Unofficial transfer (c) Soyuzpravoinform LLC
of May 27, 2021 No. ZR-199
Accepted by National Assembly of the Republic of Armenia on June 15, 2022
1. The penal legislation of the Republic of Armenia consists of of this Code, international treaties of the Republic of Armenia and other legal acts of the Republic of Armenia which contain criminal precepts of law or matter for application for application of the penal statute.
2. The regulations providing actus reus or punishment, or measure of criminal legal impact can be applied only after their inclusion in this Code.
1. Tasks of the penal legislation of the Republic of Armenia are protection of the interests provided by the law against criminal encroachments, the prevention of crimes, justice concerning responsibility of the legal entity, subject criminal liability, and person who committed crime, ensuring reintegration into society, resocialization of person who committed crime.
1. In this Code the following concepts are used:
1. person which is down and out - person who in connection with the physical or psychological state is not able to show resistance either to direct the actions or to realize nature of the act made in its relation, and also person which did not reach 12 years;
2. person who for the first time committed crime - person who did not commit crime earlier or made it, but was exempted from criminal liability, or the criminal record of which was extinguished or removed according to the procedure, established by this Code;
3. person which was injured from crime - person, the organization, society or the state, to the rights, freedom or legitimate interests of which by crime it is caused or harm if the crime would be complete, irrespective of recognition by his victim in procedural procedure could be done;
4. vulnerability of condition – the condition which appeared in which person has no such alternative accepted for it, than to obey to the abuse made in its relation;
5. the punishment connected with imprisonment - short-term imprisonment, content in disciplinary battalion, imprisonment, lifelong imprisonment;
6. the monthly income – 35 percent of the average monthly income gained by person during
12 months preceding day of completion of crime. In the average monthly income the received salary and other payments equated to it, income gained by person from activities of other persons with investment (provision) of the assets (dividends, percent, royalty, the rent) are estimated. In case of calculation of the monthly income the taxes paid on it, duties and other payments are not considered;
7. minimum wage – the size of the minimum monthly salary established by the Law "About the Minimum Monthly Salary";
8. the dwelling – the room, structure or their part provided or used for accommodation, respectively adjoining them the covered loggia, mezzanines, balcony, the cellar or penthouse or other room, or structure from which there is easy access to the room used or provided for accommodation, either structure, or their part, and also the hotel room, cabin, hospital chamber, separate compartment of the train, the river or ocean ship or other vehicle if they are constantly or temporarily used for accommodation;
9. violence – intentional application of physical impact concerning other person contrary to its will or in spite of himself, or causing to it by this method of physical harm;
10. imperious or office powers or use of the impact caused by them - use in accordance with the established procedure administrative powers or office powers or the authority following from official position concerning persons who are not under office supervision;
11. deception – intentional misstatement of reality with modification of concrete facts, the message of the false facts which are not existing actually, default of real intention or not message of such data which person owed report;
12. confidence abuse – intentional false representation of person certain behavior, promises or with use of the interpersonal relations which are available with person which was injured from crime, connected with future behavior of the criminal or other person either future or expected in the future facts or events;
13. blackmail – threat of disclosure of the data dishonoring person or his close relatives, or person which is on education, care or under the supervision of the close relative or
doing harm to the rights or legitimate interests of specified persons, or undesirable to person, or threat of deprivation of the rights, freedoms or their restrictions;
14. mercenary motivation – aspiration of receipt of property benefit or evasion from property costs or obligations for or other person;
15. other heavy effect or other essential harm – the circumstance constituting the equivalent effects or identical danger listed in the relevant article, part or Item of Article of the General part of this Code;
16. plunder – the non-paid address of alien property for benefit of the criminal or other person. Plunder is considered complete if the criminal had real possibility of the illegal order or use of this property;
17. the amount of plunder, the done property harm or property or benefit acquired or received in the criminal way – in this Code the amount of petty theft for stolen property, the done property harm or property or benefit acquired or received in the criminal way the amount (cost) which is not exceeding 500000 dram of the Republic of Armenia is considered, the amount (cost) which is not exceeding 5 million dram of the Republic of Armenia is considered the large size, the amount (cost) exceeding 5 million dram of the Republic of Armenia, except as specified provided by the Special part of this Code is considered especially large size;
18. the close relative - the spouse (spouse), the former spouse (the former spouse), the parent, including the nonnative parent, the adoptive father (adopter), the tutor, the child (including - adopted, nonnative, reception), the brother, the sister (including - nonnative), the grandfather, the grandmother, the grandson (granddaughter), the spouse (spouse), the former spouse (the former spouse) of the adoptive father or the tutor, the parent of the spouse (spouse), the former spouse (the former spouse), and also the son-in-law and the daughter-in-law – for the parent of the spouse (spouse), the former spouse (the former spouse). The spouse (spouse) who was the spouse (the former spouse) also the person which is or being in the actual matrimonial relations is considered;
19. close person – each person, life, health, interests or wellbeing of which represent importance for person that is caused with the personal relations which are available with this person;
20. official:
a) the public employee, person holding public position, person having power to act on behalf of the state non-profit organization or public institution, non-profit organization or organization of system of public administration, local government body created by the state or municipality, or performing from their name of function, the rights leading to origin, obligation or responsibility,
b) person, is permanent, temporary or with special powers the power holding position or performing service in the field of the public power, in the field of legislative, executive or judicial authority, or having to act on behalf of these structures, or performing from their name of function, the rights leading to origin, obligation or responsibility,
c) person, is permanent, temporary or with special powers the power holding position or performing service in the international or supranational public organization, or having to act on behalf of this organization or structure, or performing from their name of function, the rights leading to origin, obligation or responsibility,
d) the representative of representative body of the international or supranational public organization or structure performing such functions
e) person, is permanent, temporary or with special powers the power holding position or performing service in international court, or having to act on behalf of court, or performing on behalf of court of function, the rights leading to origin, obligation or responsibility,
e) barrister of court of other state or international court;
21. the employee of commercial or other organization – person who is competent to act on behalf of the commercial organization or not considered state or municipal non-profit organization or the organization which is not considered state or municipal or who is permanent, temporary or with special powers performs administrative, other managerial or control function from their name;
22. prostitution - periodic or with such intention making by one person with other person of actions of sexual nature for remuneration or other compensation or their promise;
23. child prostitution – use of the child for actions of sexual nature for remuneration or other compensation or their promise – irrespective of circumstance of provision of such remuneration or other compensation or their promise to the child or the third party;
24. the proceeding crime – continuous implementation of the same crime during long period of time;
25. the continued crime – the crime execution with one single intention directed against the same object with identical actions;
26. frequency – making of similar act twice and more time;
27. the document – the material or electronic medium containing the data having legal value.
