imposed as a standalone/basic sanction:
 for all crimes not representing big public danger;
 for less serious crimes for first time and second time sentenced offenders.
In this case the definition of the probation as an alternative sanction is:

Probation is a combination of measures for control and impact without imprisonment, which
are imposed together or separately.
The probation measures shall be:
1. obligatory registration at the present address;
2. obligatory periodical meetings with a probation officer;
3. restrictions of the free movement;
4. inclusion in courses for professional qualification, correctional behavioral treatment programs;
5. correctional labor;
6. public works in favor of the society.
The measures in point 1 and 2 shall be imposed obligatory to all sentenced to probation offenders.
The measures in point 5 and 6 shall not be imposed to under-aged persons, not reached 16 years of age.
The probation measures shall be with duration:
1. from 6 months to three years – for the above mentioned measures from point 1 to 4;
2. from three months to two years – for the correctional labor;
3. from 100 to 300 hours for not more than three consecutive years – for the public works in favor
of the society.
Probation shall be carried out by an order determined by a law.
The probation measure obligatory registration at the present address shall be appearing and signing by
the sentenced before the probation officer or other official employee, determined by him, according to
the schedule specified by the court at least twice per week.
The probation measure obligatory periodical meetings with the probation officer shall be conducted at
the probation office on which territory is the present address of the sentenced. As exception they can be
conducted at another appropriate place, determined by the probation officer, if important reasons
impose this. The meetings shall be planned or extraordinary upon request by the probation officer or the
sentenced.
The probation measure restrictions in the free movement shall be imposition of one or several of the
following prohibitions for:
1. visiting of places, regions and establishments, precisely defined in the sentence;
2. leaving of the settlement for more than 24 hours without permission by the probation officer;
3. leaving of the inhabited place for defined period of the day and night.

The probation measure inclusion in courses for professional qualification, programmes for correctional-
behavioral treatment shall be directed to labor integration or establishing of social habits and skills for
law-abiding behavior of the sentenced.
The probation measure public works shall be work in favor of the society without restricting the liberty
of the sentenced.
If the sentenced without valid reason does not fulfil the imposed probation measure, upon proposal by
the respective Head of Probation Office the court can:
1. impose other probation measure;
2. substitute entirely or partially the probation with imprisonment where two days of probation
shall be substituted by one day of imprisonment. In these cases the term of imprisonment can
also be below the minimum term set in the Criminal Code.
Probationary Sentence
When the court imposes a punishment of imprisonment up to three years, it can postpone the
imposed punishment for a period from three to five years if the person has not been convicted
to imprisonment for a less serious crime and if the court finds that for the purpose of the
punishment and most of all for the reformation of the convicted, it is not necessary to serve the
sentence.
The probation term cannot exceed the term of the imposed punishment of imprisonment by
more than three years.
During the probation period the convicted shall be obliged to study or work, unless he/she is obliged to
undergo treatment.
In case of postponement of the fulfilment of the punishment the court can assign to the respective
probation office, rehabilitation care for the convicted during the probation period.
When the imposed punishment of imprisonment is for no less than 6 months for the probation period,
the court can rule one of the following probation measures:
4. inclusion in courses for professional qualification, correctional behavioral treatment programs.
The general control over the rehabilitation care and the conduct of the probationary convicted shall be
exercised by the first instance court at the place of residence.

