AZE.US
The prison sentence handed to Azerbaijani influencer Ilduza Hajiyeva, known online as Arzum9999, was driven by several factors, including the death of a person, the lack of reconciliation with the victim’s family and the charge of leaving the scene of the crash.
Lawyer Turan Abdullazade said imprisonment is almost unavoidable in fatal traffic cases, particularly when the defendant has not reached a settlement with the family of the deceased.
According to him, courts often impose sentences of more than five years in such cases, especially when there is no formal reconciliation statement from the victim’s relatives.
Leaving the scene of the crash was an additional factor that made the sentence more severe.
Abdullazade explained that while a traffic accident itself may result from negligence, fleeing the scene is treated as a deliberate act and can significantly increase the punishment.
A suspended sentence would normally require several mitigating circumstances, including
- full compensation for material and moral damages,
- reconciliation with the victim’s family,
- an admission of guilt,
- genuine remorse,
- no prior criminal record,
- cooperation with investigators.
The court may also consider whether the victim partly contributed to the accident, for example by violating traffic rules.
However, even when several mitigating factors are present, they usually reduce the length of the sentence rather than eliminate imprisonment in a case involving a death.
The lawyer also said that being a woman does not automatically result in a lighter sentence. Pregnancy or responsibility for young children may be taken into account, but neither guarantees release or a suspended term.
“Even if compensation has been paid, the court may still impose a severe sentence if the victim’s family says no reconciliation was reached,” Abdullazade said.
He added that the sentence appeared reasonable because Hajiyeva was also convicted under Article 264 of Azerbaijan’s Criminal Code for leaving the scene of the accident.
“If she had not left the scene, it is possible that she could have remained free even after being sentenced,” the lawyer said.
AZE.US