11.04.03
Republic of Armenia
Criminal Code
TABLE OF CONTENTS
Section
1. Criminal legislation
Chapter
1. Principles and objectives of criminal legislation
Article
1. Criminal legislation of the
Article
2. The objectives of the Criminal Code.
Article
3. The grounds for criminal liability.
The
only ground for criminal liability is crime, i.e., committal of an act which
incorporates all elements of crime, envisaged by criminal law.
Article
4. Principles of criminal legislation.
Article
5. Principle of legitimacy.
Article
6. Principle of equality before the law.
Article
7. Principle of inevitability of liability.
Article
8. Principle of personal liability.
Article
9. Principle of liability in accordance with the offence.
Article
10. Principle of individuality of justice and liability.
Article
11. Humanitarian principle.
Chapter
2.
Operation
of the criminal law in time and space
Article
12. Operation of the criminal law in time
Article
13. Retroactive effect of criminal law.
Article
14. The effect of the criminal law with regard to persons who committed crime
in the territory of the Republic of Armenia.
Article
15. Effect of criminal law with regard to persons who committed crimes outside
the territory of the Republic of Armenia.
Article
16. Extradition of persons who committed a crime.
Article
17. Legal significance of a person’s conviction outside the RA
Section
2. Crime.
Chapter
3. The notion and types of crime.
Article
18. The notion of crime.
Article
19. Types of crime.
Article
20. Aggregate of crimes.
Article
21. Repeated crime
Article
22. Recidivism.
Chapter
4.
Persons
subject to criminal liability.
Article
23. General conditions of criminal liability.
Article
24. The age at which a person is subject to criminal liability.
Article
25. Insanity.
Article
26. Limited sanity.
Article
27. Criminal liability of persons who committed crime in the state of
intoxication.
Chapter
5.
Guilt.
Article
28. Types of guilt.
Article
29. Committal of willful crime.
Article
30. Committal of negligent crime.
Article
31. Inflicting damage without guilt
Article
32. Liability for crimes with two types of guilt.
Chapter
6.
Completed
and unfinished crime.
Article
33. Completed and unfinished crime.
Article
34. Attempt to commit a crime.
Article
35. Preparation of crime.
Article
36. Voluntary refusal from a crime.
Chapter
7.
Complicity.
Article
37. The notion of complicity.
Article
38. Types of accomplices.
Article
39. The liability of accomplices.
Article
40. Excess of performer.
Article
41. Committal of crime by a group of individuals, by an organized group or by a
criminal association.
Chapter
8.
Circumstances
excluding the criminality of the act.
Article
42. Necessary defense.
Article
43. Inflicting damage when capturing the perpetrator.
Article
44. Urgent necessity.
Article
45. Physical or psychiatric enforcement.
Article
46. Justified risk.
Article
47. Execution of an order or instruction.
Section
3. Punishment.
Chapter
9.
Notion
of punishment, purposes and types.
Article
48. The notion of punishment and its purposes.
Article
49. Types of punishment.
Article
50. Basic and supplementary punishments.
Article
51. Fines.
Article
52. Deprivation of the right to hold certain posts or practice certain
professions.
Article
53. Deprivation of special titles or
military ranks, categories, degrees or qualification class
Article
54. Public works
Article
55. Confiscation of property.
Article 56. Correctional labor
Article
57. Arrest.
Article
58. Keeping in disciplinary battalion.
Article
59. Imprisonment for a certain term.
Article
60. Life sentence.
Chapter
10.
Assignment
of punishment.
Article
61. General principles of assigning punishment.
Article
62. Circumstances mitigating liability and punishment.
Article
63. Circumstances aggravating the liability and punishment.
Article
64. Assignment of a milder punishment than envisaged by law.
Article
65. Assignment of punishment for an unfinished crime.
Article
66. Assignment of punishment by accumulation of crimes.
Article
67. Assignment of punishment by accumulation of sentences.
Article
68. Determining the terms of punishment by summing them up.
Article
69. Calculation of the punishment terms and offsetting punishment.
Article
70. Conditional punishment.
Article
71. Procedure and conditions of punishment implementation
Section
4. Exemption from criminal liability and punishment.
Chapter
11.
Exemption
from criminal liability.
Article
72. Exemption from criminal liability in case of repentance.
Article
73. Exemption from criminal liability in case of reconciliation with the
aggrieved.
Article
74. Exemption from criminal liability due to change of situation.
Article
75. Exemption from criminal liability as a result of expiry of the statute of
limitation.
Chapter
12.
Exemption
from punishment.
Article
76. Exemption from punishment on parole.
Article
77. Replacement of the unserved part of the punishment with a softer
punishment.
Article
78. Postponement or exemption from punishment of pregnant women or women with
children under 3 years of age.
Article
79. Exemption from punishment as a result of severe illness.
Article
80. Exemption from punishment as result of extraordinary circumstances.
Article
81. Exemption from punishment due to expiry of the accusatory court sentence.
Chapter
13.
Amnesty,
pardon, criminal record.
Article
82. Amnesty.
Article
83. Pardon.
Article
84. Criminal record.
Section
5.
Peculiarities
of criminal liability and punishment for minors.
Chapter
14.
Peculiarities
of criminal liability and punishment for minors.
Article
85. Criminal liability and punishment of minors.
Article
86. Types of punishment.
Article
87. Fine.
Article 88. Arrest.
Article 89.
Imprisonment.
Article 90. Assigning punishment.
Article 91. Exemption from criminal liability
by application of enforced disciplinary measures.
Article 92. The essence of enforced
disciplinary measures.
Article 93. Exemption from punishment by
placement in special educational and disciplinary or medical and disciplinary
institution.
Article 94. Exemption from punishment on
parole.
Article 95. Exemption from criminal liability
or punishment due to expiry of prescription period.
Article 96. Quashing the criminal record.
Section 6. Measures of medical
enforcement.
Chapter 15. Measures of
medical enforcement.
Article 97. Grounds for application of
medical enforcement measures.
Article 98. Types of medical enforcement
measures.
Article 99. Outpatient supervision by
psychiatrist and enforced treatment.
Outpatient supervision by psychiatrist and
enforced treatment can be assigned if the person in his mental state does not
need to be admitted to a psychiatry hospital.
Article 100. Enforced treatment in psychiatry
hospital.
Article 101. Assignment, change and
termination of enforced medical measures.
Article 102. Offsetting the period of
application of enforced medical measures.
Article 103. Enforced medical measures added
to execution of punishment.
Section 7. Crimes against
man.
Chapter 16. Crimes against
life and health.
Article 104. Murder
Article 105. Murder in the state of strong temporary insanity (fit of
insanity).
Article 106. Murder of a newly born child by the mother.
Article 107. Murder of a criminal through the use of excessive measures
when capturing the latter.
Article 108. Murder by exceeding necessary defense.
Article 109. Causing death by negligence.
Article 110. Causing somebody to commit suicide.
Article 111. Abetment of suicide.
Article 112. Infliction of willful heavy damage to health.
Article 113. Infliction of willful medium-gravity damage to health.
Article 114. Infliction of medium-gravity or grave damage to health in
the state of temporary insanity.
Article 115. Infliction of medium-gravity or grave damage to a criminal
when capturing the latter, through the use of excessive measures.
Article 116. Inflicting medium-gravity or grave damage by exceeding the
limits of necessary defense.
Article 117. Infliction of willful light damage to health.
Article 118.
Article 119. Torture.
Article 120. Inflicting grave damage through negligence.
Article 121. Inflicting medium-gravity damage through negligence.
Article 122. Performing illegal abortion.
Article 123. Infecting with AIDS virus.
Article 124. Infecting with venereal or other sexually transmitted
diseases.
Article 125. Breach of rules for transplantation operations.
Article 126. Enforced donation of parts of the body or tissues.
Article 127. Subjecting a person to medical or scientific experiment
without the consent of the latter.
Article 128. Abandonment in danger.
Article 129. Failure to help the patient.
Article 130. Failure to implement or improper implementation of
professional duties by medical and support personnel.
Chapter 17. Crimes against
human freedom, honor and dignity.
Article 131. Kidnapping.
Article 132. Trafficking
Article 133. Illegal deprivation of
freedom.
Article 134. Illegal placing or keeping in a psychiatry hospital.
Article 135. Libel.
Article 136. Insult.
Article 137. Threat to murder, to inflict heavy damage to one’s health
or to destroy property.
Chapter 18. Crimes against
sexual immunity and sexual freedom.
Article 138. Rape.
Article 139. Violent sexual actions.
Article 140. Forced violent sexual acts.
Article 141. Sexual acts with a person under 16.
Article 142. Lecherous acts.
Chapter 19. Crimes against
constitutional human rights and freedoms of citizens.
Article 143. Breach of citizens’ legal equality.
Article 144. Illegal collecting, keeping, use and dissemination of information
pertaining to personal or family life.
Article 145. Divulging medical secrets.
Article 146. Violation of the secrecy of correspondence, telephone
conversations, postal, telegraph or other communications.
Article 147. Breach of inviolability of the dwelling.
Article 148. Refusal to provide information to a person.
Article 149. Hindrance to implementation of the right to elect, to the
work of election commissions or to the implementation of the authority of the
person participating in elections.
Article 150. Forgery of election or voting results.
Article 151. Dissemination of libelous information about a candidate, a
party (association of parties) during elections.
Article 152. Breach of the procedure for compilation of voters lists.
Article 153. Voting more than once or instead of another person.
Article 154. Breaching the confidentiality of ballot.
Article 155. Forcing to refuse from participation in a strike or
forcing to participate in a strike.
