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CRIMINAL CODE OF THE REPUBLIC OF ARMENIA

of April 29, 2003 No. ZR-528

(as amended on 18-01-2021)

Accepted by National Assembly of the Republic of Armenia on April 18, 2003

General part

Section 1. Penal statute

Chapter 1. Tasks and principles of the penal legislation

Article 1. Penal legislation of the Republic of Armenia

1. The penal legislation of the Republic of Armenia consists of of this Code. The new laws providing criminal liability join in the Criminal code of the Republic of Armenia.

2. The criminal 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 Criminal code of the Republic of Armenia

1. Tasks of the Criminal code of the Republic of Armenia are protection of rights and freedoms of man and citizen, rights, property of legal entities, the environment, public order and public safety, the constitutional system, the world and safety of mankind from criminal encroachments, and also the prevention of crimes.

2. For implementation of these tasks the Criminal code of the Republic of Armenia fixes the basis of criminal liability and the principles of the penal legislation, determines what socially dangerous acts are recognized crimes, and establishes types of punishments and other measures of criminal law action for their making.

Article 3. Basis of criminal liability

The single basis of criminal liability is crime execution, that is the act comprising all signs of the actus reus provided by the penal statute.

Article 4. Principle of the penal legislation

The criminal code of the Republic of Armenia is based on the principles of legality, equality before the law, inevitability of responsibility, the personal liability, guilty responsibility, justice, individualization of responsibility and humanity.

Article 5. Principle of legality

1. Crime of act, its punishability and other criminal consequence in law are determined only by the penal statute.

2. Application of the penal statute by analogy is forbidden.

Article 6. Principles of equality before the law

Persons who committed crime are equal before the law and races, skin colors, ethnic or social origin, genetic features, language, religion, outlook, political or other views, accessory to ethnic minorities, property status, origin, disability or other circumstances of personal or social nature are subject to criminal liability regardless of floor.

Article 7. Principle of inevitability of responsibility

1. Each person who committed crime is subject to the punishment prescribed by the Criminal code of the Republic of Armenia or other criminal law action.

2. Release from criminal liability and punishment is possible only in the presence of the bases and conditions provided by the Criminal Code of the Republic of Armenia.

Article 8. Principle of the personal liability

Person is subject to criminal liability only for the crime committed by it personally.

Article 9. Principle of guilty responsibility

1. Person is subject to criminal liability only for those socially dangerous action or failure to act and socially dangerous effects concerning which his guilt is ascertained by competent court.

2. Objective imputation, that is criminal liability for innocent damnification, is forbidden.

Article 10. Concept of justice and individualizations of responsibility

1. The punishment and other measures of criminal law action applied to person who committed crime shall be fair, that is correspond to weight of crime, circumstances of its making, the identity of the guilty person, shall be necessary and sufficient for its correction and the prevention of new crimes.

2. Repeated condemnation of person for the same crime is forbidden.

Article 11. Principle of humanity

1. The criminal code of the Republic of Armenia serves ensuring physical, mental, material, ecological and other safety of the person.

2. Nobody shall be exposed to tortures or the cruel, brutal or degrading its advantage address or punishment.

Chapter 2. Action of the penal statute in time and in space

Article 12. Action of the penal statute in time

1. Crime and punishability of act are determined by the penal statute existing during its making.

2. Time of crime execution time of implementation of socially dangerous action (failure to act), irrespective of the moment of approach of effects is recognized.

Article 13. Retroactive effect of the penal statute

1. The law eliminating crime of act, commuting penalty or otherwise improving provision of person who committed crime has retroactive force, that is extends to persons who made the corresponding act to the introduction of such law in force including to the persons serving sentence or who left it, but having criminal record.

2. The law establishing crime of act, strengthening punishment or otherwise worsening situation of person who committed crime, has no retroactive force.

3. The law which is partially mitigating responsibility and at the same time partially strengthening responsibility has retroactive force only in the part mitigating responsibility.

Article 14. Action of the penal statute concerning persons who committed crime in the territory of the Republic of Armenia

1. Person who committed crime in the territory of the Republic of Armenia is subject to responsibility under the Criminal code of the Republic of Armenia.

2. Such crime which is considered the crime committed in the territory of the Republic of Armenia:

1) it is begun, proceeded or it was ended in the territory of the Republic of Armenia;

2) it is made in partnership with persons which performed criminal activities in the territory of other state.

3. In case of crime committing by person in the territory of the Republic of Armenia and other states its responsibility comes under the Criminal code of the Republic of Armenia if person is brought to trial in the territory of the Republic of Armenia and if the international treaty of the Republic of Armenia does not provide other.

