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LAW OF THE REPUBLIC OF ARMENIA

of May 17, 2021 No. ZR-184

About the announcement of amnesty concerning persons which evaded from the next appeal on conscription military or alternative service

Accepted by National Assembly of the Republic of Armenia on May 6, 2021

For the purpose of creation of possibility of introduction of own contribution to development of economic, social, spiritual, cultural spheres of the Republic of Armenia,

based on vision of the maximum mitigation of post-war effects and by that ensuring sustainable development of the Republic of Armenia,

being guided by the principles of humanity and solidarity,

The national assembly 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 male citizens as of the date of entry into force of this Law of the reached 27 years which avoided the obligatory military service in ordinary structure or reached 35 years - in officers of inventory, or from the alternative service and suspects accused of crime execution in the form of evasion from the next appeal on conscription military or alternative service established by part 1 or 3 of article 327 of the Criminal code of the Republic of Armenia, or condemned for making of this crime (further - persons). This Law is applied to persons, suspects accused for crime execution, the Criminal code of the Republic of Armenia provided by part 3 of Article 327, or condemned for making of this crime only if the act provided by part of 1 same Article was made in the period of warlike situation.

Chapter 2. Framework of application of amnesty

Article 2. Framework of application of amnesty

1. Having announced amnesty, to refuse initiation of legal proceedings, to stop production on the brought criminal case, and also not to perform criminal prosecution or to stop criminal prosecution of persons who can be accused or are charged by part 1 or 3 of article 327 of the Criminal code of RA.

2. Part 2 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.

3. Having announced amnesty, to exempt from punishment of persons:

1) which were sentenced to the punishment connected with imprisonment;

Concerning which 2) punishment was not conditional is applied, or serving sentence is postponed;

3) which were sentenced to the punishment which is not connected with imprisonment.

4. Having announced amnesty, to stop the control exercised concerning persons which are conditionally ahead of schedule exempted from serving sentence.

5. Not apply amnesty:

1) concerning persons who are wanted before entry into force of this Law, except for persons who till December 31, 2021 inclusive will personally voluntarily be in criminal prosecution authorities and if case is in judicial proceedings - in court;

2) concerning persons, with which in case within the last ten years:

and. the appointed measure of punishment is reduced based on the presidential decree of the republic about pardon or the law on the announcement of amnesty or the act of National assembly of amnesty and which can be charged after that or are charged by part 1 or 3 of article 327 of the Criminal code of the Republic of Armenia or are condemned for crime execution, the Criminal code of the Republic of Armenia provided by part 1 or 3 of Article 327, or

. exempted from serving sentence based on the presidential decree of the republic about pardon or the law on the announcement of amnesty or the act of National assembly of amnesty and which can be charged after that or are charged by part 1 or 3 of article 327 of the Criminal code of the Republic of Armenia or are condemned for crime execution, the Criminal code of the Republic of Armenia provided by part 1 or 3 of Article 327, or

century criminal prosecution was not performed, or criminal prosecution was stopped based on the law on the announcement of amnesty or the act of National assembly of pardon and which can be charged after that or are charged by part 1 or 3 of article 327 of the Criminal code of the Republic of Armenia or are condemned for crime execution, the Criminal code of the Republic of Armenia provided by part 1 or 3 of Article 327;

3) concerning persons who committed the crime provided by part 1 or 3 of article 327 of the Criminal code of the Republic of Armenia in the period of the probation period established based on parole from punishment or conditional non-use of the penalty imposed on another matter.

Chapter 3. Final part and transitional provisions

Article 3. The introduction of the Law in force

1. This Law becomes effective next day after its official publication.

Article 4. Action and ensuring application of the Law

1. In case of application of amnesty the issue of repayment of criminal record is resolved in the procedure established by the law.

2. Concerning persons which are on treatment for alcoholism or drug addiction in places of detention, amnesty is applied after passing of the corresponding course of treatment.

3. To assign execution of this Law:

1) on Trial Courts of the general jurisdiction and Appeal criminal courts:

and. concerning persons concerning whom cases are in Trial Court of the general jurisdiction or Appeal criminal court however before entry into force of this Law were not considered, or concerning persons concerning whom cases were considered, however sentences did not take legal effect;

. to persons concerning whom punishment was not conditional it is applied, or serving sentence was postponed. For specified persons the issue of application of this Law is resolved by court based on the petition of the competent authority exercising control of behavior of the convict;

2) on Appeal criminal court - concerning persons condemned by courts of the Republic of Armenia which serve sentence outside the Republic of Armenia;

3) on Court of cassation - concerning persons, on cases concerning relation writs of appeal were accepted to production of Court of cassation;

4) on criminal prosecution authorities - concerning persons, cases or materials concerning which consider the specified bodies;

5) on chiefs of criminal and executive organizations of the Ministry of Justice - concerning persons serving sentence in criminal and executive organizations;

6) to service of probation of the Ministry of Justice - concerning persons, which:

and. were sentenced to the punishment which is not connected with imprisonment;

. are conditionally ahead of schedule exempted from serving sentence, and control of their behavior is exercised.

4. Supervision of legality of the decisions on application of amnesty made by chiefs of bodies of inquiry and pretrial investigation, criminal and executive organizations of the Ministry of Justice, service of probation of the Ministry of Justice is performed in the procedure established by the Law.

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