Article 156. Ungrounded refusal to hire a pregnant woman or a person
with a child under 3 years of age, or ungrounded dismissal.
Article 157. Breach of labor protection rules.
Article 158. Breach of copyright and adjacent rights.
Article 159. Breach of patent law.
Article 160. Hindrance to the right to exercise freedom of conscience
or religion.
Article 161. Hindrance to the right to establish associations
(non-governmental organizations or trade unions) or parties, or hindrance to
their activities.
Article 162. Establishment or management of associations encroaching
upon citizens’ rights or against the individual.
Article 163. Hindrance to holding meetings, rallies, demonstrations and
processions or to participation therein.
Article 164. Hindrance to the legal professional activities of a
journalist
Chapter 20.
Crimes against the interests
of family and child.
Article 165. Involving a minor into committal of crime.
Article 166. Involving a child into antisocial activity.
Article 167. Illegal separation of the child from the parents or
substitution of the child.
Article 168. Child trafficking.
Article 169. Divulging the secret of adoption.
Article 170. Failure to fulfill the duty of rearing the child.
Article 171. Failure to fulfill or improper fulfillment of one’s duties
to provide the child’s safety or health.
Article 172. Abuse of the custodian’s or guardian’s rights.
Article 173. Willful evasion from supporting one’s child by the parent.
Article 174. Willful failure of the offspring to support a parent who
is incapable to work.
Section 8.
Crimes against property,
economy and implementation of economic activity.
Chapter 21. Crimes against
property.
Article 175. Banditry.
Article 176. Robbery.
Article 177. Theft.
Article 178. Swindling.
Article 179. Squandering or embezzlement.
Article 180. Theft of particularly valuable items.
Article 181. Theft committed by using a computer.
Article 182. Extortion.
Article 183. Gaining illegal control of a car or other means of
transportation without the intention of theft.
Article 184. Infliction of damage to property by de
Article 185. Willful destruction or spoilage of property.
Article 186. Destruction or damage inflicted to property by negligence.
Chapter 22.
Crimes against economic
activities.
Article 187. Hindrance to legal entrepreneurial
and other economic activity.
Article 188. Illegal entrepreneurial
activity.
Article 189. False entrepreneurial activity.
Article 190. Legitimizing (legalizing)
illegally obtained income.
Article 191. Not purposeful spending of a
loan.
Article 192. Illegitimate actions in
bankruptcy.
Article
193. Deliberate bankruptcy.
Article
194. Fictitious bankruptcy.
Article 195. Illegal anti-competition
activity.
Article 196. Willful breach of procedure for
public procurement.
Article 197. Illegal use of trade mark.
Article 198. Fictitious advertising.
Article 199. Illegal collection or divulging
of commercial or banking secrets.
Article 200. Commercial bribe.
Article 201. Bribing the participants and
organizers of professional and commercial sports competitions or shows.
Article 202. Manufacture, sale or keeping of
counterfeited money or securities.
Article 203. Manufacture and sale of forged
payment documents.
Article 204. Abuse of securities emission.
Article 205. Evasion from taxes, duties or
other mandatory payments.
Article 206. Evasion from taxes by a citizen.
Article 207. Manufacture and sale of fake
wine, fake vodka or other fake alcohol beverages.
Article 208. Forgery and sale of excise
stamps.
Article 209. Alienation of excise stamps or
marking goods with illegally procured excise stamps
Article 210. Selling goods subject to marking
with excise stamps unmarked or not re-marked.
Article 211. Breach of rules for marking with
excise stamps
Article 212. De
Article 213. Usury.
Article 214. Abuse of authority by the
employees of commercial or other organizations.
Article 215. Contraband.
Article 216. Acquisition or sale of property obtained in an obviously
criminal way.
Section 9. Crimes against
public security, computer data security, public order and morality, and public
health.
Chapter 23. Crimes against
public security.
Article 217. Terrorism.
Article 218. Taking hostages.
Article 219. Occupation of buildings, facilities, means of
transportation and communication.
Article 220. Piracy.
Article 221. Hijacking or capture of an aircraft, ship or train.
Article 222. Banditry.
Article 223. Creation of criminal associations or participation in
criminal association.
Article 224. Creation of armed formations not provided by the law or
participation therein.
Article 225. Mass disorder.
Article 226. Inciting national, racial or
religious hatred.
Article 227. Breach of safety regulations at
nuclear energy facilities.
Article 228. Breach of safety regulations
when operating sources of ionizing radiation.
Article 229. Breach of safety regulations for
the operation of electron, proton, heavy ion accelerators.
Article 230. Breach of safety regulations
during mining, construction or other works.
Article 231. Breach of safety regulations at
facilities with explosion hazard.
Article 232. Breach of fire-safety
regulations.
Article 233. Illegal turnover of radioactive
materials.
Article 234. Theft or extortion of
radioactive materials.
Article 235. Illegal procurement,
transportation or carrying of weapons, ammunition, explosives or explosive
devices.
Article 236. Illegal manufacture of weapons.
Article 237. Improper performance of the
duties of safekeeping of weapons, ammunition, explosives and explosive devices
or failure thereof.
Article 238. Theft or extortion of weapons,
ammunition, explosives and explosive devices.
Article 239. Negligent warehousing of
fire-arms.
Article 240. Breach of rules for warehousing,
accounting, transportation, delivery or use of flammable or pyrotechnic
materials.
Article 241. Breach of safety and operation
rules for rail, air or water traffic.
Article 242. Breach of traffic rules and
operation of means of transportation.
Article 243. Drunk driving or driving by a
person under 16 years of age.
Article 244. Abandonment of the site of road
accident.
Article 245. Poor-quality repair of means of
transportation or operation of means of transportation with malfunctions.
Article 246. Spoilage of means of
transportation or communication lines.
Article 247. Breach of rules providing safe
operation of transport.
Article 248. Breach of safety rules for
construction, operation and repair of main pipe-lines.
Article 249. Captain’s failure to help a ship
in distress.
Article 250. Breach of rules for
international flights.
Chapter 24.
Crimes against computer
information security.
Article 251. Access (penetration) into
computer information system without permission.
Article 252. Change in computer information.
Article 253. Computer sabotage.
Article 254. Illegal appropriation of
computer data.
Article 255. Manufacture or sale of special
devices for illegal penetration into a computer system or network.
Article 256. Manufacture, use and
dissemination of hazardous software.
Article 257. Breach of rules for operation of
a computer system or network.
Chapter 25. Crimes against
public order and morality.
Article 258. Hooliganism.
Article 259. Making a false statement about
terrorism.
Article 260. Vandalism.
Article 261. Involvement into prostitution.
Article 262. Maintaining dens of prostitution
or pimping.
Article 263. Illegal dissemination of
pornographic materials or items.
Article 264. Destruction or damage of
monuments of history and culture.
Article 265. Outrageous treatment of dead
bodies or burial places.
Chapter 26.
Crimes against the health of
the population.
Article 266. Illegal turnover of narcotic
drugs or psychotropic materials with the purpose of sale.
Article 267. Breach of
regulations for manufacture, procurement, keeping, accounting, dispensing,
transportation or supply of narcotic drugs or psychotropic materials
Article 268. Illegal turnover of narcotic
drugs or psychotropic materials without the purpose of sale.
Article 269. Theft or extortion of narcotic
drugs or psychotropic materials.
Article 270. Illegal transfer of narcotic
drugs or psychotropic materials or forgery of recipes or other documents which
entitle their receipt.
Article 271. Use of narcotic drugs.
Article 272. Abetting or involving into use
of narcotic or psychotropic drugs.
Article 273. Illegal cultivation or raising
of herbs prohibited for processing, containing narcotic, psychotropic or toxic
substances.
Article 274. Organization and maintaining of
dens for the use of narcotic or psychotropic drugs.
Article 275. Illegal turnover of strong or
toxic substances for the purpose of sale.
Article 276. Breach of rules
for manufacture, procurement, keeping, accounting, transfer, transportation or
supply of strong or toxic materials.
Article 277. Breach of sanitation and
epidemic regulations.
Article 278. Concealing information about
circumstances dangerous for human life or health.
Article 279. Manufacture or sale of goods, or
performing work, or providing services which do not meet safety requirements.
Article 280. Illegal private medical or
pharmaceutical practice, manufacture or sale of false drugs.
Section 10. Crimes against
environmental safety
Chapter 27. Crimes against
environmental safety.
Article 281. Breach of ecological safety
rules when implementing work.
Article 282. Willful distortion or concealing
of information about pollution of environment.
Article 283. Failure to take measures to
eliminate the consequences of environmental pollution.
Article 284. Breach of safety rules when
handling dangerous chemical and biological materials and waste.
Article 285. Breach of safety rules for
handling other dangerous chemical or biological agents or poisonous materials.
Article 286. Breach of established veterinary
rules or rules for struggle against plant diseases and vermin.
.Article 287. Pollution of
water.
Article 288. Pollution of
marine environment.
Article 289. Pollution of atmospheric air.
Article 290. Spoilage of soil.
Article 291. Breach of rules for protection
and use of mineral resources.
Article 292. Illegal harvesting of aquatic
flora and fauna.
Article 293. Breach of rules
for protection of fish stocks
Article 294. Illegal hunting.
Article 295. Obliteration of habitat of rare
and endangered species registered in the Article 296. Illegal tree and bush
cutting.
Article 297. Obliteration or damage of forest.
Article 298. Breach of regime of specially
protected nature zones.
Section 11. Crimes against
state power.
Chapter 28. Crimes against
foundations of constitutional order or against state security.