1. Nobody can be brought to trial for act which at the time of making by crime was not considered.
2. Application of regulations of the Special part of the penal statute by analogy is forbidden.
3. Regulations of the Special part of the penal statute can be applied by analogy if it does not worsen condition of person.
1. Each physical person is subject to criminal liability only for the crime committed by it.
1. That physical person which made the act provided by this Code without fault or made it carelessly in case the law provides criminal liability for making of this act only intentionally is not subject to criminal liability.
1. Involvement of person who committed crime to criminal liability, application to it other measures of punishment or criminal law action or its release from criminal liability or punishment shall be fair – providing proportionality as the applied legislation, and the state counteraction concerning the committed crime, to circumstances of its making, the identity of the guilty person.
2. Involvement of person to criminal liability for making same crime repeatedly is forbidden, except as specified criminal prosecutions by other state for the crimes provided by Articles 133 - 154, 155, 308, 450 or 451 of this Code when person is unreasonably exempted from criminal liability or to it mild pinishment is unfairly imposed, or it is fully or partially unreasonably exempted from punishment execution.
1. Crime, punishability and other criminal consequence in law of act are determined by the penal statute existing during its making.
2. Time of the crime execution provided by this Code the moment of implementation of action or failure to act, irrespective of the moment of approach of effects is considered.
3. In case of the proceeding crime person is subject to criminal liability according to the penal statute existing at the time of detention, surrender or the end of act owing to other circumstances.
4. In case of the continued crime person is subject to criminal liability according to the penal statute existing at the time of making of the last of the acts covering single intention.
5. In case of crime execution in case of complicity each of helpers is subject to criminal liability according to the penal statute existing at the time of making of the act referred to it.
6. If the penal statute was changed during making of the act provided by the penal statute, then the law existing at the time of the end, the termination or suppression of act is applied.
1. The legislation establishing crime of act, strengthening punishment or otherwise the worsening situation of person who committed the crime or act provided by the penal legislation has no retroactive force.
2. The legislation fully or partially eliminating crime of act or commuting penalty has retroactive force. In the specified case it extends to persons who committed the crime or act provided by the penal legislation before its entry into force, in the relation still there is final procedural act which took legal effect.
3. The legislation fully or partially eliminating crime of act after the introduction in legal force of the final procedural act has retroactive force. The legislation commuting penalty after the introduction in legal force of the final procedural act has retroactive force if the imposed penalty is more strict, than punishment with the maximum term provided by the become effective legislation, or the appointed type of punishment is more strict than the most severe looking of punishment provided by the become effective legislation. In the specified case it extends to persons, before its entry into force who committed crime or the act provided by the penal legislation which serve sentence or left it, but have criminal record.
4. The legislation otherwise improving provision of person who committed crime or the act provided by the penal legislation, has retroactive force if it is provided by the law.
5. The intermediate penal legislation which became effective after crime execution or the act provided by the penal legislation, but voided before pronouncement of the final procedural act by competent authority is applied with retroactive effect according to the criteria provided by this Article.
6. The law which is partially mitigating and at the same time partially strengthening responsibility according to the criteria provided by this Article has retroactive force only in that part which mitigates responsibility.
1. The question of criminal liability of person who made the act provided by the penal statute in the territory of the Republic of Armenia is allowed by the Criminal code of the Republic of Armenia.
2. The act provided by the penal statute is considered made in the territory of the Republic of Armenia if one of its components was performed in the territory of the Republic of Armenia. The act provided by the penal statute is considered made in the territory of the Republic of Armenia also in that case when person in the time spent for the territory of the Republic of Armenia became assisting offender, made outside the territory of the Republic of Armenia.
3. The question of criminal liability of the person using the diplomatic immunity established for the foreign diplomatic, consular or international organizations, who made the act provided by the penal statute in the territory of the Republic of Armenia is allowed according to international treaties of the Republic of Armenia.
4. If person made the act provided by the penal statute in that place in the territory of the Republic of Armenia where the immunity established for diplomatic, consular foreign states or the international organizations is effective, then the question of its criminal liability is resolved by the Criminal code of the Republic of Armenia, except as specified, provided by international treaties of the Republic of Armenia.
1. The question of criminal liability of person who made the act provided by the penal statute by the civil ship or the aircraft which is in flight or other aircraft under the flag of the Republic of Armenia or with distinctive mark of the Republic of Armenia irrespective of the place of its stay, is allowed by the Criminal code of the Republic of Armenia if international treaties of the Republic of Armenia do not provide other.
2. The question of criminal liability of person who made the provided penal statute act on the civil aircraft which is not under the flag of the Republic of Armenia or not having identification mark, is solved under the Criminal code of the Republic of Armenia if it is provided by international treaties of the Republic of Armenia.
3. The question of criminal liability of person who made the act provided by the penal statute on the public or government vessel or the state aircraft or other flying object (military, police, customs) the Republic of Armenia, irrespective of the place of its stay is solved under the Criminal code of the Republic of Armenia.