If the probationer does not fulfil without a valid reason some of the probation measures, determined for
him, the court can upon proposal by the Head of the respective Probation Office substitute it or rule to
incur entirely or partially the postponed punishment imprisonment.
If the probationer stops the treatment without reasonable grounds, the court shall rule to incur entirely
the postponed punishment imprisonment.
Regarding a person who has been awarded a probationary sentence for a crime he/she has committed as
a juvenile the probation period shall be from one to three years.
Probationary release from imprisonment
The court can rule a probationary release ahead of term for the remaining part of the punishment of
imprisonment regarding a convicted who has proven his reformation and has served actually no less than
half of the imposed punishment.
The above mentioned provision shall also apply regarding persons sentenced for a crime representing
recidivism, if actually incurred has been no less than two thirds of the imposed punishment and the part
of the punishment to be incurred is not longer than three years.
Probationary release ahead of term shall not be admitted repeatedly unless the perpetrator has been
rehabilitated for the crime for which probationary release ahead of term has been applied.
In case of a probationary release ahead of term of the convicted, the court shall appoint a probation
period for the period of the part of the punishment which has not been served, but no less than six
months. For the time set as probation period, taking into consideration report by the probation officer,
the court can rule one of the following probation measures:
4. inclusion in courses for professional qualification, correctional-behavioral treatment programs.
The court can release ahead of term the convicted to imprisonment juvenile if he/she has corrected
himself/herself, after having served actually no less than one third of the imposed punishment.
Regarding the persons released ahead of term the court shall assign the organizing of the supervision and
the corrective care for them during the probationary term to the respective probation office.
The overall control and the management of the corrective care and of the conduct of the released ahead
of term shall be carried out by the regional court at the place of their residence.
Therefore, the system of punishments in Art. 42 of the Criminal Code shall looks as follows:
42.0. Kinds of punishments are:
42.0.1. Penalty;

42.0.2. Deprivation of the right to operate a vehicle;
42.0.3. Deprivation of the right to hold the certain posts or to engage in the certain activity;
42.0.4. Deprivation of special, military or a honorary title and state award;
42.0.5. Restriction on military service;
42.0.6. Forced exile from the Republic of Azerbaijan;
42.0.7. Probation;
42.0.8. Maintenance in disciplinary military unit;
42.0.9. Imprisonment on the certain term;
42.0.10. Life imprisonment.
Article 43. Basic and additional kinds of punishments.
43.1. Restriction on military service, probation, maintenance in disciplinary military unit, imprisonment
on the certain term and life imprisonment shall apply only as the basic kinds of punishments.
43.2. The penalty, deprivation of the right to hold the certain posts or to engage in the certain activity,
probation measures shall apply as the basic and additional kinds of punishments.
6. Recommendations for legal changes in the Criminal Procedure Code
of the Republic of Azerbaijan.
6.1. House arrest:
The house arrest shall be a prohibition for the defendant to leave his or her dwelling house without
permission of the prosecuting authority.
The restrictive measure house arrest in the pre-trial proceeding shall be imposed and controlled by the
prosecuting authority.
The prosecuting authority shall determine the address of serving the house arrest. Any subsequent change
of the address of serving the measure shall be authorized by the prosecuting authority, dealing with the
criminal case and other prosecution materials.
The prosecuting authority, shall notify the structures controlling the implementation of the measure
(Probation Service), of imposing it and of any subsequent change of the service address.
The compliance with the prohibition for the defendant to leave his or her dwelling house without
permission of the respective body shall be controlled by the structures of the Ministry of
Justice/Probation Service. The prosecuting authority that have imposed the measure of restraint House
arrest shall be notified of any violations.
The compliance with the prohibition for the defendant to leave his or her dwelling house without
permission of the respective body may be controlled also through electronic surveillance means.