4. Person who committed crime on the vessel which is under the flag of the Republic of Armenia, or on the aircraft or other air device which is in flight with identification marks of the Republic of Armenia irrespective of the place of their stay, is subject to criminal liability under the Criminal code of the Republic of Armenia if other is not provided by the international treaty of the Republic of Armenia. Under the Criminal code of the Republic of Armenia responsibility is born also by person who committed crime on the public vessel or the military aircraft of the Republic of Armenia irrespective of the place of their stay.

5. The question of criminal liability of diplomatic representatives of foreign states and other persons using diplomatic immunity, in case of making of crime by them in the territory of the Republic of Armenia is allowed according to rules of international law.

Article 15. Action of penal statutes concerning persons who committed crime outside the Republic of Armenia

1. Citizens of the Republic of Armenia, and also persons without citizenship who are constantly living in the Republic of Armenia committed crime outside the Republic of Armenia are subject to criminal liability under the Criminal code of the Republic of Armenia if the act made by them is recognized as crime the legislation of the state in the place of its making and if they were not condemned in other state. In case of condemnation of specified persons punishment cannot exceed upper limit of the sanction provided by the law of the state in the territory of which the crime is committed.

2. The citizens of the Republic of Armenia who are outside the Republic of Armenia and the persons without citizenship who are constantly living in the Republic of Armenia, for making of the crimes provided by Articles 190, of 200, of 201, 311-313, 384, 386-391, 393-397 of this Code are subject to criminal liability under the Criminal code of the Republic of Armenia irrespective of, it is provided or not such act by the penal statute of the state in the place of crime execution.

3. The foreign citizens and persons without citizenship who are not living in the Republic of Armenia it is permanent, committed crime outside the Republic of Armenia, are subject to criminal liability under the Criminal code of the Republic of Armenia if they made:

1) the crimes provided by the international treaty of the Republic of Armenia;

2) the heavy or especially serious crimes directed against interests of the Republic of Armenia or the rights and freedoms of citizens of the Republic of Armenia.

4. The regulations established in part three of this Article are applied if the foreign citizens and persons without citizenship who are not living constantly in the Republic of Armenia were not condemned for this crime in any other state and brought to trial in the territory of the Republic of Armenia.

Article 16. Issue of persons who committed crime

1. The citizens of the Republic of Armenia who committed crime in the territory of other state are not issued to this state, except as specified, provided by the international treaties ratified by the Republic of Armenia.

2. The foreign citizens and persons without citizenship who committed crime outside the Republic of Armenia and being in the territory of the Republic of Armenia according to the international treaty of the Republic of Armenia can be issued to foreign state for criminal prosecution or serving sentence.

3. Persons specified in part two of this Article are not issued to foreign state if there are thorough reasons to believe that issue is requested for inquiry or application of punishment because of their racial, religious, national identity, belonging to certain social group or because of their political views.

Nobody can be issued to foreign state where there is serious danger that tortures, either the brutal or degrading it address, or punishment can threaten it.

4. If the laws of the country requiring issue of persons who committed crime for this crime provide capital punishment, then issue of persons who committed crime can be refused if the requesting party does not provide to the required party of sufficient guarantees that the sentence about capital punishment will not be carried out.

5. In case of refusal in issue of person who committed crime, criminal prosecution for the crimes committed in the territory of foreign state it is performed according to the legislation of the Republic of Armenia.

Article 17. Consequence in law of condemnation of person outside the Republic of Armenia

1. The court verdict of foreign state can be considered if the citizen of the Republic of Armenia, the foreign citizen or the stateless person were condemned for the crime committed outside the Republic of Armenia and again committed crime in the territory of the Republic of Armenia.

2. The recurrence of crimes, unexpired punishment or other consequence in law of the court verdict of foreign state according to part one of this Article are considered in case of qualification of new crime, assignment of punishment, release from criminal liability or punishment.

Section 2. Crime

Chapter 3. Concept and types of crimes

Article 18. Concept of crime

1. Crime is recognized the committed socially dangerous act provided by this Code is guilty.

2. Action or failure to act is not recognized crime though it is formal and containing signs of any act provided by this Code, but owing to the insignificance not constituting public danger, that is not caused and not able to cause essential harm to physical person or legal entity, society or state.

Article 19. Categories of crimes

1. On nature and degree of public danger of crime are subdivided into the crimes of small weight, average weight heavy and especially heavy.

