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PENITENTIARY CODE OF THE REPUBLIC OF ARMENIA

of January 18, 2005 No. ZR-60

(The last edition from 18-07-2018)

Accepted by National Assembly of the Republic of Armenia on December 24, 2004

General part

Section 1. Basic provisions

Chapter 1. General provisions

Article 1. Criminal and executive legislation of the Republic of Armenia

1. The criminal and executive legislation of the Republic of Armenia consists of of this Code and other legal acts.

2. The penitentiary code of the Republic of Armenia is based on the Constitution of the Republic of Armenia and on the principles and rules of international law.

Article 2. Tasks of the Penitentiary code of the Republic of Armenia

1. Tasks of the Penitentiary code of the Republic of Armenia are establishment of procedure and conditions of execution of criminal penalties (further - punishments) and applications and servings of the enforcement powers of medical nature connected to execution of the punishment, providing the conditions necessary for correction of the convict, protection of its rights and freedoms.

2. For implementation of tasks of this Code the Penitentiary code of the Republic of Armenia fixes the basis of execution of the punishment, the principles of the criminal and executive legislation, legal status of the convict, guarantee of providing its rights and freedoms, procedure for application of the enforcement powers of medical nature connected to execution of the punishment, execution of separate types of punishment, purpose of probation period in case of conditional non-use of punishment and control during probation period, and also release from punishment.

Article 3. Operation of the criminal and executive legislation in time and in space

1. The criminal and executive legislation of the Republic of Armenia is applied in the territory of the Republic of Armenia.

2. Execution of punishments is regulated by the criminal and executive legislation existing at the time of their execution. The laws and other legal acts directed to strengthening of procedure and conditions of execution of punishments, applications and servings of the enforcement powers of medical nature connected to execution of the punishment or otherwise worsening situation of the convict have no retroactive force.

Article 4. The basis of execution of the punishment and application of the enforcement powers of medical nature connected to execution of the punishment

The basis of execution of the punishment, and also application of the enforcement powers of medical nature connected to execution of the punishment the sentence or the resolution, and also the act of amnesty or the act of pardon which took legal effect are.

Article 5. Principles of the criminal and executive legislation

The criminal and executive legislation of the Republic of Armenia is based on the principles of humanity, legality, equality of convicts before the law, differentiation and individualization of execution of the punishment, punishment combination to cures.

Article 6. Principle of humanity

1. Execution of the punishment, and also application of the enforcement powers of medical nature connected to execution of the punishment shall not be followed by physical abuse over the personality, and also such actions which can entail social and psychological degradation of the personality.

2. Any person imprisoned according to the court verdict shall not be subjected to tortures, or other to the cruel, brutal or degrading its advantage address, or punishment. No circumstance can form the basis for justification of tortures, or other cruel, brutal either degrading treatment, or punishment.

Article 7. Principle of legality

Officials of bodies and organizations of execution of the punishment have the right to perform only the operations assigned to them under the law. Actions of officials can be protested in court or other body provided by the law.

Article 8. Principle of equality of convicts before the law

The procedure and conditions of execution of the punishment extend to all convicts irrespective of floor, race, skin color, language, religion, political or other convictions, national or social origin, belonging to ethnic minority, the birth, property or other status.

Article 9. Principle of differentiation and individualization of execution of the punishment

Differentiation and individualization of execution of the punishment is the rational application of enforcement measures, methods of correction of the convict and stimulation of his right obedient behavior performed by differentiation and individualization of the identity of the convict.

Article 10. Principle of combination of punishment and cures

For the purpose of correction and social resettlement of the convict, and also forming at it right obedient behavior punishment can be combined with the cures provided by the law.

Chapter 2. Legal status of the convict

Article 11. Legal status of the convict

1. The Republic of Armenia in case of execution of the punishment protects the rights, freedoms and legitimate interests of the convict, provides legality of the enforcement measures applied to the convict.

2. In case of execution of the punishment of the right and freedom of the convict can be limited to the court verdict, this Code and other laws.

3. The convict can be exempted from execution of civil obligations only in the cases provided by the law.

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