1. The question of criminal liability of citizens of the Republic of Armenia, including persons with double citizenship, and also persons without citizenship who are constantly living in the Republic of Armenia, persons living in the Republic of Armenia in the status of the refugee, the persons who are looking for shelter or were granted asylum, made the act provided by the penal statute out of the territory of the Republic of Armenia is allowed by the Criminal code of the Republic of Armenia if the act made by them is recognized as crime by the legislation of the state of the place of its making and if they were not brought to trial for this act. If the act by specified persons provided by the penal statute is made in the territory which is not belonging to any state, then persons who made this act are subject to criminal liability under the Criminal code of the Republic of Armenia if for committed act as punishment imprisonment is provided. The person who is living in the Republic of Armenia in the status of the refugee, looking for shelter or was granted asylum which made the act provided by the penal statute out of the territory of the Republic of Armenia is not subject to criminal liability if there are conditions provided by international treaties of the Republic of Armenia.
2. The question of criminal liability of citizens of the Republic of Armenia, including persons with double citizenship, and also persons without citizenship who are constantly living in the Republic of Armenia, persons living in the Republic of Armenia in the status of the refugee, the persons who are looking for shelter or were granted asylum, made the act provided by the penal statute out of the territory of the Republic of Armenia in the cases established by international treaties of the Republic of Armenia is allowed by the Criminal code of the Republic of Armenia – irrespective of whether this act made in the territory of the state of the place of crime execution is considered.
3. The question of criminal liability of the foreign citizens who are in the territory of the Republic of Armenia, and the persons without citizenship who are constantly not living in the Republic of Armenia, made the act provided by the penal statute out of the territory of the Republic of Armenia is allowed by the Criminal code of the Republic of Armenia if the act made by them is the crime provided by international treaties of the Republic of Armenia and if they were not brought to trial for this act – irrespective of whether this crime made in the territory of the state of the place of crime execution is considered.
4. The question of criminal liability of person who made the act provided by the penal statute out of the territory of the Republic of Armenia is allowed by the Criminal code of the Republic of Armenia if committed act is directed against interests of the Republic of Armenia, the rights and freedoms of the citizen of the Republic of Armenia, including person with double citizenship, and also the person without citizenship who is constantly living in the Republic of Armenia, person living in the Republic of Armenia in the status of the refugee, person who is looking for shelter or who was granted asylum or the legal entity.
1. Involvement of person to criminal liability out of the territory of the Republic of Armenia is considered in case of its criminal prosecution, punishment, release from criminal liability or punishment.
2. If person is condemned for the committed crime in the territory of other state or international court and completely served sentence or is exempted from criminal liability and punishment, then it cannot be more brought to trial or punishment for this act in the Republic of Armenia, except as specified, provided by part 2 of article 7 of this Code. If person for the committed crime served sentence partially or yet did not serve it, then the left part of sentence is set off in case of criminal prosecution in the Republic of Armenia, and in case of punishment measures which offsetting is impossible, the left part of punishment is considered in case of involvement of person to criminal liability. Also the period during which person before condemnation or departure on execution of punishment contained in bondage according to the criminal procedural legislation is subject to offsetting.
3. The bases and conditions of release from punishment established by the legislation of the Republic of Armenia are applied to person serving the sentence established by court of foreign state or international court in the Republic of Armenia.
4. The rules provided by this Article are applied after recognition of the corresponding court resolution in the Republic of Armenia.
1. The basis of criminal liability is making as ended, and unfinished crime
1. Person who committed the crime provided by part of 1 Article 167, part of 1 Article 168, part of 1 Article 169, part of 1 Article 170, part of 1 Article 171, Article 172, Article 173, part of 1 Article 178, part of 1 Article 180, part of 1 Article 182, part of 1 Article 194, part of 1 Article 195, part of 1 Article 227, part of 1 Article 228, part of 1 Article 253, part of 1 Article 254, part of 1 Article 255, part of 1 Article 256, part of 1 Article 257, part of 1 Article 259, part of 1 Article 262, part of 1 Article 263, part of 1 Article 264, Article 265 or article 266 of this Code can be brought to trial only based on the criminal action of person, the victim of crime, except as specified, provided by the Code of penal procedure of the Republic of Armenia.
1. The act provided by this Code, prohibited by punishment threat is considered crime, he is guilty made by the subject of crime.
2. Act which is formal is not considered crime and contains the signs provided by the Special part of this Code, but owing to the small danger did not cause and could not do essential harm to physical person or legal entity, society or the state.
1. Crimes are classified by four groups: small weight, average weight, heavy and especially heavy.
2. The acts provided by this Code for which the maximum punishment prescribed by the Special part of this Code does not exceed term of deprivation of freedom for 2 years or for which the punishment which is not connected with imprisonment is prescribed are considered as crimes of small weight.
3. The acts provided by this Code for which the maximum punishment prescribed by the Special part of this Code does not exceed term of deprivation of freedom for 5 years are considered as crimes of average weight.
4. The acts provided by this Code for which the maximum punishment prescribed by the Special part of this Code, does not exceed imprisonment for a period of 10 years are considered as serious crimes.
5. The acts provided by this Code for which the Special part of this Code provides imprisonment for the term of over 10 years or lifelong imprisonment are considered as especially serious crimes.
1. The action prohibited by punishment threat or failure to act is considered the act provided by this Code.
2. The act made in case of failure to act attracts criminal liability if to person the legal act assigned obligation of making of action or such obligation followed from obligations assumed by it, or followed from his prior behavior which endangered the interests protected by the law or did them harm.
3. The act made in case of failure to act attracts criminal liability if person in this situation could execute the obligation.
1. Responsible physical person, 16 years to which it was performed at the time of crime execution, and also the legal entity.
2. Person, 14 years to which it was performed at the time of crime execution is subject to criminal liability for making of the crimes provided by Articles 155 - 161, Articles 166 - 170, Article 191, Article 198, Article 252, part 2 or 3 of Article 253, part 1 or 2 of Article 254, Article 258, part 2 or 3 of Article 264, Article 297, Article 338, Article 339, Article 397 or article 398 of this Code.