Article 299. High treason.
Article 300. Usurping state power.
Article 301. Public
calls for changing the constitutional order of the
0Article 302.
Espionage.
Article 303. Sabotage.
Article 304. Wrecking.
Article 305. Assassination of a state,
political or public figure.
Article 306. Divulging a state secret.
Article 307. Breach of rules for handling
documents containing state secrets or computer data.
Chapter 29.
Crimes against state
service.
Article 308. Abuse of official authority.
Article 309. Exceeding official authorities.
Article 310. Illegal participation in
entrepreneurial activity.
Article 311. Taking bribes.
Article 312. Giving a bribe.
Article 313. Bribery mediation.
Article 314. Official forgery.
Article 315. Official negligence.
Chapter 30. Crimes against
procedure of governance.
Article 316. Violence against a
representative of authorities.
Article 317. Willful appropriation of title
or authority of an official.
Article
318. Insulting a representative of authorities.
Article
319. Hindrance to the institutions executing punishment, detention or arrest.
Article
320. Illegal use of the Red Cross or Red Crescent symbol.
Article
321. Damaging communication lines.
Article
322. Arrogation.
Article
323. Theft of state decorations.
Article
324. Theft of damage to documents, stamps or seals.
Article
325. Forgery, sale or use of forged documents, stamps, seals, letter-heads,
vehicle license plates.
Article
326. Sale or purchase of official documents or state decorations.
Article
327. Evasion from regular military service or training exercises.
Article
328. Evasion from labor services or taxes during war time.
Article
329. Illegal state border crossing.
Article
330. Removal or destruction of a state border mark.
Article
331. Contempt of state symbols.
Chapter
31. Crimes against justice.
Article
332. Hindrance to administration of justice and conducting investigation.
Article
333. False crime reporting.
Article
334. Concealment of crime.
Article
335. Failure to report crime.
Article
336. Subjecting an obviously innocent person to criminal liability.
Article
337. Hindrance to the appearance or testimony of the witness or the aggrieved.
Article
338. Obviously false testimony or obviously false conclusion, or obviously
incorrect translation.
Article
339. Refusal from testimony.
Article
340. Bribing or forcing to make a false testimony, or false conclusion, or
incorrect translation.
Article
341. Forcing testimony by the judge, by the prosecutor, by the investigator or
by the person in charge of inquiry.
Article
342. Divulging the data of inquiry or investigation.
Article
343. Contemptuous treatment of court.
Article
344. Slandering the judge, the prosecutor, the investigator or the person in
charge of inquiry, marshal of the court.
Article
345. Illegal treatment of property under arrest or forfeiture.
Article
346. Willful failure by a personal guarantor to implement one’s obligations.
Article
347. Threat or violence in relation to preliminary investigation or
administration of justice.
Article
348. Obviously illegal detention or arrest.
Article
349. Forgery of evidence.
Article
350. Entrapment for bribe or commercial bribe.
Article
351. Illegal exemption from criminal liability.
Article
352. Adoption of an obviously unjust court sentence, verdict or other court
act.
Article
353. Failure to carry out a court act.
Article
354. Evasion from serving a sentence in the form of imprisonment.
Article
355. Escape from the place of imprisonment, arrest or custody.
Section
12. Crimes against military service.
Chapter
32. Crimes against military service.
Article
356. Failure to carry out an order.
Article
357. Resistance to commander or forcing him to breach his service duties.
Article
358. Violence against the commander.
Article
359. Breach of relations, prescribed by field manuals, between not subordinated
servicemen.
Article
360. Insulting a serviceman.
Article
361. Absence without leave from the military unit or place of service.
Article
362. Desertion.
Article
363. Evasion from military service by maiming, feigned disease or other illegal
means.
Article
364. Refusal from performing one’s military duties.
Article
365. Violation of combat duty regulations.
Article
366. Breach of border-guarding regulations.
Article
367. Breach of guarding or patrolling regulations.
Article
368. Breach of internal service regulations.
Article
369. Willful destruction or damage of military property.
Article
370. Destruction or damage to military property by negligence.
Article
371. Embezzlement of military property.
Article
372. Loss or spoilage of military property.
Article
373. Breach of rules for handling weapons, ammunition and items dangerous for
others.
Article
374. Handing over weapons, ammunition, other military property, as well as
materials or items dangerous for the environment to others.
Article
375. Abuse of power, transgression of authority or administrative dereliction.
Article
376. Negligent service.
Article
377. Breach of rules for driving or operating vehicles.
Article
378. Breach of rules for flights or their preparation.
Article
379. Abandonment or hand-over of weapons and ammunition to the enemy.
Article
380. Willful abandonment of battle field or refusal to use weapons.
Article
381. Voluntary surrender.
Article
382. Criminal actions of a POW.
Article
383. Plunder.
Section
13. Crimes against peace and human security
Chapter
33. Crimes against peace and human security
Article 384. Aggressive war.
Article
385. Public calls for aggressive war.
Article
386. Manufacture or proliferation of mass destruction weapons.
Article
387. Application of prohibited methods of war.
Article
388. Terrorism against the representative of a foreign country or international
organization.
Article
389. International terrorism
Article
390. Serious breach of international humanitarian law during armed conflicts.
Article
391. Inaction or making an illegal command during armed conflict.
Article
392. Crimes against human security.
Article
393. Genocide.
Article
394. Ecocide.
Article
395. Mercenaries.
Article 396. Assault on persons or organizations under international
protection.
Article 397. Illegal use of
identification signs protected by international treaties.
Section 14.
Closing provisions.
Chapter. 34.
Closing provisions.
Article 398. Making the law
effective.
Criminal
Code
Section
1. Criminal legislation
Chapter
1. Principles and objectives of criminal legislation
Article
1. Criminal legislation of the
1.
Criminal legislation of the
2.
The Criminal Code is based
on the Constitution of the
Article
2. The objectives of the Criminal Code.
1.
The objectives of the
Criminal Code are as follows: to protect from criminal encroachment human and
citizens’ rights and freedoms, the rights of legal entities, property, the
environment, public order and security, constitutional order, as well as to
prevent crime.
2.
To implement these
objectives, the Criminal Code stipulates the grounds for criminal liability and
the principles of criminal legislation, and determines which dangerous acts are
considered criminal offences for the society and establishes the types of punishment
for the committal of these acts and other penal and legal measures.
Article
3. The grounds for criminal liability.
The
only ground for criminal liability is crime, i.e., committal of an act which
incorporates all elements of crime, envisaged by criminal law.
Article
4. Principles of criminal legislation.
The
Criminal Code is based on the principles of legitimacy, equality before the
law, inevitable liability, personal liability, liability in accordance with the
offence, individuality of justice and liability, and humanism.
Article
5. Principle of legitimacy.
1.
It is only the criminal law
that decides whether the act is criminal and punishable, as well as other
criminal and legal consequences.
2.
The application of criminal
law by analogy is prohibited.
Article
6. Principle of equality before the law.
The
persons who committed a crime are equal before the law and are subject to
criminal liability regardless of sex, race, color, language, religion,
political or other beliefs, national or social origin, ethnic minority
identity, birth, property, or other statuses.
Article
7. Principle of inevitability of liability.
1.
Each person who committed a
crime is subject to the punishment envisaged by criminal law or other legal and
penal measures.
2.
Exemption from criminal
liability and punishment is possible only in the event of the grounds and
conditions envisaged in the Criminal Code.
Article
8. Principle of personal liability.
The
individual is subject to criminal liability only for the offence committed
personally.
Article
9. Principle of liability in accordance with the offence.
1.
The person is subject to
criminal liability only for the socially dangerous action or inaction and its
socially dangerous consequences, of which he was found guilty by a competent
court.
2.
Objective incrimination,
i.e., criminal liability for infliction of damage without guilt, is prohibited.
Article
10. Principle of individuality of justice and liability.
1.
The punishment and other
legal and penal measures applied to the person who committed an offence must be
fair, appropriate to the gravity of the crime, to the circumstances in which it
was committed, to the personality of the criminal; they must be necessary and
sufficient to correct the criminal and to prevent new offences.
2.
The repeated conviction of
the person for the committal of the same crime is prohibited.
Article
11. Humanitarian principle.
1.
The Criminal Code serves to
provide the physical, mental, financial, ecological, etc. security of man.
2.
No one shall be subjected to
torture or cruel, inhuman or humiliating treatment or punishment.
Chapter
2.
Operation
of the criminal law in time and space
Article
12. Operation of the criminal law in time
1.
The criminality and
punishability of the act is determined by the acting criminal law at the time
of committal of the offence.
2.
The time of committal of
crime is the time when socially dangerous action (inaction) was committed,
regardless when the consequences started to take effect.
Article
13. Retroactive effect of criminal law.
1.
The law eliminating the
criminality of the act, mitigating the punishment or improving the status of
the criminal in any way, has retroactive effect, i.e., this law is extended to
the persons who committed this act before this law had taken effect, including
those persons who are serving the punishment or served the punishment, but have
a record of conviction.
2.
The law stipulating the
criminality of the act, making the punishment more severe or worsening the
status of the criminal in any other way, has no retroactive effect.
3.
The law partially mitigating
the punishment and, in the meantime, partially making the punishment more
severe has retroactive effect only in respect to the part which mitigates the
punishment.
Article
14. The effect of the criminal law with regard to persons who committed crime
in the territory of the
1.
The person who committed a
crime in the territory of the
2.
The crime is considered
committed in the territory of the
1)
it started, continued or
finished in the territory of the
2)
it was committed in
complicity with the persons who committed crimes in other countries.