6.2. Agreement on the settlement of the case at the pre-trial procedure:
After the finalization of the investigation, upon a proposal of the prosecuting authority or of the defendant
an agreement may be drafted between them on the settlement of the case.
Agreement shall not be admitted for serious and especially serious crimes. Such an agreement shall not
be allowed for any other crimes that have caused death.
Where material damages have been caused as a result of the crime, the agreement shall be admitted
after their restitution or securing.
The agreement shall be made in writing and shall contain consent on the following issues:
1. is there a committed deed, was it committed by the defendant and was it committed guiltily,
does the deed constitute a crime and its legal qualification;
2. what shall the kind and the scale of the punishment be;
3. whom shall the rehabilitation work be assigned to in the cases of probationary verdict.
The prosecuting authority and the defendant shall sign the agreement. The defendant shall sign the
agreement, if he/she agrees therewith, after he/she declares that he/she waives the Court jurisdiction
with regard to the case by order of the general procedure.
Where the proceedings are against several persons or for several crimes an agreement may be reached
on some of the persons or some of the crimes.
Pronouncement on the agreement by the Court
The agreement shall be brought by the prosecuting authority at the respective first-instance Court
immediately after it is drafted, together with the case.
The Court shall set the hearing within seven-day period after the introduction of the case and shall hear
it in a sitting of a single judge.
In the Court session the prosecuting authority, the defender if any and the defendant shall participate.
The Court shall question the defendant if he/she understands the accusation, does he/she plead guilty,
does he/she understand the consequences of the agreement, does he/she agree with them and did
he/she sign the agreement of his/her own will.
The Court may propose amendments to the agreement, which shall be discussed with the prosecuting
authority and the defender. Last shall be heard the defendant.
In the Court record shall be entered the contents of the final agreement, which shall be signed by the
prosecuting authority, the defender if any and the defendant.
The Court shall approve the agreement where it does not contravene the law or morality.
Where the Court does not approve the agreement, it shall remand the case to the prosecuting authority.
In such case, the confession of the defendant made before the Court shall bear no evidentiary value.

The determination by the Court shall be final.
The approved by the Court agreement on settlement of the case shall have the consequences of a verdict
entered into force.
Agreement on settlement of the case in the Court procedure
The Court of First Instance may approve an agreement on the settlement of the case, reached after the
institution of the Court proceedings but before the conclusion of the Court investigation.
In such a case, the agreement shall be approved only with the consent of all the parties.
Conditional - prescheduled release from serving a punishment
Proposals for conditional - prescheduled release from serving a punishment
Proposals for conditional-prescheduled release from serving a punishment under Article 76 of the Criminal
Code may be made by the Governor of the respective correctional facility or the Head of Probation Office.
To the proposal shall be enclosed the personal file of the person proposed to be released from serving a
punishment and other materials of significance for the proper determination of the case.
Where the conditionally released person commits a new offence during the probationary period, the
Court, within the competence of which falls the case on the new offence need to decide on issues
stipulated in Art. 76.6. of Criminal Code.
7. Recommendations for legal changes in the Code of Execution of
Punishments of the Republic of Azerbaijan.
7.1. In regard execution of custodial sentence:
For achieving the objectives of the punishments, there should be cooperation between state bodies,
specialized governmental organizations and local executive authorities.
The state bodies and the Public Committee under the Ministry of Justice shall carry out monitoring during
the execution of the punishments.
The state and local executive bodies, as well as the non-governmental organizations within the frames
of their functions shall assist for the achievement of the objectives of the punishments.
In the activity of execution of punishments, contract relations shall be established with legal persons for
financing, building up, reconstruction or maintenance of the property base or providing services for
rehabilitation of offenders.
The good behavior of the convicted persons shall be encouraged and they shall be offered possibilities
for choice of appropriate behavior.
The convicted persons shall be explained the consequences of failure to fulfill the obligations and
restrictions, provided by the law during their term of serving the imposed punishments.

The rehabilitation work shall be the basic mean for re-socialization of the persons, deprived of liberty
and shall be directed towards assistance of the personal change of the convicted and building up skills
and abilities for law-abiding way of life in the society.
The rehabilitation work in the places for deprivation of liberty shall include:
1. diagnostic and individual correction activity;
2. programmes for influence, for diminishing the risk of recidivism and risk of harms;
3. education, training and qualification of the persons, deprived of liberty;
4. creative, cultural and sports activity and religious support.
Group and individual rehabilitation work shall be performed with the persons, deprived of liberty.
The individual work with the convicted shall include:
1. information on the legal and social status and the opportunities for relieving the conditions for
serving the penalty;
2. assistance for solving problem situations and building skills for overcoming difficulties;
3. direction and intermediation to external organizations of concrete problems;
4. motivation towards active participation and cooperation in the preparation for life at freedom.
The convicted, accused and defendants shall be included in a programme for adaptation to the
conditions in the correctional facilities immediately after their placement therein.
The programme for adaptation shall be up to 3 months long.
While conducting the programme for adaptation of the persons, deprived of liberty, information shall be
given in an accessible for them language on the purposes and forms of the rehabilitation work in the
places for deprivation of liberty.
For every convict included in the programme for adaptation an assessment of the risk of recidivism and
harm and an initial report shall be drawn up.
The initial report shall include:
1. assessment of the risk of recidivism and risk of harm;
2. factors, forming the risk of recidivism;
3. proposals for fulfilling the personal deficits and restriction of the factors, forming the risk of
recidivism and risk of harms.
The persons with psychiatric and mental disorders, which are unable to undergo the diagnostic activities
referred above, shall undergo psychiatric and psychological inspection.