3. If person reached the age provided by part 1 or 2 of this Article however owing to lagging in intellectual development was not capable to realize illegality of the act or to direct the actions, then it is not subject to criminal liability.
4. If person reached the age provided by part 1 or 2 of this Article however owing to lagging in intellectual development was not capable to be fully aware of illegality of the act or to direct the actions, then in case of assignment of punishment it is considered as attenuating circumstance.
1. Special subject of crime is that person who committed crime who except signs of the general subject is allocated with the additional signs established by the Special part of this Code which give the grounds for its criminal prosecution for the corresponding crime, the Special part of this Code.
2. If person unreasonably received the status of the special subject owing to the or other person of illegal act and committed crime with the special subject, then it is subject to criminal liability for crime with the special subject, except as specified, provided by the Special part of this Code.
3. If the objective party of crime with the special subject of the Special part of this Code was made by person which is not allocated with signs of the special subject, it is subject to criminal liability for the crime provided by the Special part of this Code which signs are present at its act.
4. Person is not subject to criminal liability for crime with the special subject if it was allocated with signs of the special subject before crime execution, however at the time of crime execution these signs were absent.
1. Sanity is capability of person to realize illegality of the act at the time of crime execution and to direct the actions.
1. The responsible person who in case of crime execution was not fully aware of illegality of the act or could not direct completely the actions owing to problems with mental health is subject to criminal liability.
2. In case of assignment of punishment limited sanity is considered as attenuating circumstance and can form the basis for appointment along with punishment of enforcement powers of medical nature.
1. Person who made the act provided by this Code, prohibited by punishment threat is subject to criminal liability he is guilty.
2. The act provided by this Code, prohibited by punishment threat is considered committed is guilty if the made his face realized illegality of the act or though did not realize, however could realize it.
3. This Code is based on presumption of awareness of illegality of act or capability of understanding of it.
1. The subjective party of crime can be shown in the form of intention or imprudence.
2. The act made on imprudence is crime if it is provided by the Special part of this Code.
1. The crime is considered committed intentionally if person realizes the actual circumstances of the act which are signs of this actus reus.
2. The intention happens direct or indirect.
3. The crime is considered committed with direct intention if person realized the actual circumstances of the act which are signs of this actus reus, and making of this act is its purpose or means of goal achievement.
4. The crime is considered committed with indirect intent if person realized the actual circumstances of the act which are signs of this actus reus and though making of this act and implementation of this crime is not its purpose, nevertheless, makes it.
5. If the law connects completed crime with approach of dangerous effects, then the crime is considered intentionally committed if approach of these effects was the purpose of person or means of goal achievement, or it expected inevitability of their approach.
6. If the law connects completed crime with approach of dangerous effects, then the crime is considered committed with indirect intent if approach of these effects was not the purpose of person, however it expected real possibility of their approach and for it was indifferent, – they will come or not.
7. If person expected possibility of approach of one of set of criminal effects and for it was indifferent what of effects will come, then act is qualified on actually come effect. If any effect does not come, then act is qualified as the attempt covering intention perhaps of crime easiest in this situation.
8. The aggravating circumstances of intentional crime provided by this Code are imputed to person only in that case when it realized these circumstances.
9. If the aggravating circumstance of intentional crime is provided for approach of dangerous effects on imprudence, then it is imputed to person in that case when concerning it imprudence takes place. In this case the crime is considered committed intentionally.
1. The crime committed on imprudence can be shown in criminal presumption or criminal negligence.
2. The crime is considered committed with criminal presumption if person provides possibility of approach of dangerous effects of the act, however without good causes is sure that in this case they will be prevented.
3. The crime is considered committed with criminal negligence if person does not provide possibility of approach of dangerous effects of the act though in this situation owed and could expect them. The crime is considered committed due to negligence also in case of availability of the conditions provided by part 7 of article 28 of this Code.
1. Person who committed crime in the drunk (got drunk) condition owing to impact of alcohol, drugs, the psychotropic (psychoactive), toxic or other stupefying agents, their precursors or equivalent it substances (analogs) or their derivatives is subject to criminal liability.
2. Bringing person to drunk condition (state of intoxication) by physical or psychological compulsion, deception, and also contrary to will of person or with ignoring of its will is the circumstance commuting criminal liability and penalty of person who committed crime. If person brought to drunk condition (state of intoxication) by the same method was deprived of possibility of awareness of illegality of the act or to direct the actions, then it is not subject to criminal liability.
3. The drunk condition established by the Code of Administrative Offences of the Republic of Armenia is considered drunk condition (state of intoxication).
1. If person committing crime intentionally considers that in its act the aggravating circumstance provided by the law takes place, however it is absent, then act is qualified as attempt of crime with aggravating circumstance. If person committing crime intentionally considers that in its act the aggravating circumstance provided by the law does not take place, however it takes place, then act is qualified as attempt of crime without aggravating circumstance.
2. If person considers that in its act the aggravating circumstance provided by different Items of the same part of the same Article of this Code takes place, however one or several of them do not take place, then act is qualified as completed crime with aggravating circumstance which takes place in act of person.
3. If the intention of person is directed to damnification to strictly protected object, however in reality harm is done to poorly protected object, then act is qualified as attempt of the crime covering intention. If harm is by mistake done to equivalent object, then act is qualified on actually arisen circumstance.
4. If the intention of person is directed to damnification to poorly protected object, however in reality harm is done to strictly protected object, then it is subject to criminal liability for the crime covering intention.
5. If person makes act, however its dangerous effects covering intention arise not from its act, and for other reasons, then it is subject to criminal liability for attempt of the crime covering intention.
6. If person causes also other effects, except covered in intention, then person is brought to trial for these effects only when in their relation imprudence takes place.