3.
In case of crimes committed
in the territory of the
4.
The person who committed a
crime on board of a ship or flying aircraft bearing the flag or the
identification of the
5.
The issue of the criminal
liability of foreign diplomatic representatives and other persons enjoying
diplomatic immunity, in the case of committal of crime by the latter in the
territory of the
Article
15. Effect of criminal law with regard to persons who committed crimes outside
the territory of the
1.
The citizens of the Republic
of Armenia who committed crime outside the territory of the Republic of
Armenia, as well as stateless persons permanently residing in the Republic of
Armenia, are subject to criminal liability under the Criminal Code of the
Republic of Armenia, if the act committed by them is recognized as a crime in
the legislation of the state where the crime was committed, and if they were
not convicted in another state. When convicting the above mentioned persons,
the punishment can not exceed the upper limit for punishment in the state where
the crime was committed.
2.
The citizens of the Republic
of Armenia who committed crime outside the territory of the Republic of
Armenia, as well as stateless persons permanently residing in the Republic of
Armenia, are subject to criminal liability under Articles 384, 386-391, 393-397
of this Criminal Code, regardless whether the act is considered or not
considered a crime in the state where the crime was committed.
3.
Foreign citizens and
stateless persons not permanently residing in the
1)
such crimes which are
provided in an international treaty of the
2)
such grave and particularly
grave crimes which are directed against the interests of the
4.
The rules established in
part 3 of this Article are applicable if the foreign citizens and stateless
persons not permanently residing in the Republic of Armenia, have not been
convicted for this crime in another state and are subjected to criminal
liability in the territory of the Republic of Armenia.
Article
16. Extradition of persons who committed a crime.
1.
The citizens of the
2.
In accordance with an
international treaty of the
3.
The persons specified in
part 2 of this Article are not extradited to foreign states if there are
serious reasons to believe that they can be subjected to torture there.
4.
If the legislation of the
country seeking extradition of persons who committed a crime envisages death
penalty for the given crime, then the extradition of persons who committed a
crime can be turned down, unless the party seeking extradition presents
satisfying assurances to this country that the death penalty will not be
executed.
5.
In case of refusal to
extradite the person who committed a crime, the prosecution for the crime
committed in the territory of a foreign country is done in accordance with the
legislation of the
Article
17. Legal significance of a person’s conviction outside the RA
1.
The court ruling in a
foreign country can be taken into account, provided the RA citizen, foreign
citizen or a stateless person was convicted for a crime committed outside the
RA, and committed a repeated crime in the RA.
2.
In accordance with part 1 of
this article, recidivism, unserved punishment or other legal consequences of a
foreign court ruling are taken into account when qualifying the new crime,
assigning punishment, and exempting from criminal liability or punishment.
Section
2. Crime.
Chapter
3. The notion and types of crime.
Article
18. The notion of crime.
1.
The willful committal of a
socially dangerous act envisaged in this Code is considered a crime.
2.
The act or inaction which
may formally contain the features of an act envisaged in this Code, but which,
however, does not present public danger because of its little significance, i.e. it did not cause or could
not have caused significant damage to an individual or a legal entity, to the
society or the state, is not considered a crime.
Article
19. Types of crime.
1.
Crimes are categorized, by
nature and degree of social danger, as not very grave, medium gravity, grave
and particularly grave.
2.
The willful acts, for the
committal of which this Code envisages maximal imprisonment of two years, or
for which a punishment not related to imprisonment is envisaged, as well as
acts committed through negligence, for which this Code envisages a punishment
not exceeding three years of imprisonment, are considered not very grave
crimes.
3.
Medium-gravity crimes are
those willful acts for which this Code envisages a maximal punishment not
exceeding five years of imprisonment, and the acts committed through
negligence, for which this Code envisages a maximal punishment not exceeding
ten years of imprisonment.
4.
Grave crimes are those
willful acts for which this Code envisages a maximal punishment not exceeding
ten years of imprisonment.
5.
Particularly grave crimes
are those willful acts for which this Code envisages a maximal imprisonment for
more than ten years or for life.
Article
20. Aggregate of crimes.
1.
The following is considered
an aggregate of crimes:
1)
committal of two or more
crimes stipulated by different articles or
different sections of the same article of this Code, for none of which
the person has been convicted;
2)
a single act (inaction)
which incorporates the features of crimes envisaged in two or more articles of
this Code.
2.
In case of aggregate of
crimes, the person is liable for each crime, under the relevant article of this
Code, or part of the article.
Article
21. Repeated crime
1.
The committal of two or more
offenses under the same article of the Special Part of this Code or part of the
article are considered repeated crimes.
2.
The repeatedness envisaged
in part 1 of this Article is absent in the on-going crime which consists of two
or more acts united by one general criminal intent.
3.
The committal of a crime
envisaged by two or more articles of this Code is considered repeated only for
cases specified in the Special Part of this Code.
4.
There is no repeatedness if
the person was legally exempted from criminal liability for a past crime or the
record of conviction for this crime was expunged.
Article
22. Recidivism.
1.
The committal of a willful
crime by the person who had a criminal record in the past for a willful crime,
is considered recidivism.
2.
Recidivism is considered
dangerous:
1)
in the case of a willfully
committed crime, if the person had been previously sentenced to imprisonment
for willful crime no less than twice;
2)
in the case of committal of
a grave crime, if the person had been previously sentenced to imprisonment for
the committal of a grave or particularly grave crime.
3.
Repeated crime is considered
particularly dangerous:
1)
in the case of committal of
such a crime for which he is sentenced to imprisonment, if, in the past, the
person had been sentenced to imprisonment no less than thrice, in any sequence,
for willful medium-gravity crimes, for grave or particularly grave crimes;
2)
in the case of committal of
a grave crime for which he is sentenced to imprisonment, if in the past the
person had been sentenced to imprisonment twice for grave or particularly grave
crimes.
3)
In the case of committal of
a particularly grave crime by the person, if in the past the person had been
convicted for a grave or particularly grave crime.
4.
The crime for which the
criminal record has been quashed by procedure established in this Code, as well
as the crime committed before the age of 18, is not taken into account when
determining recidivism.
Chapter
4.
Persons
subject to criminal liability.
Article
23. General conditions of criminal liability.
Only
a sane physical person who at the time of crime committal has reached the age
established in this Code is subject to criminal liability.
Article
24. The age at which a person is subject to criminal liability.
1.
The person who reached the
age of 16 before the committal of the crime is subject to criminal liability.
2.
The persons who reached the
age of 14 before the committal of the crime are subject to criminal liability
for murder (Articles 104-109), for inflicting willful severe or medium damage
to health (Articles 112-116), for kidnapping people (Article 131), for rape
(Article 138), for violent sexual actions (Article 139), for banditry (Article
179), for theft (Article 177), for robbery (Article 176), for extortion
(Article 182), getting hold of a car or other means of transportation without
the intention of appropriation (Article 183), for destruction or damage of
property in aggravating circumstances (Article 185, parts 2 and 3), for theft
or extortion of weapons, ammunition or explosives (Article 238), for theft or
extortion of narcotic drugs or psychotropic substances (Article 269), for
damaging the means of transportation or communication lines (Article 246), for
hooliganism (Article 258).
3.
If the person has reached
the age envisaged in parts 1 or 2 of this Article, but due to retarded mental
development was not able to understand the nature and significance of one’s
actions or to control one’s actions, then he is not subject to criminal
liability.
Article
25. Insanity.
1.
The person who was in the
state of insanity when committing a socially dangerous crime is not liable to criminal liability,
i.e., the person could not understand the dangerous nature of one’s actions
(inaction) or control one’s actions as a result of chronic mental illness,
temporary mental disorder, mental retardation or other mental disease.
2.
Forced medical measures can
be imposed by the court with respect to the person who committed socially
dangerous actions in an insane state.
3.
Also not subject to
punishment, is the person who committed a crime in the state of insanity,
however, had fallen mentally ill before sentencing by the court, which deprived
him of the capability of understanding the actual nature and significance of
his actions (inaction) or controlling them. Forced medical measures can be
imposed by the court with respect to such a person, and after recovery this
person can be subjected to punishment.
Article
26. Limited sanity.
1.
A sane person who, due to
mental disorder, when committing the crime could not entirely understand the
actual nature of one’s action (inaction) and its social danger, or control
one’s actions, is subject to criminal liability.
2.
Limited sanity is taken into
account as a mitigating circumstance when imposing the punishment and can become
the ground for the enforcement of medical measures, parallel to the punishment.
Article
27. Criminal liability of persons who committed crime in the state of
intoxication.
1.
The person who committed a
crime as a result of alcoholic, narcotic or other intoxication is not exempted
from criminal liability.
2.
When sentencing an
alcoholic, a drug or poison addict, the court can also impose forced medical
treatment, provided there is danger of the committal of a new crime due to this
addiction.
Chapter
5.
Guilt.
Article
28. Types of guilt.
1.
The guilt is manifested
willfully or through negligence.
2.
An action committed through
negligence is a crime if it is particularly envisaged in the Special Part of
this Code.
Article
29. Committal of willful crime.
1.
A willful crime can be
manifested in direct or indirect willfulness.
2.
A crime is considered
directly willful if the person understood the danger of his action (inaction)
for the society, had foreseen the dangerous consequences for the society and
desired the emergence of these consequences.
3.
A crime is considered
indirectly willful if the person understood the danger of his action (inaction)
for the society, had foreseen the dangerous consequences for the society, did
not desire the emergence of these consequences but knowingly allowed them to
take place.
4.