The accused and defendants shall be included in the programme for adaptation and shall be subject to
assessment of the risk of harms.
The rules for assessment of risk of recidivism and the risk of harms shall be approved by the Minister of
Justice.
The assessment of the convicted shall be changed, depending on his behavior during the term of serving
the imposed punishment.
After finalization of the adaptation programme for every convicted shall be drawn up an individual plan
for implementation of the verdict, which shall include activities and programmes for influence in view
to re-socialization of the convicted.
The individual plan for serving the verdict shall be prepared based on:
1. the type and seriousness of the committed crime;
2. the size of the imposed punishment;
3. assessment of the convicted and the factors, which form the risk of recidivism and of harms.
The individual plan for serving the verdict shall have as its objective:
1. including the convicted in programmes and activities for personal change and eliminating the
factors, which form the risk of recidivism and harms;
2. pre scheduled early release from punishments.
For every convicted person an annual report shall be prepared about the results of the work on the
individual plan for serving the verdict.
The specialized programmes shall aim at:
1. motivation and encouragement of law-abiding behavior;
2. raising the social competency and building up behavioral skills;
3. overcoming addictions.
The participation of the convicted persons in specialized programmes shall be voluntary. Their
cooperation in the process of rehabilitation shall be encouraged.
Before their release the deprived of liberty shall be included in a specialized programme for preparation
for life in freedom.
The programme for preparation for life in freedom shall extend from one to three months.
At the implementation of the programme every convicted shall undergo an action plan, including realistic
and practical steps for coping with the conditions of the life in freedom.

7.2. In regard the execution of probation/probation measures:
The probation/probation measures shall be executed by the probation offices.
The probation offices shall be established and closed by an order of the Minister of Justice, who shall
perform the general direction and control over their activity.
The direct direction and control over the activity of the probation offices shall be performed by the Head
of the Probation Service of the Republic of the Azerbaijan.
The probation offices shall:
1. assist the court in the choice of an appropriate sanction and relevant type probation measures;
2. organize and execute the probation measures and restrictive measures for the convicted
persons;
3. work with the convicted persons for their rehabilitation and achieving the objectives of the
sanction;
4. work in cooperation with state bodies, local executive authorities, governmental and non-
governmental organizations for rehabilitation of the convicted persons.
The Head of the Probation offices shall organize and direct the work of the probation officers.
Upon request of the prosecuting authorities the probation officers shall prepare pre-trial reports.
The probation measures shall be executed on the present address of the convicted person.
The place of execution of the probation measures in the region of one and the same probation office may
be changed by an order of its Head, upon request of the convicted person, with an enclosed opinion of
the probation officer.
The judicial acts, which have imposed the probation/probation measure/s, shall be sent for execution to
the relevant probation office.
Within 3 day after receiving the judicial act, the probation officer shall summon the convicted person
to appear within 7 days for execution of the sanction.
In cases where the convicted person fails to appear without reasonable causes 3 days after expiry the
term indicated to him, the respective police office shall be notified, who shall order his compulsory taking
to the office.
For beginning of execution of the sanction shall be considered the day of appearance of the convicted
before the probation officer.
Within three days from appearance of the convicted before the probation officer a file shall be drawn up
and a reporting card.