7. If person does not realize the actual circumstances of the act, however could realize them, then it is subject to criminal liability for crime execution on imprudence if it is provided by this Code.
1. Person who made the act provided by this Code in diminished responsibility condition is not subject to criminal liability.
2. Person who at the time of making of the act provided by this Code did not realize illegality of the act is considered deranged or to direct the action owing to problems with mental health.
1. Person who made the act prohibited by punishment threat provided by this Code is not subject to criminal liability if did not understand illegality of the act and could not understand it in this situation and also if it did not provide possibility of dangerous effects of the act and in this situation did not owe or could not provide it.
1. Person who expected possibility of approach of dangerous effects of the action (failure to act) is not subject to criminal liability, did not wish their approach, however could not prevent their approach owing to psychological tension.
2. If person, предвидев possibility of approach of dangerous effects, could not prevent their approach owing to psychological tension, however itself put itself in such position or such situation, having provided possibility of approach of dangerous effects, could avoid making of action or failure to act, then it is subject to criminal liability.
1. Criminal liability person who made act in condition of justifiable defense is not subject, - that is in case of protection of life, health, the rights, freedoms, legitimate interests of the defending or other person, legitimate interests of society or the state against the illegal encroachments provided by this Code or against its real threat by damnification to the encroaching person if exceeding of limits of justifiable defense was not allowed.
2. The right to justifiable defense belongs to person, irrespective of possibility of evasion from encroachment or the request for the help to other persons or competent authorities, and also irrespective of professional or other special training and official capacity of person.
3. Exceeding of limits of justifiable defense intentional causing to the encroaching person of such harm which is not proportional to nature and danger of illegal encroachment and does not follow from need of protection is considered.
4. Intentional deprivation of the encroaching person of life is not considered exceeding of limits of justifiable defense if protection against encroachment in this situation was not possible with causing more little harm or the defending person in this situation did not realize or could not realize possibility of causing more little harm.
5. Act with exceeding of limits of justifiable defense is crime if it is provided by the Special part of this Code.
6. If the defending person owing to fear, nervousness, stress or other objective or subjective factors in this situation did not realize and could not realize that illegal encroachment or its real threat is absent, then the act doing harm is considered committed in condition of justifiable defense. If the defending person in this situation could realize that illegal encroachment is absent, then it is subject to criminal liability for damnification on imprudence. If the defending person in this situation allowed exceeding of justifiable defense, then it is subject to criminal liability for crime execution with exceeding of justifiable defense.
7. The condition of justifiable defense is absent if provocation of justifiable defense took place, - that is when the defending person for the purpose of causing to person of harm induces it to making of illegal encroachment.
1. Person who did harm to person who made the illegal encroachment provided by this Code during his detention for the purpose of its transfer to competent authorities or suppression of making of new illegal act by it is not subject to criminal liability if in this situation there were no other measures of detention which are not connected with damnification, or their availability was not realized and could not be realized by the detaining person and exceeding necessary for this purpose was not allowed died.
2. Exceeding of the measures necessary for detention of person who made the illegal encroachment provided by this Code their discrepancy to measures of detention, danger of act and the made his face, and also to circumstances of detention owing to which harm which was not caused by need of detention is intentionally done to person is considered.
3. The act made with exceeding of the measures necessary for detention of person who made the illegal encroachment provided by this Code is crime if it is provided by the Special part of this Code.
4. If the detaining person owing to fear, nervousness, stress or other objective or subjective factors in this situation did not realize and could not realize that encroachment is not illegal or is made not by this person, then such situation is considered damnification condition during detention of person who made illegal encroachment. If the detaining person in this situation could realize that illegal encroachment is not illegal or is made not by this person, then it is subject to criminal liability for damnification on imprudence. If person in this situation allowed exceeding of necessary measures for detention of person who made the illegal encroachment provided by this Code, then it is subject to criminal liability for crime execution with exceeding of necessary measures for detention of person who made illegal encroachment.
5. The possessory lien of person who made the illegal encroachment provided by this Code except persons authorized on it, also has each person.
1. Person who did harm to the interests protected by the penal statute in emergency condition is not subject to criminal liability, - that is, for elimination of danger, directly life-threatening, to health, the rights, freedoms or legitimate interests of this person or other persons if this danger in this situation could not be eliminated with other means, and were not allowed excesses of limits of emergency.
2. Intentional damnification which obviously did not correspond to nature and degree of the threatening danger and circumstances of elimination of danger is considered exceeding of limits of emergency if equal or more considerable harm in comparison with the prevented harm was done to the interests protected by the penal statute.
3. Exceeding of limits of emergency is absent if in case of direct threat of life or to health of person or his close relatives or relatives equal or more considerable harm in comparison with the prevented harm was done. This provision does not extend to persons to whose professional duties protection of life, health, the rights, freedoms or legitimate interests of other persons, legitimate interests of society and state belongs.
4. The condition of emergency is absent if the threat is created owing to the act made by the stopping her face. In this case its efforts directed to threat suppression are considered as the circumstance commuting criminal liability or criminal penalty.
5. If person doing harm in emergency condition did not manage to prevent the menacing danger, then it is subject to criminal liability for damnification on imprudence if it could realize that the measures undertaken by it were not sufficient for prevention of danger.
6. The condition of emergency is absent if emergency provoking took place, - that is when person for the purpose of damnification to the interests protected by the law the act created threat for other interests protected by the law, then did harm to the interests protected by the law, allegedly being in emergency condition.
1. Person who did harm to the interests protected by the law under the influence of force majeure is not subject to criminal liability.
2. Person who did harm to the interests protected by the law under impact or physical compulsion is not subject to criminal liability if thereof person could not realize the act or direct the actions.
3. The question of criminal liability in cases when harm as a result of such mental, and also physical compulsion which does not deprive person of opportunity to realize the act is done to the interests protected by the penal statute or to direct the actions, is allowed taking into account Article provisions 34 of this Code.
