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LAW OF THE REPUBLIC OF ARMENIA

of November 3, 2018 No. ZR-414

About the announcement of amnesty on criminal cases in connection with the 2800 anniversary of the basis of Erebuni-Yerevan and the 100 anniversary of declaration of independence of the first Republic of Armenia

Accepted by National Assembly of the Republic of Armenia on November 1, 2018

In commemoration of the 2800 anniversary of the basis of Erebuni-Yerevan and the 100 anniversary of declaration of independence of the first Republic of Armenia the National assembly of the Republic of Armenia announces amnesty.

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

1. This Law governs the relations connected with the announcement of amnesty concerning persons, suspects accused of crime execution or who committed crime till October 21, 2018 inclusive.

Chapter 2. Framework of application of amnesty

Article 2. Framework of application of amnesty

1. Having announced amnesty, to exempt from serving sentence:

1) persons sentenced to the punishment connected with imprisonment no more than four years;

2) persons concerning whom punishment was not conditional it is applied, or serving sentence was delayed;

3) persons sentenced to the punishments which are not connected with imprisonment.

4. Having announced amnesty, to exempt from serving sentence sentenced to imprisonment no more than six years:

1) disabled people of the first or second group;

2) women, pregnant women as of day of entry into force of this Law;

3) persons having as of day of entry into force of this Law of three or more minor children;

4) persons having as of day of entry into force of this Law of children up to three years;

5) persons which reached 60-year age;

No 6) persons who committed crime before achievement of 18-year age who in the past did not serve the sentence connected with imprisonment for making of deliberate crime or left however is had by criminal records;

7) the persons who are participants of the Great Patriotic War, fighting on defense of Afghanistan, the Republic of Armenia or the Artsakh Republic, or equated to them according to the procedure, established by the legislation of the Republic of Armenia, or the victims of political repression having the status and at the same time not serving in the past the sentences, the deliberate crime connected with imprisonment for making or who left which however do not have criminal records;

8) persons who are spouses, children or parents the serviceman, the died (dead) in the Great Patriotic War, in the fighting on defense of Afghanistan, the Republic of Armenia or the Artsakh Republic and which were at the same time not serving in the past sentences, the deliberate crime connected with imprisonment for making, or left, however not having criminal records.

3. Having announced amnesty, to exempt from serving sentence of the persons who were not serving in the past sentences in the form of imprisonment for making of deliberate crime, or left, however not having criminal records which were sentenced:

1) to imprisonment no more than six years and as of day of entry into force of this Law served at least one third of the imposed penalty;

2) to imprisonment no more than ten years and as of day of entry into force of this Law served at least a half of the imposed penalty.

4. Having announced amnesty, to exempt from serving sentence for making of inadvertent crime:

1) persons sentenced to imprisonment no more than six years;

2) persons sentenced to imprisonment no more than ten years and as of day of entry into force of this Law of served at least one third of the imposed penalty.

5. Reject initiation of legal proceedings, dismiss the brought criminal case, and also stop criminal prosecution or not perform criminal prosecution in cases of the crimes committed till October 21, 2018 inclusive (except as specified which led directly to the death of the person on which there is objection of the legal successor of the victim) in which:

1) persons can be accused or are accused of making of such crimes for which punishment - imprisonment no more than four years is prescribed;

2) persons provided by Items 1-8 of part 2 of this Article can be accused or are accused of making of such crimes for which punishment - imprisonment no more than six years is prescribed;

3) persons can be accused or are accused of making of inadvertent crimes for which punishment - imprisonment no more than six years is prescribed;

4) persons can be accused or are accused of making of such crimes for which only the punishment which is not connected with imprisonment is prescribed.

6. Part 5 of this Article is applied with observance of provisions of part 6 of Article 35 of the Code of penal procedure of the Republic of Armenia.

7. To reduce the amount of punishment appointed the court resolution which took legal effect:

1) on two thirds for persons who committed inadvertent crime;

2) half for the persons sentenced to imprisonment no more than ten years for making of deliberate crime and who were earlier not serving sentences in the form of imprisonment for making of deliberate crime or left, however not having criminal records;

3) on one third for the persons sentenced to imprisonment no more than ten years for making of deliberate crime and who earlier served sentence in the form of imprisonment for making of deliberate crime and having criminal record;

4) on quarter for persons sentenced to imprisonment more than ten years for making of deliberate crime.

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