Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF ARMENIA

of March 21, 2018 No. ZR-149

About pardon

(as amended of the Law of the Republic of Armenia of 20.05.2020 No. ZR-266)

Accepted by National Assembly of the Republic of Armenia on March 7, 2018

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

1. This Law governs the relations connected with pardon, representation and consideration of petitions for pardon, and also control of execution of decrees on pardon.

Article 2. Legislation on pardon

1. The relations connected with pardon are regulated by the Constitution of the Republic of Armenia, the Criminal code of the Republic of Armenia, the Code of penal procedure of the Republic of Armenia, the Penitentiary code of the Republic of Armenia and this Law.

Article 3. The basic concepts used in the Law

1. In this Law the following basic concepts are used:

1) pardon - humanitarian manifestation by means of which the president of the Republic of Armenia in the cases and procedure established by this Law can exempt fully or partially person condemned for crime both from the basic, and from additional punishment or to replace unexpired part of punishment with softer type or the amount of punishment;

2) the petition for pardon - the written application which person condemned for crime submits to the ministry developing and performing policy of the Government in the field of justice, for the purpose of talent of pardon the president of the Republic of Armenia;

Chapter 2. Procedure for giving and consideration of petitions for pardon

Article 4. Procedure for submission of petitions for pardon

1. Each person condemned for crime only after the introduction of sentence in legal force has rights to submission of the application.

2. Other persons can submit pleas for mercy. In case of submission of pleas for mercy they are applied to the petition for pardon submitted person provided by part of 1 this Article. Pleas for mercy are not considered if there is no petition for pardon of person provided by part of 1 this Article. In case of refusal from consideration of pleas for mercy they return.

3. The petition for pardon includes:

1) name, surname of person submitting the petition for pardon;

2) specifying about the place of the notification;

3) short description of case;

4) essence of the request stated in pardon;

5) the relation of the convict to the crime committed by it;

6) the circumstances proving the petition for pardon;

7) other circumstances deserving attention according to person submitting the petition for pardon.

4. In the presence of pleas for mercy person submitting the petition for pardon can attach them to the petition for pardon.

5. Non-compliance with the requirements imposed to the petition for pardon provided by part 3 of this Article is not obstacle for consideration of the petition for pardon unless the petition for pardon it is impossible to identify the giving his face.

6. Petitions for pardon move persons provided by part of 1 this Article, personally, by mail or represented or go through the body performing punishment with the digital signature to the Ministry developing and performing policy of the Government in the field of justice (further - the Ministry).

7. In case of sending petitions for pardon through the body performing punishment, the administration of the body performing punishment sends petitions for pardon to the Ministry within three working days after their obtaining.

8. Pleas for mercy move persons provided by part 2 of this Article, personally, by mail or are represented with the digital signature to the Ministry. In case of submission of pleas for mercy to the Prime Minister of the Republic of Armenia (further - the Prime Minister) or to the president of the Republic of Armenia (further - the President of the republic) they within three working days after obtaining go to the Ministry if the petition for pardon is not respectively at the Prime Minister or the President of the republic.

9. The petition for pardon is not considered and returns to the given his face if it after submission of the petition for pardon was conditionally ahead of schedule exempted from serving sentence under amnesty or on other bases of release from punishment provided by the law and also if the term established by part 2 or 3 of article 7 of this Law did not expire.

Article 5. Procedure for consideration of petitions for pardon

1. For the purpose of consideration of the petition for pardon Ministry in a month from the moment of receipt of the petition for pardon constitutes the personal record of person which submitted the petition for pardon and represents it to the Prime Minister.

2. The personal record of person which submitted the petition for pardon (further - the personal record) is constituted based on the data provided by Criminal and executive service, Service of probation or the ministry developing and performing policy of the Government in the field of defense. The bodies provided by this part shall submit the information required in the Ministry within ten-day term from the moment of receipt of request of the Ministry.

2.1. In case of submission of the petition for pardon by person condemned for crime against the person the ministry before submission of the personal record to the Prime Minister notifies the victim or his legal successor. The victim or his legal successor after receipt of the notification of the ministry, but no later than representation by the Prime Minister to the President of the republic of the offer on pardon of person which submitted the petition for pardon or about refusal in pardon, can provide to the ministry written opinion on pardon or on refusal in pardon. Non-presentation of opinion in the specified time is not obstacle for consideration of the petition for pardon.

3. The personal record shall include the petition for pardon submitted person condemned for crime, pleas for mercy (in the presence), written opinion (in the presence) the victim or his legal successor about pardon or refusal in pardon, the copy of the court resolution which is taken out concerning it and took legal effect, the characteristic of the behavior shown by it during serving sentence, the social and psychological characteristic, and also the summary certificate of the circumstances researched during consideration of petitions for pardon, stipulated in Article 6 these Laws.

4. No later than in 10-day time after receipt of the personal record Prime Minister sends it to the Advisory commission on consideration of questions of pardon (further - the Commission) for the purpose of receipt of the conclusion according to the petition for pardon.

5. Considering nature and importance of the petition for pardon, in exceptional cases the Prime Minister can provide the offer on pardon to person which submitted the petition for pardon, to the President of the republic without representation of question for consideration of the Commission.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.