4. Person cannot be exempted from criminal liability on the bases provided by this Article if it for the purpose of damnification to the interests protected by the law itself created force majeure or other person induced to apply to it physical or mental compulsion to justification further of causing harm to the interests protected by the law by it impact of force majeure or physical or mental compulsion.
1. Person who did harm to the interests protected by the penal statute in case of reasonable risk on which it was solved for achievement of the useful, lawful purpose for person, society or the state is not subject to criminal liability.
2. The risk is considered reasonable if the pursued objectives could not be achieved without resorting to risk, to actions (failure to act) and person who resorted to risk took necessary measures for prevention of damnification to the interests protected by the penal statute.
3. The risk is not considered reasonable if it was obviously integrated to danger of death of other person or threat of emergency situation.
1. Person who did harm to the interests protected by the penal statute in case of execution of professional functions of person is not subject to criminal liability if the requirements established by legal acts for implementation of these professional functions were observed.
1. Person participating in sports competition or trainings which during the professional sports competition or professional training did harm to the interests protected by the penal statute is not subject to criminal liability if it followed the rules established for this sport.
2. Person which on imprudence caused the death of the person or severe harm to his health owing to intentional abuse of regulations, established for this sport is subject to criminal liability.
3. Person which intentionally did harm to the interests protected by the penal statute owing to intentional abuse of regulations, established for this sport is subject to criminal liability.
1. Person which did harm to the interests protected by the penal statute who made admissible the law or other legal acts act or executed the obligation assigned to it is not subject to criminal liability if the conditions established for their implementation by the law and other legal acts are complied.
1. Person which did harm to the interests protected by the penal statute who acted in pursuance of the order, obligatory for it, or the order made in accordance with the established procedure is not subject to criminal liability. Person who made the criminal order or the order is subject to criminal liability for causing such harm.
2. If person realized criminal nature of the order or order or did not realize it, however could realize and performed it, then it is subject to criminal liability.
3. Non-execution of obviously criminal order or order excludes criminal liability.
1. Person which did harm to the interests protected by the penal statute who in the procedure established by the law cooperated with the bodies performing operational search activities within the orders given for the purpose of assistance to disclosure, suppression of crime or receipt of proofs is not subject to criminal liability if for achievement of this purpose there were no measures which are not connected with damnification.
2. Person in case of cooperation with the bodies performing operational search activities is subject to criminal liability in case of making of the ended heavy or especially serious crime directed against the person.
3. If person in case of cooperation with the bodies performing operational search activities took part in the criminal organization or committed crime as a part of the criminal organization which is provided by the Special part of this Code in quality of aggravating circumstance, and the crime thanks to this aggravating circumstance is considered especially heavy or heavy or if the crime committed by it is considered especially heavy or heavy on the basis of making in "especially large" size, then it is not imputed to person cooperating with the bodies performing operational search activities.
1. The intentional crime can pass three stages: preparation for crime, attempted crime and completed crime.
2. Preparation for crime and attempted crime are considered as unfinished crime.
3. The intentional crime is considered ended if contains all signs of the actus reus including intention of the criminal.
4. Preparation for crime and attempted crime are qualified under the same Article of the Special part of this Code, as for completed crime, with reference to Article 43 or Article 44 of this Code.
1. Preparation for crime acquisition of means or tools, adaptation of means or tools or intentional creation of other conditions for crime execution intentionally is considered if person on the circumstances which are not depending on its will cannot begin making of the objective party of the crime including intention.
2. If acquisition of means or tools, adaptation of means or tools or intentional creation of other conditions for crime execution intentionally contains signs of other completed crime, then act is qualified on cumulative offenses.
1. That intentional action or failure to act which is directly directed to crime execution is considered attempted crime and contains the actus reus signs provided by the Special part of this Code, however the crime of person covering intention on the circumstances which are not depending on its will is not implemented owing to lack of any sign of this actus reus.
2. If in case of attempted crime the harm of the perpetrator covering intention does smaller harm, than it was covered in intention, then it is absorbed by intention of person.
3. If when implementing attempted crime bigger harm is done to the object covering intention of the perpetrator on imprudence, than it was covered in intention, or harm on imprudence or with direct intention is caused to other object, then act is qualified on cumulative offenses.
4. The attempted crime happens ended and unfinished.
5. The attempted crime is considered ended if person makes that act which was necessary and enough for bringing the crime covered in intention to the termination, and realizes that the crime is brought to the termination or not need to continue act for the termination of crime.
6. The attempted crime is considered unfinished if person realizes that bringing crime to the termination requires continuation of making of the begun act or making of new act.
1. The intentional joint participation of two and more persons in intentional crime which is subject to criminal liability is considered partnership.
2. Partnership is absent when person committing crime uses such person who is not subject to criminal liability by law or is not subject to criminal liability for this crime as the contractor.
1. The contractor, the instigator, the organizer and the helper are considered as accomplices.
2. Person who directly committed crime is considered the contractor or participated in its making together with other person (accomplice), and also committed crime with use of such person which is not subject to criminal liability by law or is not subject to criminal liability for this crime as the contractor, or committed crime on imprudence.
3. Person who inclined other person to crime execution by arrangement, material interest, threat or any different way is considered the instigator.
4. The instigator person who inclined other person to instigation is also considered or inclined other person to crime execution, using such person who is not subject to criminal liability by law for instigation or acted on imprudence.
5. Person who organized crime execution is considered the organizer or directed crime execution. The contractor also person who inclined other person to crime execution or management of crime execution is considered. The contractor also person who committed crimes is considered or directed crime execution through person who is not subject to criminal liability by law or acted on imprudence.
6. Person who helped crime councils, instructions, provision of information or means, tools or removal of obstacles, and also person who was in advance promising to hide the criminal, means or crime instruments, traces of crime or objects got in the criminal way and also person which was in advance promising to acquire or sell such objects is considered the helper.