2. Crimes of small weight the acts made intentionally for which the maximum punishment prescribed by this Code does not exceed two years of imprisonment or for which the punishment which is not connected with imprisonment and also the acts made on imprudence for which the maximum punishment prescribed by this Code does not exceed three years of imprisonment is prescribed are recognized.

3. Crimes of average weight the acts made intentionally for which the maximum punishment prescribed by this Code does not exceed five years of imprisonment, and also the acts made on imprudence for which the maximum punishment prescribed by this Code does not exceed ten years of imprisonment are recognized.

4. Serious crimes the acts made intentionally for which the maximum punishment prescribed by this Code does not exceed ten years of imprisonment are recognized.

5. Especially serious crimes the acts made intentionally for which this Code prescribes maximum punishment in the form of imprisonment for the term of over ten years or lifelong imprisonment are recognized.

Article 20. Cumulative offenses

1. Cumulative offenses is recognized:

1) making of two or more crimes provided by this Code (different articles or one Article or one or different parts or Items of article) of which person was not condemned for one,

2) such one action (failure to act) which contains signs of the crimes provided by two or more Articles of this Code.

2. In case of cumulative offenses person bears responsibility for each crime under the relevant article or part of Article of this Code.

Article 21.

Voided according to the Law of the Republic of Armenia of 23.05.2011 No. ZR-143

Article 22. Recurrence of crimes

1. Recurrence of crimes making of intentional crime by person having criminal record for earlier committed intentional crime is recognized.

2. The recurrence of crimes is recognized dangerous:

1) when making intentional crime if earlier person at least two times are condemned to imprisonment for intentional crime;

2) when making serious crime if earlier person was condemned to imprisonment for heavy or especially serious crime.

3. The recurrence of crimes is recognized especially dangerous:

1) in case of committing by person of intentional crime for which it is condemned to imprisonment if earlier person at least three times in any sequence were condemned to imprisonment for intentional crime of average weight, heavy or especially serious crime.

2) in case of committing by person of serious crime for which it is condemned to imprisonment if earlier person was twice condemned to deprivation for heavy or especially serious crime;

3) in case of committing by person of especially serious crime if earlier it was condemned for heavy or especially serious crime.

4. The criminal record for crimes removed or extinguished in the procedure established by the law, and also the crimes committed before achievement of eighteen years by person are not considered in case of recurrence assessment.

Chapter 4. Persons which are subject to criminal liability

Article 23. General terms of criminal liability

Are subject to criminal liability only the responsible physical person which reached by the time of crime execution of the age established by this Code.

Article 24. Age from which are brought to trial

1. Person to whom sixteen years before crime execution were performed is subject to criminal liability.

2. Person who before crime execution performed fourteen years are subject to criminal liability for murder (Article 104-108), intentional causing to health heavy or average weight of harm (Article 112-116), kidnapping (Article 131), rape (Article 138), violent acts of sexual nature (Article 139), robbery (Article 175), theft (Article 177), robbery (Article 176), racketing (Article 182), illegal occupancy by the car or other vehicle without the plunder purpose (Article 183), intentional destruction or damage of property in case of aggravating circumstances (part two and third Articles 185), plunder or racketing of weapon, ammunition, explosives or destructive devices (Article 238), plunder or racketing of drugs or the psychotropic (stupefying) substances (Article 269), spoil of vehicles or means of communication (Article 246), hooliganism (Article 258).

3. If person reached the age provided by parts one or the second this Article, but owing to lagging in intellectual development was fully incapable to realize nature and value of the act or to direct it, it is not subject to criminal liability.

Article 25. Diminished responsibility

1. Person who at the time of making of socially dangerous act was in diminished responsibility condition is not subject to criminal liability, that is could not realize danger of the action (failure to act) or direct it owing to chronic mental disease, temporary frustration of mentality, weak-mindedness or other disease mental state.

2. To person who made socially dangerous act in diminished responsibility condition, the court can appoint enforcement powers of medical nature.

3. Also person who committed crime in sanity condition, but the mental disease depriving of it opportunity to realize the actual nature and the value of the action (failure to act) which before removal of sentence by court ached is not subject to punishment or to direct it. To destination vessels can be used to this person enforcement powers of medical nature, and after recovery it can be subjected to punishment.

Article 26. Limited sanity

1. The responsible person who in case of crime execution owing to mental disturbance could not realize fully the actual nature and public danger of the action (failure to act) or direct it, is subject to criminal liability.

2. Limited sanity as attenuating circumstance is considered in case of assignment of punishment and can form the basis for appointment along with punishment of enforcement powers of medical nature.

