Reservations and Declarations for Treaty No.185 - Convention on Cybercrime

Nature of declaration : Reservations
Status as of 17/08/2017

Azerbaijan

Reservation appended to the full powers handed to the Secretary General at the time of signature of the instrument, on 30 June 2008 – Or. Engl., and confirmed in the instrument of ratification, deposited on 15 March 2010 - Or. Engl.

In accordance with Article 42 and Article 4, paragraph 2, of the Convention, the Republic of Azerbaijan declares that criminal liability occurs if the acts described in Article 4 of the Convention result in serious harm.
Period covered: 01/07/2010 -
Articles concerned : 4, 42

Reservation appended to the full powers handed to the Secretary General at the time of signature of the instrument, on 30 June 2008 – Or. Engl., and confirmed in the instrument of ratification, deposited on 15 March 2010 - Or. Engl.

In relation to subparagraph “b” of paragraph 1 of Article 6 of the Convention, the Republic of Azerbaijan declares that when acts are not considered dangerous crimes for the general public, they will be evaluated not as criminal offences, but as punishable acts regarded as a breach of law. In case the deliberate perpetration of acts subject to the penalty risk which are not treated as dangerous crimes for the general public (action or inaction) generates a serious harm, then they are treated as crime.
Period covered: 01/07/2010 -
Articles concerned : 6

Reservation appended to the full powers handed to the Secretary General at the time of signature of the instrument, on 30 June 2008 – Or. Engl., and confirmed in the instrument of ratification, deposited on 15 March 2010 - Or. Engl.

In relation to paragraph 3 of Article 6 of the Convention, the Republic of Azerbaijan appraises the acts indicated in paragraph 1 of Article 6 of the Convention not as criminal offences, but as punishable acts regarded as a breach of law in case these acts are not considered dangerous crimes for general public and stipulates that the given acts be subjected to criminal charge only at the event of incurrence of serious harm.
Period covered: 01/07/2010 -
Articles concerned : 6

Reservation appended to the full powers handed to the Secretary General at the time of signature of the instrument, on 30 June 2008 – Or. Engl., and confirmed in the instrument of ratification, deposited on 15 March 2010 - Or. Engl.

In accordance with Article 42 and Article 29, paragraph 4, of the Convention, the Republic of Azerbaijan reserves the right to refuse the request for preservation under this article in cases where it has reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled.
Period covered: 01/07/2010 -
Articles concerned : 29, 42


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