7. The helper person who is also considered:
1. inclined other person to complicity;
2. in advance agreed to participation in crime as the collaborator, however during crime execution by other accomplice the presence strengthened determination of crime execution by perpetrator – directly without participating in crime;
3. helped crime in case of means of such person which are not subject to criminal liability by law or was effective on imprudence;
4. executed the objective party of special subjective crime as which subject it was not considered in case of instigation of the special subject or jointly with the special subject participated in accomplishment of the objective party of special subjective crime if there were no conditions provided by parts 4, of the 5 or 6 article 48 of this Code owing to which it is not considered the helper of special subjective crime.
1. Collaborators are subject to criminal liability under the same Article of the Special part of this Code. Dangerous effects are charged to all collaborators if their intention covered approach of these effects, - irrespective of, specifically from whose act there came these effects. If the crime of collaborators is not carried to the termination on circumstances, independent of their will, then the reference except Article of the Special part of this Code is made also on Article 43 or 44 of this Code.
2. The organizer, the instigator or the helper are subject to criminal liability under Article of the Special part of this Code providing responsibility for the crime covered in their intention with reference to article 46 of this Code. The reference to article 46 of this Code is not made if the organizer, the instigator or the helper participated in crime also as the collaborator.
3. In case of not bringing by the principal offender to the termination on circumstances, independent of its will, other accomplices bear responsibility for preparation for crime or attempted crime.
4. If the actions directed to the organization of crime instigation to it or complicity in it are not successful on the circumstances which are not depending on will of person, then it bears responsibility for the preparation for crime covered in its intention or attempted crime if part of the objective party of crime is executed.
5. Accomplices are subject to criminal liability only for those circumstances aggravating or mitigating crime which were realized by them. If aggravating circumstance of intentional crime is approach of dangerous effects on imprudence, then accomplices are subject to responsibility for this aggravating circumstance in case concerning these effects their imprudence takes place.
1. Person which is not considered as the special subject of crime which participated in crime execution with the special subject can be subjected to criminal liability for this crime only as the organizer, the instigator or the helper.
2. If person which is not considered as the special subject made the objective party of crime with the special subject in case of instigation of the special subject or together with it, then it is subject to criminal liability for complicity in this crime if in its act there is no other actus reus.
3. If person which is not considered as the special subject made the objective party of this crime with the special subject in case of instigation of the special subject or together with it, and in its act other actus reus takes place, then it is subject to criminal liability only for complicity to crime with the special subject if for crime with the special subject more stiff punishment, than for that crime which signs are available in act of person which is not the special subject is prescribed.
4. If person which is not considered as the special subject made the objective party of this crime with the special subject in case of instigation of the special subject or together with it, and in its act other actus reus takes place, it is subject to criminal liability only for that crime which signs are available in its act if for it more stiff punishment is prescribed.
5. If person which is not considered as the special subject made the objective party of this crime with the special subject in case of instigation of the special subject or together with it, and in its act other actus reus with special subject which subject is it takes place, then it is subject to criminal liability only as the contractor of this crime.
6. If person which is not the special subject of the crime specified in Article of the Special part of this Code made the objective party of this crime on the initiative, it is subject to criminal liability for the crime established by the Special part of this Code which signs are available in its act.
1. Committing by person of such crime which was not covered by intention of other accomplices is considered excess of the accomplice.
2. For excess of the accomplice other accomplices of criminal liability are not subject.
3. If person committing crime does harm to object, damnification to which it was agreed with accomplices, however does severer harm, than was agreed or commits agreed crime with aggravating circumstance which not were is covered by intention of other accomplices, or does harm to agreed object, but with making of more serious crime, than is performed also by the purpose of accomplices, then accomplices are subject to criminal liability for partnership in the crime covered by their intention.
4. If person committing crime instead of agreed commits the crime having smaller danger - having done harm to agreed object, then other accomplices are subject to criminal liability for attempt of the crime covered by their intention. If person committing crime instead of agreed commits the crime having smaller danger - having done harm instead of agreed object to other object, then other accomplices are subject to criminal liability for preparation for the crime covered by their intention.
5. If person committing crime instead of agreed does harm to other object, then other accomplices are subject to responsibility for preparation for the crime covered by their intention. In case of damnification instead of agreed to other object other accomplices are subject to responsibility for partnership in the crime covered by their intention if act of the making his face is more serious crime and the crime covered by intention of accomplices is its component and is absorbed by crime of the making his face.
1. The crime is considered made by group of persons without previous concert if such collaborators who prior to the beginning of crime did not agree with joint crime execution participated in crime execution.
2. The crime is considered made by group of persons by previous concert if such collaborators who prior to the beginning of crime agreed about joint crime execution participated in crime.
3. The crime is considered made by the criminal organization if it is made by the steady group consisting of three and more persons or consolidation of the groups created for making of one or several crimes. The crime is considered made by the criminal organization also in case the crime covered by intention of person who created it or leading it, is directly made at least by one member of group or person who is not her member - on its task.
4. The person who created the criminal organization or leading it is subject to criminal liability for creation of the criminal organization or management of it, and also for those crimes committed by the criminal organization which were covered by its intention.
5. The member of the criminal organization is subject to criminal liability for participation in the criminal organization, and also for making of crimes, in making or training of whom he participated.
6. In case of qualification of acts of persons provided by parts 4 and 5 of this Article, the reference to article 46 of this Code is not made.
7. If Article of the Special part of this Code as aggravating circumstance provides crime execution by group of persons – without specification of its method, and other methods are not provided in quality of the most aggravating circumstance, then act is qualified on aggravating circumstances, stipulated in Article the Special part of this Code. If crime execution by group of persons is provided by the corresponding part of Article of the Special part of this Code in quality of aggravating circumstance, then it is not charged to minor participants of crime.