If the law does not link the
criminal liability for the accomplished criminal act to the emergence of
certain consequences, the crime is considered willfully committed, if the
person who committed it understood the danger of his actions for the society
and was willing to commit it.
5.
For the aggravating
circumstances of the willful crime, the person is subject to criminal
liability, if the latter understood these circumstances.
Article
30. Committal of negligent crime.
1.
A crime committed through
negligence can be manifested through self-confidence or carelessness.
2.
A crime is considered
committed through self-confidence, if the person had foreseen the possible dangerous
nature of one’s action (inaction) for the society, but without sufficient
grounds self-confidently hoped that these consequences will be prevented.
3.
A crime is considered
committed through carelessness, if the person had not foreseen the possible
dangerous nature of one’s action (inaction) for the society, although in the
given circumstances he was obliged and was able to foresee them.
Article
31. Inflicting damage without guilt
1.
An act is considered to have
been committed without guilt, if the person did not understand and, in the
given circumstances, could not understand the social danger of one’s actions
(inaction) or did not foresee the possible socially dangerous consequences
thereof, and in the given circumstances was not obliged and could not foresee
them.
2.
Also, an act is considered
to have been committed without guilt, if the person had foreseen the possible
socially dangerous consequences of one’s action (inaction), did not wish the
emergence thereof, but due to the incompatibility of one’s psychological and
physiological properties with the extreme conditions or nervous and mental
load, failed to prevent the emergence of these consequences.
Article
32. Liability for crimes with two types of guilt.
If
the law envisages a more strict liability for a willful crime which caused
severe consequences through negligence, then the person is liable for these
consequences only when one had foreseen the possible social danger of one’s
action (inaction), however, without good reason, self-confidently hoped that
these consequences will be prevented, or had not foreseen the possible
consequences of his socially dangerous action (inaction), although in the given
circumstances one was obliged to and could foresee them. Such a crime must be
considered willfully committed.
Chapter
6.
Completed
and unfinished crime.
Article
33. Completed and unfinished crime.
1.
A crime is considered
completed, if the action incorporates all the elements of crime envisaged in
this Code.
2.
Attempts to commit a crime
and the preparation for grave and particularly grave crimes are considered an
unfinished crime.
3.
The liability for attempts
to commit a crime and the preparation for crime is under the same article of
the Special Part of this Code as for complete crimes, referring to Articles 34
or 35 of this Code.
Article
34. Attempt to commit a crime.
Attempt
at a crime is the action (inaction) committed through direct willfulness
immediately aimed at the committal of crime, if the crime was not finished for
reasons beyond the person’s control.
Article
35. Preparation of crime.
Preparation
of a crime is the procurement of means or tools or their adaptation for
committal of a direct willful crime, as well as willful creation of other
conditions for committal of crime, if the crime was not finished for reasons
beyond the person’s control.
Article
36. Voluntary refusal from a crime.
1.
Voluntary refusal is the
termination by the person of preparation or termination of action (inaction)
directly aimed at the committal of crime, when the person realized the
possibility of completion of the crime.
2.
The person who refused to
complete the crime is not subject to criminal liability, unless his actually
committed act contains other elements of crime.
3.
If the organizer of the
crime, the abettor or helper refuse voluntarily, they are not subject to
criminal liability, provided this person informed the state bodies or through
other means and prevented the completion of the crime by the perpetrator.
4.
If the actions mentioned in
part 3 of this Article did not prevent the committal of the crime by the
perpetrator, then, when sentencing, these actions can serve as circumstances
mitigating the liability and the sentence.
Chapter
7.
Complicity.
Article
37. The notion of complicity.
Willful
joint participation of two or more persons in a willful crime is considered
complicity.
Article
38. Types of accomplices.
1.
The organizer, the abettor
and the helper are considered the accomplices to the perpetrator.
2.
The perpetrator is the
person who immediately committed the crime or immediately participated in its
committal with other persons (accomplices), as well as the one who committed
the crime through the use of persons not subject to legal criminal liability or
the persons who committed a crime through negligence.
3.
The organizer is the person
who arranged or directed the committal of the crime, as well as, the one who
created an organized group for committal of crime or criminal association or
directed the latter.
4.
The abettor is the person
who abetted another person to the committal of crime through persuasion,
financial incentive, threat or other means.
5.
The helper is the person who
assisted to the crime through pieces of advice, instructions, information or
provided means, tools, or eliminated obstacles, as well as, the person who had
previously promised to harbor the criminal, to hide the means and tools of
crime, the traces of the crime or the items procured through crime, as well as,
also, the person who had previously promised to acquire or sell such items.
Article
39. The liability of accomplices.
1.
The co-perpetrators are
subject to liability for the crime under the same article of this Code.
2.
The organizer, the abettor
and the perpetrator are subject to liability under the article which envisages
the committed crime, referring to Article 38 of this Code, ex
3.
The person who is not a
special subject of the crime in the article of the Special Part of this Code,
who participated in the committal of the crime envisaged in this Article, can
be liable for this crime only as an organizer, an abettor or helper.
4.
In the case when the crime
was not completed for reasons beyond control of the perpetrator, the other
accomplices are liable for the preparation of the crime or for complicity in
the attempt at the crime.
5.
If the organizer, the
abettor or the helper fail in their actions for reasons beyond their control,
then these persons are liable for the preparation of the respective crime.
6.
The accomplices are subject
to liability only for those aggravating circumstances of the crime of which
they were aware.
7.
When subjecting the
accomplices to liability, the nature and degree of the participation of each of
them in the crime are taken into account.
Article
40. Excess of performer.
1.
Excess of performer is
committal of such a crime by a person that exceeds the willfulness of other
accomplices.
2.
Other accomplices are not
liable for the excess of performer.
Article
41. Committal of crime by a group of individuals, by an organized group or by a
criminal association.
1.
A crime is considered
committed by a group of individuals without prior agreement, if the
co-perpetrators who participated in the crime did not previously agree to
commit the crime jointly.
2.
A crime is considered
committed by a group of individuals with prior agreement, if the
co-perpetrators who participated in the crime, prior to the commencement of the
crime, agreed to commit the crime jointly.
3.
A crime is considered
committed by an organized group, if it was committed by a stable group of
persons who previously united to commit one or more crimes.
4.
A crime is considered
committed by a criminal association, if it was committed by a consolidated
organized group created to commit grave or particularly grave crimes, or by
uniting an organized group for the same purposes, as well as if it was
committed by a member (members) of the association to achieve his criminal
purposes, as well as, committal of a crime by a person not considered a member
of the association, by instruction of the criminal association.
5.
The person who created or
directed an organized group, a criminal association, is subject to liability in
cases envisaged in the appropriate articles of this Code: for the creation or
direction of an organized group or criminal association, as well as, for all
crimes committed by them, if they were involved by his willfulness. Other
persons involved in the criminal association are subject to liability for
participation in this organization and for those crimes which they committed or
prepared.
6.
The persons mentioned in
this Article incur liability without referral to Article 38 of the Special Part
of this Code.
Chapter
8.
Circumstances
excluding the criminality of the act.
Article
42. Necessary defense.
1.
The action committed in the
state of necessary defense, is not considered a crime, i.e., when defending the
life, health and rights of the defender or other person, or defending the state
interests from socially dangerous encroachments, or from a real threat, defending
oneself by inflicting damage to the perpetrator of the encroachment, provided
the necessary defense was not exceeded.
2.
When defending a person’s
life from dangerous violence or real threat of such violence, any damage can be
inflicted, including death.
3.
The person is entitled to
the right of necessary defense, regardless of the possibility to avoid the
encroachment or to appeal to other persons or state bodies, as well as,
regardless of the person’s special training or official position.
4.
Such deliberate actions which
obviously for the self-defender are inadequate with the nature and extent of
danger of the encroachment are considered acts of excessive defense.
5.
Use of weapon or any other
means or objects for the purpose of defense from assault of an armed person or
assault of a group of persons, as well as for the purpose of prevention of illegal
and forced intrusion into an apartment or other building, is not considered an
act of excessive defense, irrespective of the degree of damage incurred by the
offender.
Article
43. Inflicting damage when capturing the perpetrator.
1.
The actions whereby damage
was inflicted to the perpetrator when capturing him, in order to hand him over
to the authorized bodies or to prevent him from committing new socially
dangerous actions, are not considered a crime, provided the necessary measures
have not been exceeded.
2.
The measures necessary to
capture the perpetrator are considered excessive, if there is obvious
disproportion between the capturing measures and the danger of the action and
the perpetrator, as well as, the circumstances of capture, as a result of which
damage was willfully inflicted to the person which was not determined by the
necessity of capturing.
3.
The act of excessive damage
inflicted when capturing the perpetrator is a crime, if this is particularly
envisaged in the Special Part of this Code.
4.
Ex
Article
44. Urgent necessity.
1.
Inflicting damage to the
interests protected by criminal law in the state of urgent necessity, is not
considered a crime, i.e., to eliminate the imminent danger to the life, health,
rights and legal interests of the given person or persons, to the interests of
the society or the state, if this danger could not be eliminated by other means
and no limits of urgent necessity have been exceeded.
2.
Willfully inflicted damage
obviously disproportionate to the imminent danger, its degree and the
considerations of elimination of the danger, when the legally protected
interests suffered equal or greater damage compared to the prevented damage, is
considered exceeding of urgent necessity.
Article
45. Physical or psychiatric enforcement.
1.
Inflicting damage to the
interests protected by criminal law by means of physical or psychiatric
enforcement, is not considered a crime, if as a result of this enforcement the
person could not control his actions (inaction).
2.