Article 27. Criminal liability of persons who committed crime in state of intoxication

1. Person who committed crime in the state of intoxication caused by alcohol intake, drugs or other stupefying substances is not exempted from criminal liability.

2. In case of crime execution by the alcoholic, addict or glue sniffer the court along with punishment can appoint enforcement powers of medical nature if owing to this bent there is danger of making of new crime by it.

Chapter 5. Wine

Article 28. Fault forms

1. The fault is expressed in the form of intention or imprudence.

2. The act made on imprudence is crime if it is specially provided by the Special part of this Code.

Article 29. Intentional crime execution

1. The crime committed intentionally can be expressed in the form of direct or indirect intent.

2. The crime is recognized committed with direct intention if person realized socially dangerous nature of the action (failure to act), expected its socially dangerous effects and wished their approach.

3. The crime is recognized committed with indirect intent if person realized socially dangerous nature of the action (failure to act), expected possibility of approach of socially dangerous effects, did not wish these effects, but consciously allowed them.

4. If the law does not connect criminal liability for completed crime with approach of certain effects of criminal action, the crime is recognized committed intentionally if person who made it realized socially dangerous nature of the act and wished to make it.

5. For aggravating circumstances of intentional crime person is subject to criminal liability if it realized these circumstances.

Article 30. Crime execution on imprudence

1. The crime committed on imprudence can be expressed in self-confidence or negligence.

2. The crime is recognized committed self-confidently if person expected possibilities of approach of socially dangerous effects of the action (failure to act), but without the bases, sufficient to that, self-confidently calculated that they will be prevented.

3. The crime is recognized committed due to negligence if person did not expect possibility of approach of socially dangerous effects of the action (failure to act) though it in this situation shall and could expect them.

Article 31. Innocent damnification

1. Act is recognized committed is innocent if person did not realize and in this situation could not realize socially dangerous nature of the action (failure to act) or did not expect possibility of approach of socially dangerous effects and in this situation shall not and could not expect them.

2. Act is recognized committed is innocent as well if person expected possibility of approach of socially dangerous effects of the action (failure to act), did not wish their approach, but owing to discrepancy of the psychophysical qualities to extreme conditions or psychological overloads could not prevent their approach.

Article 32. Responsibility for crime with two forms of fault

If the law provides more strict liability for the intentional crime which entailed heavy effects on imprudence, person bears responsibility for such effects only if it expected possibility of approach of socially dangerous effects of the action (failure to act), but without the bases, sufficient to that, self-confidently calculated that they will be prevented, or did not expect possibility of approach of socially dangerous effects of the action (failure to act) though it in this situation shall and could expect them. Such crime is recognized committed intentionally.

Chapter 6. The ended and unfinished crimes

Article 33. The ended and unfinished crimes

1. Completed crime the act containing all signs of actus reus provided by this Code is recognized.

2. Unfinished crime the attempted crime and preparation for heavy or especially heavy crimes is recognized.

3. Responsibility for preparation for crime and attempted crime comes under the same Article of the Special part of this Code, as for completed crime, with reference to Article 34 or article 35 of this Code.

Article 34. Attempted crime

Attempted crime the action (failure to act) made with direct intention, directly directed to crime execution is recognized if the crime was not finished on the circumstances which are not depending on will of person.

Article 35. Preparation for crime

Preparation for crime the finding or adaptation of means or tools, and also intentional creation of other conditions for crime execution with direct intention is recognized if the crime was not finished on the circumstances which are not depending from the face.

Article 36. Voluntary refusal of crime

1. Voluntary refusal of crime the termination-faced preparations for crime, either attempted crimes, or cancellation (failure to act) which is directly directed to crime execution is recognized if person realized possibility of finishing crime up to the end.

2. Person who voluntarily refused finishing crime up to the end is not subject to criminal liability if the act which is actually made by it does not contain other actus reus.

3. Organizers of crime, the instigator to crime or the helper of crime in case of voluntary refusal are not subject to criminal liability if they the message to state bodies or other taken measures prevented finishing crime by the contractor up to the end.

4. If the actions specified in part two of this Article did not lead to prevention of crime execution by perpetrator, then the taken measures can be considered in case of assignment of punishment as the circumstances commuting responsibility and penalty.

Chapter 7. Partnership in crime

Article 37. Concept of partnership in crime

Partnership in crime intentional joint participation of two or more persons in intentional crime is recognized.