1. Making of two or more crimes by the same person is considered plurality of crimes.
2. Types of plurality of crimes are cumulative offenses and recurrence of crimes.
3. Plurality of crimes is absent if the criminal record for prior crimes is extinguished or removed or person is exempted from criminal liability in the procedure established by the law.
4. Plurality of crimes is absent in case of one proceeding or continued crime.
5. Plurality of crimes is absent in case of the competition of the criminal precepts of law provided by the Special part of this Code.
1. In case of the competition of criminal precepts of law act is qualified under one Article or one part or one Item of Article of this Code.
2. If in one act of person the mitigating and aggravating circumstances of actus reus, then act at the same time take place it is qualified only under Article providing actus reus with attenuating circumstances.
3. If in one act of person aggravating and even more aggravating circumstances of actus reus at the same time take place, then act is qualified only under Article providing more aggravating circumstances of actus reus.
4. If in one act of person the mitigating and even more attenuating circumstances of actus reus, then act at the same time take place it is qualified only under Article providing actus reus with more attenuating circumstances.
5. If in one act of person general and special regulations of the Special part of this Code at the same time take place, then act is qualified only on special regulation.
6. If component of actus reus is making of other crime, then person is brought in it to trial separately only in that case when for this crime this Code prescribes punishment equal or more strict, than for that actus reus which component is this actus reus.
1. Cumulative offenses making by the same person of two or more crimes provided by this Code is considered one or more than one act if no it was brought in one of them to trial.
2. If in one act of person the aggravating circumstances provided by different Items of the same part of the same Article of this Code take place, then the cumulative offenses are absent. In this case in case of qualification of act all Items in which the provided circumstances take place in act of person are specified.
3. The cumulative offenses are absent also in cases of realization of the alternative crime components having the objective party when the same person with single intention makes more than one act entering into the objective party of this actus reus.
4. In case of cumulative offenses person is brought to trial for each crime under the relevant article or part of Article of the Special part of this Code.
1. Intentional crime execution by person having criminal record for the committed intentional crime is considered recurrence of crimes.
2. In case of assessment of recurrence of crimes is not considered the criminal record which:
1. it is removed in the procedure established by the law;
2. came owing to the crime committed before achievement of 18 years by person;
3. came owing to the assignment of punishment which is not connected with imprisonment.
1. Punishment is the measure of the state coercion appointed according to the court verdict on behalf of the state concerning person found guilty of crime execution and is expressed by deprivation of this person of the rights and freedoms or their restriction provided by this Code.
2. The purpose of punishment is recovery of social justice, resocialization of person subjected to punishment and the prevention of crimes.
1. Types of punishment are:
1. deprivation of honorary or military title, category, rank or qualification class or state award;
2. penalty;
3. social jobs;
4. deprivation of the right to hold certain positions or to be engaged in certain activities;
5. expulsion of the foreign citizen from the territory of the Republic of Armenia;
6. restriction on military service;
7. restriction of freedom;
8. short-term imprisonment;
9. content in disciplinary battalion;
10. imprisonment;
11. lifelong imprisonment.
1. Social jobs, restriction of freedom, short-term imprisonment, content in disciplinary battalion, imprisonment and lifelong imprisonment are applied only as primary punishments.
2. Deprivation of honorary or military title, the category, rank or qualification class or state award and expulsion of the foreign citizen from the territory of the Republic of Armenia is applied only as additional punishments.
3. The penalty, deprivation of the right to hold certain positions or to be engaged in certain activities and restriction on military service are applied in quality as the main, and additional punishments.
4. For one crime only one primary punishment can be imposed. One or several additional punishments can be attached to primary punishment.
1. In case of condemnation of person for crime the court, taking into account nature, the circumstances of crime characterizing the identity of the guilty person of data can deprive of it honorary or military title, the category, rank, qualification class or the state award.
1. Penalty is cash collection which is appointed in the cases and the size provided by this Code.
2. Fine as primary punishment can be ordered to pay in the cases provided by the Special part of this Code.
3. The penalty as primary punishment is established for crimes of small or average weight from the monthly income of person, fivefold to the fiftyfold size, which committed crime.
4. Fine as additional punishment can be ordered to pay for the heavy and especially serious crimes connected with causing property harm or committed with mercenary motives from the monthly income of person, double to the twentyfold size, which committed crime.
5. In case of absence at person who committed crime of the income or impossibility of determination of its size the size of penalty is estimated in the amount of minimum wage at the time of crime execution. The size of penalty is estimated in the same order if the income of person who committed crime arose after the termination of crime. The size of penalty is estimated in the same order also in that case when as a result of calculation of the monthly income of person its size turns out less than the size of minimum wage.
6. The state at the expense of the means which arose in the government budget using penalties can perform every year the social programs directed to indemnification, caused by injured crime. The principles, priorities of the indemnification caused by injured crime, procedure and the amount of compensation are established by the Government.
7. The possibility of appointment and the size of penalty is determined by court taking into account weight of the committed crime, nature and the extent of the harm done by crime, the benefits of property or non-property nature received by crime, property
provisions of the condemned person and his family, and also possibility of obtaining condemned the income or availability at it such property to which collection can be extended.
8. If the condemned person is not able to pay without delay and completely ordered to pay fine, then the court establishes for it payment due date as much as possible in 1 year or resolves payment in parts in the same time. If owing to deterioration in financial position of the condemned person after infliction of penalty it loses possibility of payment of penalty, then court taking into account provision of the condemned person:
1. prolongs the established final payment due date of penalty – as much as possible for 1 year;
2. appoints social jobs – with calculation of 24 hours of social jobs according to the size of minimum wage at the time of crime execution.
9. If as a result of calculation, stipulated in Item 2 parts 8 of this Article, duration of social jobs are exceeded by 270 hours, then social jobs lasting 270 watch are appointed. If as a result of calculation duration of social jobs constitutes less than 60 hours, then social jobs are appointed with such duration which turned out as a result of calculation.
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