At the appearance, the probation officer shall draw up a protocol, with which the convicted shall be
informed about his rights and obligations during the execution of the imposed sanction
probation/probation measures. The protocol shall be signed by the convicted and shall be applied to the
file.
Within 14 day term from the beginning of the executing the sanction, the following shall be prepared:
1. an assessment of the convicted, which shall determine the level of risk for recidivism and
causing harm and shall contain an analysis of the reasons and conditions, which cause them;
2. individual plan for fulfillment of the probation measures and events for influence over the
reasons and conditions, which cause the risk of recidivism and causing harm.
The rules for assessment of the risk of recidivism and the risk of harm shall be approved by the Minister
of Justice.
The individual plan for execution of the probation measures shall be prepared by the probation officer
with the participation of the convicted person.
The probation measure obligatory registration on present address shall be done through signing by the
convicted person before the probation officer or before a determined by him official.
In cases, where over the convicted person has been imposed also a probation measure corrective works,
the obligatory registration may be done at the place of work.
The probation measure obligatory registration on present address shall be executed according to a plan,
drawn up by the probation officer and coordinated with the relevant Head of the regional office of the
Ministry of Interior or local executive authorities.
The probation officer may discharge the convicted person from signing for the term of up to 10 days:
1. upon reasons of personal or official nature;
2. home and hospital treatment;
3. for sitting and examination in schools or in connection with court procedures.
In cases where the absence must be more than 10 days, the probation officer shall coordinate the
permission with the respective Head of the Probation Office.
The meeting of the convicted person with the probation officer shall be held according to a schedule
and shall be planned, additional or upon request of the convicted person.
The additional meetings shall be held in an order, determined by the probation officer for performing
control on observation the execution of the probation measures. When their holding has to be after
22,00h p.m. till 06,00h a.m., the Head of respective Probation Office shall be notified.
In cases, where the meeting is requested by the convicted person, it shall be held up to 7 days after its
request.

The execution of the probation measure restriction of the free movement shall be controlled through
checks according to a plan and schedule by the probation officer or by an officer, authorized by him.
The checks referred above shall be carried out by a probation officer or an official authorized by him.
The prohibition of the right to visit certain places shall be announced to the owners or officials,
responsible for the access to the determined by the court places, regions and public places.
Permission for leaving the populated area shall be given to the convicted person by the probation officer:
1. upon reasons of personal or public nature – for not more than 7 days;
2. for placement for medical treatment;
3. for sitting an examination in schools or in relation to court procedures.
In cases, where urgent medical assistance is needed in a medical establishment and outside the present
address of the convicted person, the probation officer shall permit the absence on the basis of doctors
direction and an official note for the time of the treatment. The convicted person or his relatives shall be
obliged to notify immediately the probation officer about the absence for treatment.
In cases, where the absence is to be longer than 7 days, the probation officer shall coordinate the
permission for leaving with the Head of respective Probation Office.
While executing the probation measure including in courses for vocational qualification and/or
programs for correctional-behavioral treatment, the probation officer shall take into consideration the
assessment of the convicted person, the registered zones of need, the necessity of lowering the risk of a
repeated perpetration of a crime, the qualification, the grade of education and the wish of the convicted
person.
While organizing the training for acquiring vocational qualification, the labor market needs and the
interests of the convicted shall be considered.
The courses shall be organized and paid by the probation office jointly with the territorial bodies of the
Ministry of Labor and Social Protection and the Ministry of Education.
The programs for correctional-behavioral treatment shall be organized and paid by the respective
probation office and may be developing and corrective.
The developing programs shall include courses for literacy, acquiring skills for finding jobs, consultative
meetings and lectures with the representatives of schools, universities, non-governmental organization.
The corrective programs shall be directed to change of attitudes, values, behavior of the convicted
persons and for overcoming addictions.
The implementation of the probation measure corrective works shall be organized on the location of the
work place of the convicted person by the probation officer.