The issue of criminal
liability, when damage is inflicted to legally protected interests by means of
physical or psychiatric enforcement, which do not deprive the person of the capability of controlling
one’s actions, is resolved taking into account the propositions of Article 46
of this Code.
Article
46. Justified risk.
1.
Inflicting damage to the
interests protected by criminal law is not considered a crime, when undertaking
justified risk to achieve socially useful goals.
2.
Risk is considered
justified, if the mentioned goal could not be achieved without an action (or inaction)
of risk, and when the risking person takes measures to prevent the danger to
the interests protected by criminal law.
3.
Risk is considered
unjustified, if it obviously involves the death of third persons, or the threat
of an ecological or public disaster.
Article
47. Execution of an order or instruction.
1.
Inflicting damage to the
interests protected by criminal law, by the person who acted pursuant to
compulsory, appropriately given order or instruction, is not considered a
crime. The person who gave such illegal order or instruction is liable for
that.
2.
The person who committed a
willful crime by obviously illegal order or instruction is liable on common
grounds.
3.
Refusal to execute an
obviously illegal order or instruction is an exemption from criminal liability.
Section
3. Punishment.
Chapter
9.
Notion
of punishment, purposes and types.
Article
48. The notion of punishment and its purposes.
1.
Punishment is a means of
state enforcement assigned by court sentence on behalf of the state to the
person who has been found guilty of the crime, and is expressed in deprivation
or restriction of one’s rights and freedoms, as envisaged by law.
2.
The purpose of punishment is
applied to restore social justice, to correct the punished person, and to
prevent crimes.
Article
49. Types of punishment.
The
types of punishment are:
1)
a fine;
2)
prohibition to hold certain
posts or practice certain professions;
3)
public works;
4)
deprivation of special titles or military ranks, categories,
degrees or qualification class;
5)
confiscation of property;
6)
correctional labor;
7)
arrest;
8)
service in disciplinary
battalion;
9)
imprisonment for a certain
term;
10)
life sentence.
Article
50. Basic and supplementary punishments.
1.
Public works, correctional
labor, arrest, service in disciplinary battalion, imprisonment for a certain
term and life sentence are used only as basic punishments.
2.
Fines and the prohibition to
hold certain posts or practice certain professions are imposed both as basic
and supplementary punishments.
3.
Deprivation of special titles or military ranks, categories,
degrees or qualification class, as well as confiscation of property are applied
only as an supplementary punishments.
4.
Only one basic punishment
can be assigned for one crime. One or more supplementary punishment can be
added to the basic punishment in cases envisaged in the Special part of this
Code.
5.
Fines, confiscation of
property and the prohibition to hold certain posts or practice certain
professions, as supplementary punishment, can be assigned only in cases
envisaged in the Special Part of this Code.
Article
51. Fines.
1.
A fine is a financial
punishment imposed in the amount of 30 to 1000 minimal salaries as established
by law of the
2.
The court determines the
amount of the fine, taking into account the nature and gravity of the crime, as
well as, the property status of the convicted person.
3.
If the convicted person, due
to personal or financial situation, is incapable of immediately paying the fine
in full, the court establishes a payment deadline, up to 1 year, or allows to
pay the fine on installment within the same period. This privilege is null and
void, if the convicted person fails to pay the portions of the mentioned amount
on time.
4.
In case of impossibility to
pay the fine, the court can substitute the fine or unpaid part thereof with
public works counting 10 hours of public works as minimal salary.
Article
52. Deprivation of the right to hold certain posts or practice certain
professions.
1.
Deprivation of the right to hold certain posts is a
prohibition to hold certain positions in state and local self-government
bodies, organizations, and the deprivation of
practicing certain professions is a prohibition to hold certain
occupations related to the nature of the crime.
2.
Prohibition to hold certain
posts or practice certain professions, as a basic punishment is established for
the term of 2 to 7 years for willful crimes, and from
3.
Deprivation of the right to
hold certain posts or to practice certain professions can be applied in cases
when the court, basing on the nature of the crime committed by the offender
during the period of his/her holding the post or practicing certain a profession,
does not find it possible for him/her to hold certain posts or to practice
certain professions.
Article
53. Deprivation of special titles or
military ranks, categories, degrees or qualification class
When
convicting a person for the committal of grave or particularly grave crimes,
the court, taking into account the features characteristic of the perpetrator,
can deprive the latter from special
titles or military ranks, categories, degrees or qualification class.
Article
54. Public works
1.
Public work is the execution
of free socially useful, authorized work by the convict at the expense of his
leisure time after basic work or classes, as determined by local
self-government bodies.
2.
The duration of assigned
public works shall amount to 360-1500 hours.
3.
Public work is assigned as an
alternative punishment to imprisonment, in case of written consent of the
person to be convicted, which is submitted before the court decision is made,
following the time periods set forth in this Code.
4.
Public work is not assigned
to first or second degree disabled, persons under 16 at the time of sentencing,
pension-age persons, pregnant women and drafted servicemen.
5.
In case of ill-faith evasion
from performing public work, the court replaces the unperformed part of the
public work by arrest or imprisonment of a certain period, within the time
periods set forth in this Code.
Article
55. Confiscation of property.
1.
Confiscation of property is
the enforced and uncompensated seizure of the property considered to be the convict’s
property or part thereof in favor of the state.
2.
The amount of confiscation
is determined by the court, taking into consideration the damage to property
inflicted by the crime, as well as amount of criminally acquired property. The
amount of confiscation can not exceed the amount of criminally acquired
property or profit.
3.
Confiscation of property can
be assigned in cases envisaged in the Special Part of this Code and for grave
and particularly grave crimes committed with mercenary motives.
4.
The property necessary for
the convict or the persons under his care is not subject to confiscation, in
accordance with the list envisaged by law.
Article 56. Correctional labor
1.
Correctional labor is
assigned for the term of from 2 months to 2 years, in accordance with the list
in the court ruling, the convict executes this either at his work place or by
appointment of correctional labor bodies, in other places within the residence
region of the convict.
2.
As prescribed in the court
ruling, 5-20% of the earnings of the convict sentenced to correctional labor is
deducted in favor of the state.
3.
In case of willful evasion
from correctional labor by the sentenced person, the court can substitute the
unserved part of correctional labor with arrest or imprisonment, counting 1 day
of arrest as 2 days of correctional labor, or 1 day of imprisonment as 3 days
of correctional labor.
Article
57. Arrest.
1.
Arrest is keeping the
convict in a correctional institution in custody in strict isolation from the
society. The court assigns arrest for the term of 15 days to 3 months and only
in those cases in which arrest was not selected as a measure of restraint.
2.
Persons under 16 years of
age at the time of sentencing, pregnant women and persons caring for children
under 8 years of age, are not put under arrest.
3.
Servicemen serve their
arrest in military houses of arrest.
Article
58. Keeping in disciplinary battalion.
1.
Keeping a conscripted
serviceman in the disciplinary battalion, from 3 months to 2 years, can be
assigned in cases envisaged in the Special Part, as well as in those cases when
the court taking into account the circumstances of the case and the personality
of the convict, finds it expedient to replace a maximum two-year imprisonment
with the disciplinary battalion for the same term.
2.
Replacement of imprisonment
with the disciplinary battalion can not be assigned in relation to persons who
had been sentenced to imprisonment in the past.
Article
59. Imprisonment for a certain term.
1.
Imprisonment is isolation
from the society in the form of keeping the convict in a correctional
institution, in custody.
2.
Imprisonment can last from 3
months to 15 years.
3.
Imprisonment for a crime
through negligence can not exceed 10 years.
4.
When assigning punishment by
aggregate of crimes, in case of complete or partial summation of imprisonment
terms, the maximal term can not exceed 15 years, and by aggregate of sentences,
20 years.
Article
60. Life sentence.
1.
Life sentence is isolation
of the convict in a form of keeping him imprisoned in a corrective institution without
time-limit, which in cases envisaged in this Code can be assigned for
particularly grave crimes.
2.
Persons under 18 years of
age at the time of committal of the crime, and women pregnant at the time of
committal of the crime or sentencing, can not be sentenced to life sentence.
Chapter
10.
Assignment
of punishment.
Article
61. General principles of assigning punishment.
1.
A fair punishment is
assigned in relation to the person found guilty in the committal of a crime
which is determined within the limits of the appropriate article in the Special
Part of this Code, taking into account the propositions of the General Part of
this Code.
2.
The type and degree of
punishment is determined by the extent of social danger of the crime and its
nature, by the characteristic features of the offender, including circumstances
mitigating or aggravating the liability or the punishment.
3.
The most strict punishment
for the crime is assigned only when the less strict type can not serve for the
purposes of the punishment.
Article
62. Circumstances mitigating liability and punishment.
1.
Circumstances mitigating
liability and punishment are as follows:
1)
committal of a not grave and
medium-gravity crime, for the first time, by coincidental circumstances;
2)
being under age at the moment
of committal of the crime;
3)
being pregnant when
committing the crime or when assigning the punishment;
4)
caring for a child under 14
years of age at the moment when assigning the punishment;
5)
committal of crime as a
result of hard living conditions or out of compassion;
6)
committal of crime due to
breach of proportionality of necessary defense, capturing a perpetrator, urgent
necessity, justified risk or carrying out orders or instructions;
7)
illegal or immoral behavior
of the aggrieved which determined the crime;
8)
committal of the crime under
threat or enforcement, or under financial, service or other dependence;
9)
surrender, assistance in
solving the crime, exposing other participants of the crime, in searching the
illegally acquired property;
10)
offering medical or other
assistance to the aggrieved immediately after the crime, voluntary compensation
for the property and moral damage inflicted by the crime, or other actions
aimed at the mitigation of the damage inflicted to the aggrieved.
