of January 18, 2005 No. ZR-60
Accepted by National Assembly of the Republic of Armenia on December 24, 2004
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
4. The procedure the convict of the rights, freedoms and obligations is established by this Code, and also the internal mode of correctional facilities. The convict when implementing the rights, freedoms and obligations shall not violate procedure and conditions of serving sentence, and also to infringe upon the rights or legitimate interests of other persons.
5. The rights and obligations of the condemned foreign citizens or stateless persons are established by this Code, other laws, and also international treaties of the Republic of Armenia.
To receive 1) on native or other language of the data clear to it on the rights, freedoms and obligations, about procedure and conditions of execution of the penalty imposed by court, their changes, about statements and protests, and also about the relevant international documents;
2) on the polite treatment of him;
3) to address as personally, and through the defender or the legal representative with statements, protests on violations of its rights and freedoms to administration of body or the organization performing punishments, their higher bodies in court, prosecutor's office, to the defender of human rights of the Republic of Armenia, in state bodies and local government bodies, public associations and batches, mass media, and also in the international bodies or the organizations for protection of human rights and freedoms;
4) on health protection, including receipt of sufficient nutrition, medical care;
5) on social security;
6) to receive legal aid;
7) on ensuring personal security;
8) on freedom of thought, conscience and religion;
9) to keep in contact with the outside world, including to correspond, have appointments, to use telephone communication, literature and available information means;
10) on rest, including the right to walks in the open air or physical exercises, and eight-hour night dream;
11) on the address to him on his name or surname;
12) to request personal acceptance to the head of body or organization, performing punishments, in the bodies exercising supervision and control of activities of this body or organization;
13) to participate in civil transactions;
14) to get the available and provided by the law education, to be engaged in creative activity;
15) to acquire additional food and necessities in shop or booth of the organization performing punishment or through its administration;
16) to receive and send money transfers, transfers and sending.
17) to receive the ID card according to the procedure, established by the Law of the Republic of Armenia "About ID cards".
2. Other rights established by the law can be granted to the convict.
3. The condemned foreign citizen has the right to establish and keep in contact with diplomatic representation or consular establishment of the state in the Republic of Armenia. The convict who is the citizen of the country which does not have in the Republic of Armenia of diplomatic representation or consular establishment, and also the convict refugee or the convict who does not have nationality have the right to establish and keep in contact with diplomatic representation or consular establishment of the state which undertook protection of interests of these persons or with any national or international body which is engaged in their protection.
4. The foreign citizen or the condemned person without citizenship containing in correctional facility has the right according to the procedure, the stipulated in Clause 13 Laws of the Republic of Armenia "About refugees and shelter", to provide to the body performing punishment, or administration of organization request for shelter in the Republic of Armenia which according to the procedure, established by the Government of the Republic of Armenia, is subject to transfer by the body performing punishment or administration of organization in authorized body of the Government of the Republic of Armenia concerning migration.
1. The convict shall:
1) to show right obedient behavior, to carry out and observe requirements of the legal acts establishing procedure and conditions of serving sentence or the enforcement powers of medical nature connected to execution of the punishment;
2) to show polite the attitudes towards employees and employees of the bodies or organizations performing punishments towards persons visiting these bodies and organizations and to other convicts;
3) to follow rules of personal and general hygiene;
4) it is careful to handle property of the organizations performing punishments;
5) to fulfill legal requirements of administration of body or organization, performing punishment.
2. In case of non-execution of the obligations, and also legal requirements of administration of the bodies and organizations performing punishments, the convict is made responsible, established by the law.
The rights and obligations of the convict established by this Code are differentiated, in view of type of the penalty imposed by the court verdict, in some cases also type of correctional facility and the internal mode set in it.
1. The convict can submit the offers, applications and protests daily both in written, and in oral form. Written protests not later than within one day go to addressees.
2. Offers, statements and protests of the convict are not subject to censorship.
3. Offers, statements and protests of the convict concerning decisions and the actions of administration of organization or body performing punishment do not stop execution of these decisions and actions.
4. The bodies and officials considering offers, statements and protests of the convict shall consider them according to the procedure and the terms established by the legislation of the Republic of Armenia and about the made decision to report the convict.
5. Prosecution of the convict in any form in case of submission is forbidden to them of offers, statements, protests on violation of its rights and legitimate interests. Persons performing such prosecution bear the responsibility established by the legislation.
Correction of the convict is forming at it of respect for the person, society, rules and traditions of the hostel, and also stimulation of right obedient behavior for the purpose of fixing and development in the condemned healthy lifestyle.
1. Fixed assets of correction of the convict are the established procedure and conditions of execution and serving, the social, psychological and legal work which is carried out with the convict, labor, educational, cultural, sports and other similar employment of the convict, and also public impact condemned punishments. Separate types of correction for minors are obligatory.
2. Cures are applied taking into account type of punishment, the identity of the convict and his behavior in term of imprisonment, nature and degree of public danger of the committed crime, the relation of the convict to the crime committed by it, the term of punishment, type of correctional facility, and also other circumstances caused by the principle of differentiation and individualization of punishment.
3. Participation of the convict in social, psychological, legal and educational work is considered in case of determination of extent of its correction, and also in case of application to it in accordance with the established procedure died encouragement and penalties.
1. The administration of body or organization, performing punishment, reports to court about execution of the punishment.
2. In the cases and procedure established by the law, the court considers protests of the body condemned on actions of administration or the organizations performing punishment.
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