Yesterday, a student shot his teacher at "Idrak" Lyceum. A 10th-grade student fired a hunting rifle at his 29-year-old teacher, injuring her.
Modern.az has conducted an investigation into the legal aspects of the matter.
In a statement to our website, human rights defender Xavar Ismayilova stated that there are 2 criminal acts in the actions of the accused person:
“First of all, let's say that the person's actions will be classified under Articles 120, 126, and 127, as well as Article 228 of the Criminal Code. Here, the assessment will primarily be based on the evidence collected. The intention of the minor accused person will be considered as a key factor. If the intention was to kill the victim, and the victim dies as a result of the injuries sustained, then their actions will fall under the scope of Article 120.1 of the Criminal Code. If the victim survives, then the actions of the accused person will be classified under Article 120.1 of the Criminal Code (attempted intentional homicide).
If the intention of the accused person was merely to intimidate the victim, then, depending on the degree of injury inflicted on the victim, the actions of the accused person will be classified under Article 126 (inflicting grievous bodily harm) or Article 127 (inflicting less grievous bodily harm) of the Criminal Code. The application of Article 126 or 127 of the Criminal Code will be assessed based on the expert opinions obtained during the case.
The illegal acquisition and carrying of a firearm by the accused person is also a crime, which will be classified under Article 228 of the Criminal Code”.
The human rights defender added that since the accused person is a minor, if a judgment is rendered under Article 120.1 of the Criminal Code, then more than half of the penalty stipulated in the sanctions of those articles cannot be imposed:
“The fact that the accused person is a minor and may achieve reconciliation with the victim in the future will be considered as a mitigating circumstance and will be of significant importance in sentencing. That is, in this case, the person's actions will be classified under Articles 29, 120.1, and 228.1. Under Article 29, 120.1, a sentence of more than 7 years cannot be imposed, and under Article 228.1, a sentence of more than 1 year and 6 months cannot be imposed. When imposing a sentence for a совокупность of crimes, the court, in accordance with Article 66.1 of the Criminal Code of the Republic of Azerbaijan, determines a final sentence by imposing a separate penalty for each crime and either encompassing a less severe penalty with a more severe one or by fully or partially aggregating the imposed penalties.
This means that, in total, a sentence of deprivation of liberty ranging from a minimum of 7 years and 6 months to a maximum of 9 years may be imposed”.
