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LAW OF THE REPUBLIC OF ARMENIA

of May 23, 2016 No. ZR-48

About probation

(as amended on 07-02-2020)

Accepted by National Assembly of the Republic of Armenia on May 17, 2016

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

1. This Law regulates the purposes, tasks, the principles, bases of the organization and activities of probation, the relations connected with the alternative measures of restraint, punishments which are not connected with imprisonment, security measures, conditional non-use of punishment, release from punishment execution, purpose of probation period in case of early release from punishment, control over persons whose punishment is delayed, and with procedure for submission of the report, and features of the probation performed in the attitude towards minor subjects of probation and also with activities of public service of probation (further – Service of probation).

Article 2. Legislation on probation

1. The relations connected with probation are regulated by the Constitution of the Republic of Armenia, international treaties of the Republic of Armenia, the constitutional laws, the Criminal code of the Republic of Armenia, the Code of penal procedure of the Republic of Armenia, the Penitentiary code of the Republic of Armenia, the Law of the Republic of Armenia "About civil service", this Law and other legal acts.

Article 3. The basic concepts used in the Law

1. In this Law the following basic concepts are used;

1) probation – control over social reintegration, and also, for the purpose of safety of society, over the alternative measures of punishment applied in the procedure established by the law to the subject of probation, the punishments which are not connected with imprisonment, security measures, conditional non-use of punishment and purpose of probation period as a result of early release from punishment, release from punishment, otsrocheniye of execution of punishment and implementation of resocialization in society by means of control, the direction and assistance

2) electronic control – control by means of radio wave, biometric, satellite or other means over the location, movement and behavior of person,

3) service of probation – the authorized state body performing probation

4) serving probations – person holding the position provided by the list of positions of civil service in service of probation

5) the subject of probation – person to whom the alternative measure of restraint was applied or was imposed the penalty which is not connected with imprisonment or security measure, or the probation period in case of non-use to it of punishment or its early release from punishment or which was exempted after punishment execution was appointed, or application of punishment of which was delayed or which participates in conciliation process (except for the victim and the legal successor of the legal successor) or about which the report shall be provided,

6) the personal record – document package about the subject of probation,

7) the database – set of electronic and paper data on personal records of subjects of probation and activities of service of probation,

8) the registration card of the subject of probation – the document containing the short information about the subject of probation

9) the report – the document containing the data represented according to this Law, service of probation about the subject of probation

10) primiritelstvo – negotiations which purpose is conciliation of the subject of probation and the victim,

11) stage after punishment - period after execution of punishment before repayment of criminal record or its removal in the procedure established by the law for implementation of functions by service of probation,

12) the plan of control – the document which establishes the actions of the subject of probation which are subject to control and terms of their accomplishment, the right and obligation, and also, if necessary, the actions and programs which are carried out on resocialization of person (action for resocialization)

13) resocialization – set socially - psychological works, actions and programs, processes on rendering legal and psychological assistance, reintegration in society and to forming of law-abiding behavior,

14) estimation of risks and requirements – identification of the reasons of the committed or presumably made by the subject of probation act and planning of such measures which will give probability of reduction of repeating of the committed or presumably committed crime,

15) the volunteer – person promoting on voluntary basis to implementation of functions of service of probation for the purpose of the solution of the tasks set for service of probation.

Article 4. Purposes and tasks of probation

1. The purposes of probation are:

1) implementation of the actions directed to prevention of possible illegal behavior of the person accused during criminal proceedings and to ensuring accomplishment of the obligations assigned to it by court by means of ensuring execution of alternative measures of restraint

2) recovery of social justice in relation to person found guilty for crime, by means of application appointed court resolution of punishment and other enforcement measures, resocialization of the punished person, and to minor subjects of probation – also ensuring its normal physical and psychological development, his education and protection against negative impact of other persons,

3) ensuring public safety – by means of the prevention and reducing recurrent crime,

4) conciliation of the subject of probation and victim (victim's legal successor),

5) assistance to implementation of criminal justice,

2. Tasks of probation are:

1) execution of the measures of restraint provided by this Law during criminal proceedings

2) application of the punishments which are not connected with imprisonment and other enforcement measures applied by court

3) implementation of individual planning of application of the punishments which are not connected with imprisonment and alternative measures of restraint, estimating risks and considering needs of the subject of probation,

4) provision of reports on the subject of probation about conditional early release from punishment, punishment replacement with milder pinishment, removal of criminal record,

5) implementation of the established control over persons which are in probation period in case of conditional non-use of punishment, release from execution of punishment, conditional early release from punishment or otsrocheniye of execution of punishment

6) implementation of primiritelstvo between the subject of probation and the victim (the victim's legal successor).

Chapter 2. Principles of probation

Article 5. Principle of differentiation and individualization

1. For the solution of the tasks provided by this Law, the service of probation distinguishes the identity of each subject of probation, develops the individual program for its correction, resocialization and promotion of law-abiding behavior, considering the committed crime and social psychological state of person, and also the best interests of minor subjects of service of probation. Ensuring the best interests of the minor subject of probation is directed on effective and complete realization of the rights, and also to development of the minor subject, considering intellectual and physical needs of the minor subject, availability of the corresponding leaving for satisfaction of these requirements, importance of communication with parents and other family members for development of the minor subject, and also cultural, language, spiritual or religious ties and education of the minor subject and value in the family circle and other needs and requirements.

Article 6. Principle of combination

1. The punishment and other enforcement measures applied to the subject of probation can be combined with other provided measures directed to correction and resocialization of person.

Article 7. Cooperative principle

1. Activities of service of probation are based on cooperation with state bodies, local government bodies, public and other organizations.

2. State bodies and local government bodies and officials within the competences help service of probation during realization of tasks of the last.

Article 8. Principle of privacy

1. During activities of service of probation privacy of the data relating to the subject of probation is provided.

2. The employee of probation without the consent of the subject of probation can collect, store, use or transfer in the established cases about it data only within the powers, сводив to minimum intrusion into privacy of the subject and having provided privacy of data known to it.

Article 9. Principle of conciliation

1. The service of probation within the actions for resocialization of the subject of probation or assists in other cases provided by the law to conciliation of the subject of probation and the victim (the victim's legal successor).

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