Article 38. Types of assisting offenders

1. Assisting offenders along with the contractor the organizer, the instigator and the helper are recognized.

2. The contractor the person who directly committed crime or directly participating in its making together with other persons (collaborators), and also committed crime by means of use of other persons which are not subject to criminal liability by law or who committed crime on imprudence is recognized.

3. The organizer the person who organized crime execution or directing its execution, and also created organized group or criminal society or directing them is recognized.

4. The instigator person who instigated other person to crime execution by arrangement, material interest which inclined it to that threat or otherwise is recognized.

5. The helper person promoting crime execution by councils, instructions, provision of information, means or 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 of crime got in the criminal way is recognized, and person which was in advance promising to acquire or sell such objects is equal.

Article 39. Responsibility of assisting offenders

1. Collaborators are subject to responsibility for crime under the same Article of the Special part of this Code.

2. Organizer, the instigator and the helper are subject to responsibility under Article providing the committed crime with reference to article 38 of this Code, except as specified, when they at the same time were collaborators of crime.

3. The person which is not the special subject of crime specified in Article of the Special part of this Code, participating in crime execution provided by this Article can bear responsibility for this crime only as the organizer, the instigator or the helper.

4. In case of finishing by the principal offender up to the end on the circumstances which are not depending on it other assisting offenders bear responsibility for preparation for crime or for partnership in attempted crime.

5. If actions of the organizer, the instigator or the helper were unfortunate on the circumstances which are not depending on them, responsibility of these persons comes for preparation for the corresponding crime.

6. Assisting offenders are subject to responsibility only for those aggravating circumstances of crime which were realized by them.

7. In case of involvement of assisting offenders to responsibility nature and extent of partnership of each of them in crime are considered.

Article 40. Excess of the assisting offender

1. Excess of the assisting offender committing by person of the crime which is not covered intention of other participants is recognized.

2. Other accomplices do not bear responsibility for excess of the accomplice.

Article 41. Crime execution by the group of persons organized by group or criminal society

1. The crime is recognized made by group of persons without previous concert if the collaborators who in advance did not agree about joint crime execution participated in it.

2. The crime is recognized made by group of persons by previous concert if contractors participated in it, in advance (prior to the beginning of crime) agreed about joint crime execution.

3. The crime is recognized made by organized group if it is made by steady group of persons, one or several crimes which in advance united for making.

4. The crime is recognized committed criminal society if it is made by the group created, which rallied, organized for making of heavy or especially serious crimes or consolidation of the organized groups created for the same purposes and also if it is made by the member (members) of such community in pursuance of its criminal objectives, and is equal on the instructions of criminal society person who is not recognized as his member.

5. The person who created organized group, community or directing them is subject to responsibility in the cases provided by the relevant articles of this Code for the organization and management of organized group or criminal society, and also for all crimes committed by them if they were covered by its intention. Other persons entering criminal society bear responsibility for participation in this organization and for crimes, in preparation or making of which they participated.

6. Responsibility of persons listed in this Article comes without reference to article 38 of this Code.

Chapter 8. The circumstances excluding crime of act

Article 42. Justifiable defense

1. The action made in condition of justifiable defense is not recognized crime, that is in case of protection of life, health and the rights of the defending or other person, interests of society or the state against socially dangerous encroachment or its real threat by damnification making encroachment if at the same time limits of justifiable defense were not exceeded.

2. In case of protection against violence hazardous to health of the personality or against the encroachment integrated to real threat of such violence any harm, including death can be done.

3. The right to justifiable defense belongs to person irrespective of opportunity to avoid encroachment or to ask for the help other persons or state bodies, and also irrespective of professional or other special training and official capacity of person.

4. Exceeding of limits of justifiable defense are recognized explicit for defending intentional actions which do not correspond to nature and danger of encroachment.

The act made with exceeding of limits of justifiable defense is crime if it is specially provided by the Special part of this Code.

5. Is not recognized increase in limits of justifiable defense and does not attract criminal liability use of weapons or any other means and objects for protection against attack of the armed individual or group of persons, and also for prevention of illegal and forcible entry to the apartment or other room, irrespective of weight of the harm done to encroaching.

Article 43. Damnification during detention of person who committed crime

1. The action which did harm to person who committed crime during his detention for the purpose of transfer to competent authorities or suppression of possibility of making of new socially dangerous act by it is not recognized crime if at the same time exceeding of limits necessary for this purpose was not allowed died.

2. Exceeding of the measures necessary for detention of person who committed crime explicit discrepancy of measures of detention of danger of the act and person which made it, and also to circumstances of detention is recognized owing to what harm which was not caused by need of detention was intentionally done to person.