The deductions from the remuneration shall be calculated from the gross monthly remuneration of the
convicted person, received from civil and employment relationships or fees.
When the convicted is dismissed or moves to another job, he shall inform immediately the probation
officer. In moving to another job, the fulfillment of the corrective labor shall continue on the new place of
work.
When the convicted cannot fulfill the corrective labor because of valid reasons – long illness, occurred
permanent or temporary disability, the probation officer shall introduce before the Head of the respective
Probation Service a proposal for change of the corrective labor with another measure.
The fulfillment of the probation measure public works in favor of the society shall be organized by the
probation officer with the support of local executive authorities that should provide places and sites for
execution of the public work.
The public work may be laid in favor of citizens, suffered from crimes, with explicit consent on their
behalf and on behalf of the convicted person.
While determining the sites, in which free labor is done, the labor skills, qualification and the ability for
work of the convicted person shall be taken into consideration.
The convicted person shall be assigned with work up to 4 hours a day during the time after work or for
full working day in one of the holiday or weekend days.
During the annual leave or if the convicted person is jobless, he may be assigned with work for not more
than 56 hours per month in compliance with the provisions of the Labor Code.
The supervision over the convicted person during work shall be done by the probation officer, by an
officer, determined by him or by representative of the person, in whose favor is the free labor.
The probation officers shall bear disciplinary responsibility for failure to fulfill the obligations on the
determination of the sites and the control on laying the public works.
When the convicted person fails to fulfill his obligation for laying public works in spite of the created
conditions for that, the probation officer shall introduce proposal before the Head of the Probation
Office for:
1. substitution of the public works with another probation measure, if the public works cannot be
laid because of valid reasons – long illness of the convicted person, occurrence of permanent or
temporary disability, etc.;
2. substitution thoroughly or partly of the probation with deprivation of liberty.
The Head of the Probation Office shall organize the interrelations with the Governor of the correctional
facility if there is such in the region of the respective probation office.

The probation officer shall introduce to the relevant Head of Probation Office an assessment report of
the behavior of every convicted person. This report shall be made at least once every 6 month during the
execution of the sanction.
When the convicted person has served at least one fourth of the determined size of the imposed
probation measure and has shown good behavior, the Head of Probation Office, upon proposal of the
probation officer, according to the assessment of the convicted may:
1. change the obligation of the convicted for registration on present address into obligation to
register once a month or to lighten the intensity of the electronic monitoring;
2. repeal the prohibition for leaving the home after 22.00h during the weekend or holidays;
3. repeal the prohibition for leaving without permission the place of living during the weekend or
the holidays.
For breaches, made by the convicted, the Head of Probation Office may restore the initial contents of
the probation measures.
For breaches made of the ordered probation measures, the convicted persons may be punished by:
1. reprimand;
2. written warning for proposal for substitution the probation with the punishment deprivation
of liberty.
The order for the disciplinary penalty shall be issued by the Head of the respective Probation Office after
hearing the violator or getting acquainted and receiving his written explanations.
The order for the disciplinary penalty may be claimed before the Head of the Probation Service of the
Republic of Azerbaijan within 7 days. The decision of the Head of the Probation Service shall be final.
If during 6 months after imposing the disciplinary penalty the convicted to probation does not commit
other disciplinary violation, he shall be considered for not punished.
The execution of the probation in relation to underage convicted persons shall be done by certain
specially prepared probation officers of the probation office.
The execution of the probation/probation measures shall be finalized after expiry the term of the
probation measure with the longest term.
8. Conclusions:
On 10th
of February 2017 the President of the Republic of Azerbaijan issued an Executive Order on
improvement of operation of penitentiary, humanization of penal policies and extension of application of
alternative sanctions and non-custodial procedural measures of restraint. The President's Order stipulates
range of measures in regard the implementation of Community Service, Electronic Monitoring, Parole,