2.
When assigning a punishment,
other circumstances, not mentioned in part 1 of this Article can be taken into
account as mitigating ones.
3.
If a circumstance mentioned
in part 1 of this Article, is envisaged in the appropriate article of the
Special Part of this Code as an element of a crime, then it can not be
repeatedly taken into account as a circumstance mitigating the liability and
the punishment.
Article
63. Circumstances aggravating the liability and punishment.
1.
Circumstances aggravating
the liability and punishment are as follows:
1)
repeated committal of crime;
committing crime as a trade, occupation;
2)
causing severe consequences
by the crime;
3)
committal of crime in a
group of individuals, in an organized group or as a part of criminal
association;
4)
particularly active role in
the crime;
5)
involvement into the
committal of the crime of persons who obviously suffer from mental disorder or
who are intoxicated, as well as involvement of persons who are still under age
for criminal liability;
6)
committal of crime by
ethnic, racial or religious motives, for religious fanatism, as revenge for
other people’s legitimate actions;
7)
committal of crime to
conceal another crime or in order to facilitate this crime;
8)
committal of crime against
an obviously pregnant woman, against children, other insecure and helpless
persons, or against persons dependent from the perpetrator;
9)
committal of crime against a
person or one’s spouse, or close relative, which is related to the
implementation of service or public duty by this person;
10)
committal of crime by a
person whereby breaching the military or professional oath;
11)
committal of crime with
particular cruelty, treating the aggrieved with humiliation or torture;
12)
committal of crime in a way
that is dangerous for the society;
13)
committal of crime under
martial law or emergency situation, in conditions of a natural or other civil
disaster, as well as during mass disorder and turmoil;
14)
committal of crime under the
influence of alcohol, narcotic drugs or other intoxicating substances;
2.
Based on the nature of the
crime, the court may consider the circumstances mentioned in points 10 and 14
of part 1 of this Article not aggravating.
3.
When assigning punishment
the court can not take into account other circumstances not mentioned in part 1
of this Article.
4.
If the circumstance mentioned
in part 1 of this Article, is envisaged in the appropriate article of the
Special Part of this Code as an element of a crime, then it can not be
repeatedly taken into account as a circumstance aggravating the liability and
the punishment.
Article
64. Assignment of a milder punishment than envisaged by law.
1.
If there are ex
2.
Individual mitigating
circumstances as well as a combination of such circumstances can be considered
ex
Article
65. Assignment of punishment for an unfinished crime.
1.
When assigning punishment
for an unfinished crime, the nature of actions committed by the criminal and
the degree of danger to the society, the degree of implementation of criminal
intent and those circumstances as a result of which the crime was not finished,
are taken into account.
2.
The imprisonment for the
preparation of a crime can not exceed half of the maximal imprisonment term
envisaged in the relevant article of the Special Part, or part thereof.
3.
The imprisonment for the
attempt at a crime can not exceed three quarters of the maximal imprisonment
term envisaged in the relevant article of the Special Part, or part thereof.
4.
Life sentence is not
assigned for the preparation of a crime or for the attempt to commit crime.
Article
66. Assignment of punishment by accumulation of crimes.
1.
When assigning cumulative
punishment (basic and supplementary), separately for each crime, the court
determines the final punishment by absorption of the less severe punishment by
a more severe punishment, or by adding the assigned punishments in full or
partially.
2.
If the aggregate of crimes
involves only minor gravity crimes, then the final punishment is assigned by
absorbing the less grave punishment by a more grave punishment, or by complete
or partial adding of punishments. Particularly, the added up final punishment
can not exceed the maximal punishment envisaged for the gravest committed
crime.
3.
If the aggregate of crimes
involves only medium-gravity or not grave and medium-gravity crimes, then the
final punishment is assigned by complete or partial summation of punishments.
Particularly, the final punishment can not exceed 10 years of imprisonment.
4.
If the aggregate of crimes
involves grave and particularly grave crimes, then the final punishment is
assigned by complete or partial summation of punishments. The final punishment
can not exceed 15 years of imprisonment. If one of the accomplices is sentenced
to life, then the final basic punishment is decided by absorption.
5.
Under cumulative punishment,
a supplementary punishment can be added to the assigned basic punishment for
the aggregate of crimes. When summing up the supplementary punishments
completely or partially, the final supplementary punishment can not exceed the
maximal term or degree established for this type of crime in the General Part
of this Code.
6.
The punishment is assigned
under the provisions of this Article, if after sentencing it turns out that the
convict is also guilty of another crime, committed before the first sentence.
In this case the term of the final punishment is offset by the served part of
the first sentence.
Article
67. Assignment of punishment by accumulation of sentences.
1.
If the convict commits
another crime after sentencing, but before the expiry of the term of the
sentence, the court adds the unserved part of the previously assigned
punishment to the newly assigned punishment, in full or partially.
2.
The final punishment by
accumulation of sentences, provided it does not involve imprisonment, can not
exceed the maximal punishment of this type envisaged in the General Part of
this Code.
3.
The final imprisonment by
accumulation of sentences can not exceed 20 years.
4.
The final punishment by
accumulation of sentences must be greater than both the punishment for the
newly committed crime, and the unserved part of the punishment assigned by the
previous sentence.
5.
When assigning a punishment
by accumulation of sentences, the addition of supplementary punishments is done
as prescribed in Article 67 of this
Code.
6.
If a new crime is committed
by a life-server, the newly assigned punishment is absorbed by the life
sentence.
Article
68. Determining the terms of punishment by summing them up.
1.
When adding up punishments
and sentences under the cumulative system, in full or partially, one day of
imprisonment is equal to:
1)
one day of arrest or keeping
in the disciplinary battalion;
2)
3 days of correctional
labor;
3)
4 hours of public work.
2.
Such punishments as fine,
prohibition to hold certain posts and practice certain professions, deprivation
of special titles or military ranks,
categories, degrees, qualification class, confiscation of property, when added
to the imprisonment, the disciplinary battalion and arrest, are executed
separately.
Article
69. Calculation of the punishment terms and offsetting punishment.
1.
The terms of such
punishments as prohibition to hold certain posts and practice certain
professions, correctional labor, keeping in the disciplinary battalion and
imprisonment are calculated in months and years. The term of public work is
counted in hours. The arrest term is counted in days and months.
2.
When replacing or adding the
punishments mentioned in part 1 of this Article, as well as offsetting the
punishment, the terms can be calculated in days.
3.
Before the sentence comes
into legal force, the term served under arrest is deducted from the assigned
punishment in the form of imprisonment, arrest, the disciplinary battalion,
counting 1 day as 3 days; in the case of correctional labor, 1 day as 2 days;
in the case of public work, 1 day as 6 hours.
4.
Before the sentence comes
into legal force, the term served under arrest or when serving the imprisonment
assigned for the committal of crime in another country, based on Article 16 of
this Code, in case of extradition of the person, 1 day is equal to 1 day.
5.
When assigning a fine, a
prohibition to hold certain posts and practice certain professions, the court
mitigates the assigned punishment or exempts from punishment entirely, taking
into account the time spent under arrest by the person who had been under
arrest prior the proceedings.
6.
The period of enforced
medical treatment of the person who developed a mental disease after the
committal of crime is deducted from the term of the punishment.
Article
70. Conditional punishment.
1.
When assigning a punishment
in the form of public work, arrest, imprisonment or keeping in the disciplinary
battalion, the court comes to the conclusion that the correction of the convict
is possible without serving the sentence, the court can decide not to apply
this punishment conditionally.
2.
When not applying the
punishment conditionally, the court takes into account the features
characterizing the personality of the perpetrator, liability, mitigating and
aggravating circumstances.
3.
When not applying the
punishment conditionally, the court establishes a probation period, from
4.
When not applying
imprisonment conditionally, supplementary punishments can be applied, ex
5.
When deciding not to apply
the punishment conditionally, the court can oblige the convict to carry out
certain duties: not to change the place of permanent residence without
notification of the body in charge of his supervision, to take a treatment
course against alcohol, narcotic drugs, VD or toxicomania, to support the
family financially. By motion of a competent body supervising the convict’s
behavior, or without, the court can also impose other duties on the convict
which will promote his correction.
6.
If during the probation period
the convict commits two or more offences for which is subjected to
administrative arrest, or willfully evades the implementation of the duties
imposed by the court, by motion of the body in charge of supervision of his
behavior, as well as, in case of committal of a negligent or not grave crime,
the court resolves the issue of nullification of the conditional punishment.
7.
In the case of committal of
a medium-gravity, grave or particularly grave crime by the convict during the
probation period, the court can cancel the decision not to apply the punishment
conditionally, and assign a punishment under the provisions of Article 67. The
same rules are applied when assigning a punishment for a new negligent crime,
if the court cancels the decision not to apply the punishment conditionally.
Article
71. Procedure and conditions of punishment implementation
Procedure
and conditions of punishment implementation are established by the law.
Section
4. Exemption from criminal liability and punishment.
Chapter
11.
Exemption
from criminal liability.
Article
72. Exemption from criminal liability in case of repentance.
1.
The person who committed for
the first time a not grave or medium-gravity crime can be exempted from
criminal liability, if he, after the committal of the crime, surrendered,
assisted in solving the crime of his own accord, compensated or mitigated the
inflicted damage in some other way.
2.
The person who committed
another type of crime, in case of the circumstances mentioned in the first part
of this Article, can be exempted from criminal liability only in cases
especially envisaged in the article of the Special Part of this Code.