3. The act committed for detention of person who committed crime with exceeding of necessary measures is crime if it is specially provided by the Special part of this Code.

4. Except persons which are specially authorized on that also the victim and other persons have possessory lien of person who committed crime.

Article 44. Emergency

1. Damnification is not recognized to the interests protected by the penal statute emergency condition, that is for elimination of danger crime, directly life-threatening, to health, the rights and legitimate interests of this person or other persons, to interests of society or state if this danger could not be eliminated with other means and at the same time were not allowed excesses of limits of emergency.

2. Exceeding of emergency the causing intentional harm obviously not corresponding to nature and degree of the threatening danger and to circumstances of elimination of danger is recognized if to the interests protected by the law it is caused equal or bigger in comparison with prevented harm.

Article 45. Physical or mental compulsion

1. Damnification is not recognized crime to the protected penal statutes to interests as a result of physical or mental compulsion if thereof person could not direct the actions (failure to act).

2. The question of criminal liability in cases when harm as a result of mental, and also such physical impact which does not deprive person of opportunity to direct the actions is done to the interests protected by the penal statute, is solved taking into account Article provisions 44 of this Code.

Article 46. Reasonable risk

1. Damnification is not recognized crime to the interests protected by the penal statute in case of reasonable risk for achievement of the socially useful purpose.

2. The risk is recognized reasonable if the mentioned goal could not be achieved the actions (failure to act) which are not connected with risk, and person who ran risks took necessary measures for prevention of damnification to the interests protected by the penal statute.

3. The risk is not recognized reasonable if it was obviously integrated to danger of death of the third parties, to threat of environmental disaster or public disaster.

Article 47. Execution of the order or order

1. Causing is not recognized crime to the interests protected by the penal statute by person acting in pursuance of the order, obligatory for it, or the order given in accordance with the established procedure. Responsibility for causing such harm is born by person who made the illegal order or the order.

2. Person who committed intentional crime under obviously illegal order or the order bears responsibility in accordance with general practice.

3. Non-execution of obviously false order or order excludes criminal liability.

Section 3. Punishment

Chapter 9. Concept, purposes and types of punishment

Article 48. Concept and purposes of punishment

1. Punishment is the measure of the state coercion appointed on behalf of the states according to the court verdict concerning person found guilty of crime and consists in the deprivation or restriction of the rights and freedoms of this person provided by the law.

2. The purpose of punishment is recovery of social justice, correction of person which underwent to punishment and also the prevention of crimes.

Article 49. Punishment types

Types of punishment are:

1) penalty;

2) deprivation of the right to hold certain positions or to be engaged in certain activities;

3) social jobs;

4) deprivation of special or military rank, category, rank or qualification class;

4. 1) restriction in military service;

5) confiscation of property;

6) ceased to be valid according to the Law of the Republic of Armenia of 26.06.2006 No. ZR-119

7) arrest;

8) content in disciplinary battalion;

9) imprisonment for certain term;

10) lifelong imprisonment.

Article 50. Primary and additional punishments

1. The penalty, social jobs, restriction in military service, arrest, content in disciplinary battalion, deprivation for certain term and lifelong imprisonment are applied only as primary punishments.

2. Deprivation of the right to hold certain positions or to be engaged in certain activities is applied both as the main, and as additional punishments.

3. Deprivation of special or military rank, the category, rank or qualification class, and also confiscation of property are applied only as additional punishments.

4. For one crime only one primary punishment can be imposed. One or several additional punishments can be attached to primary punishment according to the procedure and in the cases provided by this Code.

5. Confiscation of property and deprivation of the right to hold certain positions or be engaged in certain activities can be appointed as the additional punishments only in cases prescribed by the Special part of this Code.

Article 51. Penalty

1. The penalty is the cash collection appointed for crimes of small and average weight in the cases provided by the Special part of this Code and in the limits provided by this Code in the amount of thirty the thousandfold size of the minimum wage, multiple to three, established by the law of the Republic of Armenia at the time of assignment of punishment (further – minimum wage).

2. The size of penalty is determined by court taking into account weight of the committed crime and the property status condemned.

3. If condemned being not able to pay immediately and completely ordered to pay fine, then court establishes for it payment due date not over one year, or replaces penalty with social jobs or permits it to pay penalty to the same time in parts. In case of payment deferral of penalty or payment of penalty the payment schedule of penalty is in parts established and the size of the amount which is subject to payment every time is determined. The specified privilege voids if the convict breaks accomplishment of the obligations established by the payment schedule of penalty. In case of violation by the convict of accomplishment of the obligations established by the payment schedule of penalty the penalty or unpaid part of penalty is replaced with social jobs according to the procedure, established by part four of this Article.