other alternatives to imprisonment, staffing issues, and also the requirement on the Ministry of Justice to
submit proposals concerning organization of the Probation Service, within one month.
The present document is in line with the Presidential Order and proposes legal amendments reflecting
the following tasks that have been stipulated in the Order:
 Probation Service of the Ministry of Justice of the Republic of Azerbaijan shall be established in
order to organise effective control of execution of non-custodial sentences and to increase
effectiveness of administration in this field;
 Application of electronic tracking devices shall be introduced in order to ensure use of modern
Information and Communication Technologies in execution of sentences and application of
measures of restraint;
 Practices of formalistic execution of community service shall be prevented, and effective control
of other non-custodial sentences ensured;
 Possibilities of reconstruction of existing and creation of new production facilities in the penal
institutions shall be explored with the purpose of involvement of inmates in socially useful labour,
and measures to promote business participation in this field implemented;
 In application of measures of restraint by investigation authorities and courts, provisions of
criminal procedure law concerning grounds for arrest shall be strictly complied with, and the level
of application of alternative sanctions and measures of procedural compulsion shall be extended
to attain aims of punishment and of measure of restraint through non-custodial means;
 Inclusion, in the sanctions for crimes, of the sentences alternative to imprisonment, and
improvement of application grounds of existing alternative sentences;
 Development of grounds for non-custodial measures of restraint and sentences alternative to
imprisonment in cases when social danger of the act committed relates to pecuniary damage,
which has been fully compensated;
 Organise strict registration, at the place of employment, of convicts sentenced to community
service; and implement measures aimed at preventing evasion of community service and precise
recording of hours worked.
The specific probation legislation proposals aim to provide courts with options to use more non-custodial
sanctions and to broaden the application of community sanctions and measures creating possibility the
custodial sanction to be used as a measure of last resort thus reducing the number of persons sent in
prisons.
9. References:
Recommendation CM/Rec(2014)4 of the Committee of Ministers to member States on electronic
monitoring;
Recommendation CM/Rec(2010)1 on the Council of Europe Probation Rules;

Commentary to Recommendation CM/Rec (2010) 1 of the Committee of Ministers to member states on
the Council of Europe Probation Rules;
Draft Recommendation CM/Rec (2016) XX on the European Rules on community sanctions and
measures PC-CP (2016) misc 2 rev.;
Recommendation Rec (2000) 22 on improving the implementation of the European rules on community
sanctions and measures;
Recommendation № R (92) 16 on the European Rules on community sanctions and measures;
Rec(2000)22 on improving the implementation of the European rules on community sanctions and
measures;
Rec(99)22 concerning prison overcrowding and prison population inflation;
Criminal Code of the Republic of Azerbaijan;
Criminal Procedure Code of the Republic of Azerbaijan;
Code of Execution of Punishments of the Republic of Azerbaijan;
Criminal Code of the Republic of Albania;
Law on the execution of criminal decisions of Republic of Albania;
Criminal Code of the Republic of Bulgaria;
Criminal Procedure Code of the Republic of Bulgaria;
Code of Execution of Punishments of the Republic of Bulgaria;
Criminal Code of Georgia;
Imprisonment Code of Georgia;
Law on Procedure of Execution of Non-custodial Penalties and Probation of Georgia;
STATUTES of the Probation and Mediation Service of the Czech Republic;
Criminal Code of the Republic of Kazakhstan;
Code for the Execution of Punishments of the Republic of Kazakhstan;
Rules for the organization of the activities of the criminal executive inspectorate Probation Service of
the Republic of Kazakhstan;
Probation Law of the Republic of Moldova;
Statute for the organization and functioning of the Probation Service in the Republic of Moldova;
RESPONSE OF THE GOVERNMENT OF THE REPUBLIC OF ITALY TO NOTE CU 2011/26;

Prison overcrowding in Italy – After three years from the Torreggiani decision, the outcomes and
effectiveness of the reforms5
;
Ambulant sanctions as an alternative to imprisonment in the European Union;
Executive Order of President of the Republic of Azerbaijan on improvement of operation of penitentiary,
humanization of penal policies and extension of application of alternative sanctions and non-custodial
procedural measures of restraint, issued on 10th of February 2017.
5https://thelogsogu.wordpress.com/2016/02/17/prison-overcrowding-in-italy-after-three-years-from-the-
torreggiani-decision-the-outcomes-and-effectiveness-of-the-reforms-part-i/

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