The Ministry of Internal Affairs commented on the concept of punishment of persons arrested for drugs

The Ministry of Internal Affairs has clarified the allegations of whether to release or detain persons suspected of trafficking in narcotic drugs and psychotropic substances, APA reports quoting the head of the media and public relations department of the press service of the Ministry of Internal Affairs Elshad Hajiyev.

E. Hajiyev noted that the upper limit of administrative arrest for illegal circulation of narcotic drugs and psychotropic substances is two months. According to Art. 234.1 of the Criminal Code of Azerbaijan, for these acts a person is punished with restriction of freedom for a term of one to three years, or imprisonment for a term of up to three years.

Questions are caused by two concepts “restriction of freedom” and “deprivation of liberty”.

The concept of “restriction of freedom” does not include arrest, but other preventive measures – house arrest, being held hostage, recognizance not to leave, release on personal bail or on bail of an organization, transfer under police supervision, transfer under supervision of minors, transfer under supervision of command, removal from office.

And the concept of “deprivation of liberty” means that a person is serving a sentence on the basis of a court verdict in a correctional institution of a district, general, strict, special regime, or in prison.

Elshad Hajiyev added that if there is a relapse in the act (repeated criminal act of the same composition), the sale by a person suspected of illegal circulation of narcotic drugs and psychotropic substances is proven, then he is punished with imprisonment for at least 3 years, up to a maximum of 12 years.

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