4. The court replaces penalty or unpaid part of penalty with social jobs in case of impossibility of payment of penalty - three hours of social jobs for minimum wage, and in case of malicious evasion from payment of penalty - five hours of social jobs for minimum wage. If the count result, the penalty made for replacement or unpaid part of penalty social jobs, exceeds two thousand two hundred hours, then two thousand two hundred hours are appointed. Rounding of hour sizes in count result, the penalty made for replacement or unpaid part of penalty social jobs, is made for benefit of the convict.

5. It is malicious evading from payment of penalty is considered the convict who:

1) within ten days after the introduction in legal force of court resolution did not provide to authorized body the receipt on payment of penalty, except as specified, provided by part 3 of this Article;

2) violated procedure and conditions of delay payment of penalty or payment of penalty in parts.

Article 52. Deprivation of the right to hold certain positions or to be engaged in certain activities

1. Deprivation of the right to hold certain positions consists in prohibition to hold certain positions in state bodies, local government bodies and the organizations, and deprivation of the right to be engaged in certain activities - in prohibition to be engaged in the certain activities connected with nature of the committed crime.

2. Deprivation of the right to hold certain positions and to be engaged in certain activities as primary punishment is established for a period of two up to seven years for intentional crimes and for a period of one year up to five years for careless crimes, and as additional punishment - for a period of one year up to three years.

3. Deprivation of the right to hold certain positions or be engaged in certain activities can be appointed in case the court, proceeding from nature of the receipt made by the guilty person during continuance in office or occupation certain activities considers impossible to keep behind it the right to hold certain positions or to be engaged in certain activities.

3.1. If deprivation of the right to hold certain positions or to be engaged in certain activities is provided by the Special part of this Code as obligatory additional punishment, however execution of this punishment in the form of deprivation of the right of vehicle control is impossible because of absence at person who committed crime, the rights of driving of the vehicle or because he is already deprived of this right, then obligatory additional punishment is not imposed.

4. In case of purpose of deprivation of the right to hold certain positions or to be engaged in certain activities as additional punishment to content in disciplinary battalion, to arrest or imprisonment for certain term of additional punishment extends to all the time of serving of primary punishment, at the same time the term of additional punishment is estimated after departure of primary punishment. In other cases the term of additional punishment is estimated from the moment of the introduction of sentence in legal force.

Article 53. Deprivation of special or military rank, category, rank or qualification class

In case of condemnation of person for heavy or especially serious crime taking into account the data characterizing the identity of the guilty person, the court can deprive of it special or military rank, the category, rank or qualification class.

Article 53.1. Restriction in military service

1. Restriction in military service is the measure of punishment applied to the serviceman having rank of the officer or ensign for small or average weight of crime against procedure for military service according to which, this person for term from three months to those years cannot be the position held by it appointed to position to vyssha (including, the position paid more) to it higher next rank cannot be given, and also the term of assignment of the next military rank established by the law, with deduction to 20 percent from the amount of cash allowance stops.

2. For the term of execution of this measure of punishment or for smaller term the court can establish the additional obligation to participate in educational rates or rates on retraining for the serviceman.

3. Restriction in military service cannot mean that there are cumulative offenses or judgments, and for one of the committed crimes the penalty connected with imprisonment or the rights to hold certain positions or to be engaged in certain activities can be imposed or imposed.

4. In case of appointment to the serviceman of the punishment connected with imprisonment in the procedure established by part 6 of Article 66 or article 67 of this Code during the term of execution of measure of punishment for restriction in military service or in case of release of the serviceman from military service on the bases established by the law, the court replaces restriction in military service with penalty, calculating one month of restriction in military service to the equivalent thirty multiple size of minimum wage.

Article 54. Social jobs

1. Social jobs - accomplishment of the condemned unpaid socially useful works appointed by court in the places determined by competent authority.

2. Social jobs can be appointed to persons who committed crimes of small or average weight with an imprisoned term not over two years.

2.1. Social jobs are appointed from two hundred seventy to two thousand two hundred watch.

2.2. The minimum term established by part 2.1 of this Article does not extend to cases of replacement of penalty or unpaid part of penalty with social jobs according to the procedure, established by part 4 Articles of 51 of this Code.

3. Social jobs are appointed in twenty-day time on receipt of the resolution on execution of sentence as alternative to imprisonment to certain term of type of punishment in case of submission of the written application by the convict, and also in the case provided by part four of Article of 51 of this Code.

