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LAW OF THE REPUBLIC OF ARMENIA

of June 18, 2022 No. ZR-144

About enforcement of the Criminal code of the Republic of Armenia

Accepted by National Assembly of the Republic of Armenia on June 9, 2022

Article 1. Enforcement of the Criminal code of the Republic of Armenia:

1. This Law since July 1, 2022 the Criminal code of the Republic of Armenia of May 5, 2021 becomes effective (further - the Criminal code of the Republic of Armenia).

2. From coming into force of the Criminal code of the Republic of Armenia to declare invalid the Criminal code of the Republic of Armenia of April 18, 2003 and the Law of April 18, 2003 of ZR-529-N "About enforcement of the Criminal code of the Republic of Armenia".

3. All laws and sublegislative regulatory legal acts existing in the territory of the Republic of Armenia before entry into force of the Criminal code of the Republic of Armenia are subject to reduction in compliance with the Criminal code of the Republic of Armenia.

Article 2. Release from punishment based on complete elimination of crime of act owing to enforcement of the Criminal code of the Republic of Armenia

1. After entry into force of the Criminal code to exempt from the primary and additional punishments of persons condemned on the sentences under the Criminal code of the Republic of Armenia of April 18, 2003 which became effective till July 1, 2022, committed which acts under the Criminal code of the Republic of Armenia are not considered as crimes.

Article 3. Delay of application of measures of criminal law action based on complete cancellation of crime of act owing to enforcement of the Criminal code of the Republic of Armenia

1. After entry into force of the Criminal code of the Republic of Armenia to stop application of enforcement measures of educational and medical nature concerning persons, committed which acts under the Criminal code of the Republic of Armenia are not considered as crimes, and the sentence or the decision on application of enforcement measures of medical nature concerning which were accepted under the Criminal code of the Republic of Armenia accepted on April 18, 2003 and took legal effect till July 1, 2022.

2. After entry into force of court resolution about application of enforcement measure of medical nature immediately, but no later than within 72 hours the psychiatric organization considers question of availability of the bases for involuntary hospitalization of person according to the procedure, established by the Law "About Mental Health Services and Servicing".

Article 4. Releases from punishment in the form of confiscation of property owing to enforcement of the Criminal code of the Republic of Armenia

1. After entry into force of the Criminal code of the Republic of Armenia to exempt from punishment in the form of confiscation of property of persons concerning whom sentence became effective till July 1, 2022 however punishment in the form of confiscation of property was not performed, or the sentence became effective for July 1 or after that.

Article 5. Reduction in compliance based on partial cancellation of crime of act owing to enforcement of the Criminal code of the Republic of Armenia

1. Acts of persons condemned under the Criminal code of the Republic of Armenia from April 18, 2003 to July 1, 2022 which crime after entry into force of the Criminal code of the Republic of Armenia was partially cancelled to bring into accord to the Criminal code of the Republic of Armenia.

Article 6. Reduction in compliance of term of punishment or type of punishment owing to enforcement of the Criminal code of the Republic of Armenia

1. The term of the penalty imposed applied or applied concerning the persons condemned in compliance with the Criminal code of the Republic of Armenia of April 18, 2003 and who did not serve sentence or serving sentence or concerning persons who served sentence however have criminal record, to bring into accord with the Criminal code of the Republic of Armenia when the penalty imposed concerning the convict is more strict than the maximum term of the punishment prescribed by the relevant article of the Criminal code of the Republic of Armenia, or appointed type of punishment is more strict than the most severe looking of the punishment prescribed by the relevant article of the Criminal code of the Republic of Armenia, also taking into account provisions of general part of the Criminal code of the Republic of Armenia.

Article 7. Reduction in compliance of punishments in the form of arrest or short-term imprisonment owing to enforcement of the Criminal code of the Republic of Armenia

1. After entry into force of the Criminal code of the Republic of Armenia to give the penalty imposed concerning the persons condemned on punishment in the form of arrest according to the Criminal code of the Republic of Armenia of April 18, 2003 and serving sentence in compliance with the punishment in the form of short-term imprisonment prescribed by the Criminal code of the Republic of Armenia.

Article 8. Reduction of collection in compliance with confiscation of property, the income or other type of benefit of criminal origin, the tool, means or subject of crime owing to enforcement of the Criminal code of the Republic of Armenia

1. After entry into force of the Criminal code of the Republic of Armenia to bring the collection applied according to the Criminal code of the Republic of Armenia of April 18, 2003 into accord with confiscation of property, the income and other type of the benefit of criminal origin, the tool, means or subject of crime provided by the Criminal code of the Republic of Armenia if the sentence became effective till July 1, 2022 however the property was not collected, or the sentence became effective for July 1, 2022 or after that.

Article 9. Application of rules of criminal record owing to enforcement of the Criminal code of the Republic of Armenia

1. From coming into force of the Criminal code of the Republic of Armenia to consider not having criminal record of persons who served or serve sentence for such act which crime is completely cancelled by the Criminal code of the Republic of Armenia.

2. From coming into force of the Criminal code of the Republic of Armenia to consider not having criminal record of persons exempted from punishment who were condemned for such act which crime is completely cancelled by the Criminal code of the Republic of Armenia.

3. To give to part 5 of article 93 of the Criminal code of the Republic of Armenia retroactive effect in improvement of the situation of the condemned person.

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