3.1. The court in case of consideration of the application considers gravity of offense, made by the convict, for the public, its nature, data characterizing the identity of the convict lack of the requirement about compensation of the caused damage or the fact of its compensation, and also other circumstances which will prove justification and justice of replacement of the imprisonment appointed to person, social jobs from the point of view of implementation is more whole than punishment.

4. Social jobs are not appointed to persons recognized as disabled people of the first or second group, to the persons which did not reach by the time of adjudgement of sixteen years, persons of retirement age, expectant mothers and being on compulsory military service by the serviceman.

5. In case of malicious evasion from accomplishment of social jobs the court replaces unexpired part of social jobs with arrest or imprisonment with certain term including one day of arrest or imprisonment for certain term in three hours of social jobs.

Article 55. Confiscation of property

1. Confiscation of property is forced and uncompensated taking in property of the state of the property which is considered as property of the convict, or part of this property.

2. The size of the confiscated property is determined by court, in view of the extent of the property harm done by crime and also the property acquired in the criminal way. The size of the confiscated property cannot exceed the extent of the property harm done by crime or the extent of the benefit received in the criminal way.

3. Confiscation of property can be appointed for the heavy and especially serious crimes committed from mercenary motives in the cases provided by the Special part of this Code.

4. Voided according to the Law of the Republic of Armenia of 22.07.2014 No. ZR-114

5. Voided according to the Law of the Republic of Armenia of 22.07.2014 No. ZR-114

5.1. Voided according to the Law of the Republic of Armenia of 22.07.2014 No. ZR-114

6. The property necessary for the convict or persons who are in its dependence is not subject to confiscation according to the list established by the law.

7. Voided according to the Law of the Republic of Armenia of 22.07.2014 No. ZR-114

Article 56.

Voided according to the Law of the Republic of Armenia of 26.06.2006 No. ZR-119

Article 57. Arrest

1. Arrest consists in content of the convict in the conditions of strict isolation from society in the form of content in bondage in correctional facility. Arrest can be appointed for crimes of small and average weight in the cases provided by the Special part of this Code for a period of fifteen days up to three months and only in case detention is not applied as measure of restraint.

2. Arrest is not designated to persons who did not reach by the time of adjudgement of sixteen years, to either expectant mothers, or persons having in the dependence of children aged up to eight years.

3. Voided according to the Law of the Republic of Armenia of 21.05.2013 No. ZR-34

Article 58. Content in disciplinary battalion

1. Content in disciplinary battalion can be appointed by the serviceman of compulsory military service for crimes of small and average weight for a period of three months up to three years in the cases provided by the Special part of this Code and also in cases when the court, considering the facts of the case and the identity of the convict, considers expedient instead of imprisonment for the term of not over three years to apply content in disciplinary battalion for the same term.

2. Content in disciplinary battalion instead of imprisonment cannot be designated to persons who were earlier serving custodial sanction.

Article 59. Imprisonment for certain term

1. Imprisonment for certain term consists in isolation of the convict from society in the form of content in bondage in correctional facility.

2. Imprisonment is established for a period of three months up to twenty years.

3. Imprisonment for careless crime cannot exceed ten years.

4. In case of complete or partial addition of terms of deprivation of freedom in case of assignment of punishment on cumulative offenses the maximum term of deprivation of freedom cannot exceed twenty five years, and on cumulative sentences - thirty years.

Article 60. Lifelong imprisonment

1. Lifelong imprisonment consists in termless isolation of the convict from society in the form of content in bondage in correctional facility which in the cases provided by this Code can be appointed for especially serious crimes.

2. The women who are in pregnancy condition at the time of crime execution or adjudgement cannot be condemned to lifelong imprisonment of person, not reached in case of crime execution of eighteen years.

Chapter 10. Assignment of punishment

Article 61. General principles of assignment of punishment

1. To person found guilty of crime execution the just punishment determined within the relevant article of the Special part of this Code taking into account provisions of the General part of this Code is imposed.

2. The type and the amount of punishment are determined by the degree of public danger and nature of crime, data characterizing the identity of the guilty person including the circumstances commuting or aggravating responsibility and penalty.

3. More severe looking of punishment for crime from among provided is appointed if less strict cannot provide punishment goal achievement.

Article 62. The circumstances commuting responsibility and penalty

1. The circumstances commuting responsibility and penalty are:

1) making for the first time crimes of small or average weight in case of accidental combination of circumstances;

2) infancy of the guilty person at the time of crime execution;

3) pregnancy guilty at the time of crime execution;

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