Article
73. Exemption from criminal liability in case of reconciliation with the
aggrieved.
The
person who committed a not grave crime can be exempted from criminal liability,
if he reconciles with the aggrieved, mitigates or compensates the inflicted
damage in some other way.
Article
74. Exemption from criminal liability due to change of situation.
The
person who committed for the first time a not grave or medium-gravity crime can
be exempted from criminal liability, if it turns out that as a result of the
change of the situation this person or the committed act is no longer dangerous
for the society.
Article
75. Exemption from criminal liability as a result of expiry of the statute of
limitation.
1.
The person is exempted from
criminal liability, if the following periods of time have elapsed after the
committal of the crime:
1)
2 years, since the day of
committal of not grave crime;
2)
5 years, since the day of
committal of medium-gravity crime;
3)
10 years, since the day of
committal of grave crime;
4)
15 years, since the day of
committal of particularly grave crime.
2.
The prescription period is
calculated from the day of committal to the moment when the sentence comes into
legal force.
3.
The prescription period is
disrupted, if prior to the expiry of these period, the person commits a new
medium gravity crime, grave crime or particularly grave crime. In this case the
calculation of the prescription period begins from the moment of committal of
the new crime.
4.
The prescription period is
suspended, if the person avoids investigation or trial. In this case the
prescription period resumes from the moment of arrest or surrender.
Particularly, the person can not be subjected to criminal liability, if 10
years have elapsed since the day of committal of the not grave or
medium-gravity crime, and 20 years have elapsed, in the case of a grave or
particularly grave crime, and no the prescription period was not disrupted with
new crimes.
5.
The court decides the issue
of application of the prescription period to a person who committed a crime
punishable by a life sentence. If the court does not deem possible to exempt
the person from criminal liability due to the expiry of the prescription
period, the life sentence is not applied.
6.
The expiry of the
prescription period is not applicable to persons who committed crimes against
peace and human security envisaged in
Articles 384, 386-391, 393-397 of this Code. Prescription periods are
not applied to the persons who committed crimes envisaged in the RA
international agreements, provided the agreement prohibits the application of
the prescription period.
Chapter
12.
Exemption
from punishment.
Article
76. Exemption from punishment on parole.
1.
The person sentenced to
public work, correctional labor, imprisonment or disciplinary battalion can be
released on parole with his consent, if the court finds that for his correction
there is no need to serve the remaining part of the punishment. Also, the
person can be completely or partially exempted from supplementary punishment.
When exempting from punishment on parole, the court also takes into account the
fact of mitigation of damage to the aggrieved by the convict.
2.
When applying exemption from
punishment on parole, the court can impose on the person the obligations
envisaged in part 5 of Article 70 of this Code, which the person will carry out
during the unserved part of the punishment.
3.
Exemption from punishment on
parole can be applied only if the convict has actually served:
1)
no less then one third of
the punishment for not grave or medium-gravity crime;
2)
no less than half of the
punishment for a grave crime;
3)
no less than two thirds of
the punishment for a particularly grave crime, also, of the punishment assigned
to the person previously released on parole (if the parole was canceled on the
grounds envisaged in part 6 of this Article).
4.
The actual term of
imprisonment served by a person can not be less than 6 months.
5.
A life-server can be
released on parole, if the court finds that the person does not need to serve
the punishment any longer and has in fact served no less than 20 years of
imprisonment.
6.
If during the unserved
period of the punishment:
1)
the convict commits two or
more crimes for which he is subjected to administrative arrest, or willfully
evades the obligations imposed on him by court when releasing him on parole,
then, by motion made by the supervisory body, the court decides to terminate
the release on parole and to implement the unserved part of the punishment.
2)
The convict commits a crime
through negligence, then the court decides the issue of keeping or cancellation
of parole.
3)
The convict commits a
willful crime, then the court assigns a punishment based on the rules envisaged
in Article 67 of this Code. If a crime
through negligence has been committed, the same rules are used to assign
punishment and the court cancels the parole.
7.
If a life-server deliberately
commits a new crime, which is punishable by imprisonment, the period mentioned
in part 5 of this Article is suspended until the expiry of the term for the new
punishment.
Article
77. Replacement of the unserved part of the punishment with a softer
punishment.
1.
The court can replace the
unserved part of the imprisonment for a not grave or medium-gravity crime with
a softer punishment, taking into account the behavior during the punishment and
the mitigation of the inflicted damage. Also, the person can be completely or
partially exempted from the supplementary punishment.
2.
The unserved part of the
punishment can be replaced with a softer punishment, after no less than one
third of the punishment has been served by the convict.
3.
When replacing the unserved
part of the punishment with a softer punishment, the court can choose any
softer punishment from the punishments mentioned in Article 48, within the limits envisaged for
each punishment in this Code.
Article
78. Postponement or exemption from punishment of pregnant women or women with
children under 3 years of age.
1.
Pregnant women or women with
children under 3 years of age, ex
2.
If in cases envisaged in
part 1 of this article the convicted person rejects the child or sends the
child to an orphanage or evades child-care and rearing, for which she received
a written warning from the supervising body, then the court by motion of this
body, can send the convict to serve the punishment assigned in the sentence.
3.
When the child has turned 3
years old or in the event of death of the latter, the court, taking into
account the convict’s behavior, can exempt her from punishment, or replace the
punishment with a softer punishment, or send the convict to serve the unserved
part of the punishment. In this case the court can deduct, completely or partially,
the unserved part of the punishment from the total term.
4.
If a new crime was committed
by the convict within the period of exemption from punishment, then the court
assigns a punishment to her by the rules envisaged in Article 67 of this Code.
Article
79. Exemption from punishment as a result of severe illness.
1.
If the person develops a
mental disease during the period of serving the sentence, which deprived him
from the ability to realize the nature and significance of his actions
(inaction) or from governing his actions, then the court exempts him from
serving punishment. The court can assign an enforced medical treatment of such
a person, and when the person has recovered, he can be subjected to the
punishment.
2.
If the person develops
another severe disease after committing the crime or after the issuance of the
sentence, which prevents him from serving the sentence, the court can exempt
him from serving the sentence, taking into account the gravity of the committed
crime, the personality of the convict, the nature of the disease and other
circumstances.
3.
Persons defined by part one
or part two of this article can be subject to criminal liability or punishment in
case of recovery, if expiry dates set forth in articles 75 and 81 of this Code have
not passed.
4.
A serviceman is exempted
from serving the punishment in the disciplinary battalion in the case of an
illness as a result of which he is considered not eligible for military
service.
Article
80. Exemption from punishment as result of extraordinary circumstances.
A
person convicted for not grave or medium-gravity crime can be exempted from
punishment, if the further serving of the punishment can cause severe
consequences for the convict or his family, as a result of fire, man-made or
natural disaster, the severe illness or death of the only capable member of the
family, or other extraordinary circumstances.
Article
81. Exemption from punishment due to expiry of the accusatory court sentence.
1.
The person convicted for
crime is exempted from serving the punishment, if after coming into legal
force, the accusatory court sentence has not been carried out within the
following deadlines:
1)
2 years, in case of being
convicted for not grave crime;
2)
5 years, in case of being
convicted for medium-gravity crime;
3)
10 years, in case of being
convicted for grave crime;
4)
15 years, in case of being
convicted for particularly grave crime.
2.
The expiry period is
terminated if prior to the expiry of this period, the person commits a new
willful crime. In this case the calculation of the expiry period begins from
the committal of a new crime.
3.
The expiry period is
terminated, if the convict evades from serving the punishment. In this case the
expiry period is renewed from the moment of capturing of the person or his
surrender. Also, an accusatory sentence can not be implemented, if 10 years
have elapsed since the sentence for the committal of the not grave or
medium-gravity crime was adopted, and in the case of grave and particularly
grave crime, 20 years have elapsed since the sentence, and the expiry period
was not disrupted with a new crime.
4.
The court decides the issue
of application of the expiry date to the person who was convicted as a
life-server. If the court does not find possible to apply the expiry date, then
this punishment is replaced with an imprisonment for a certain term.
5.
The expiry date is not
applicable to the persons who committed crimes against peace and human
security, envisaged in Articles 384,
386-391, 393-397 of this Code.
Chapter
13.
Amnesty,
pardon, criminal record.
Article
82. Amnesty.
The
person who committed a crime can be exempted from criminal liability by an act
of amnesty adopted by the legislature, and the convict can be completely or
partially exempted from the basic, as well as, from the supplementary
punishment, and the convict’s unserved
part of the punishment can be replaced with a softer punishment, or the
criminal record can be expunged.
Article
83. Pardon.
The
act of pardon can completely or partially exempt the convict from the basic, as
well as, from the supplementary punishment, or the convict’s unserved part of
the punishment can be replaced with a softer punishment, or the criminal record
can be expunged.
Article
84. Criminal record.
1.
The person is regarded as
one with a criminal record from the day when an accusatory sentence came into
legal force until the day of quashing or expunging the criminal record.
2.
According to this Code, the
criminal record is taken into account in the case of recidivism or when
assigning a punishment.
3.
The persons who were
convicted by court sentence without assigning a punishment or were exempted
from serving the punishment by court sentence, or served the punishment for the
act whose criminality and punishability have been eliminated by law, are
considered as not having a criminal record.
4.
The criminal record is
quashed:
1)
In case of conditional
punishment, after the expiry of the probation period after parole;
2)
in relation to persons
sentenced to a punishment softer than imprisonment, 1 year after having served
the assigned punishment;
3)
in relation to persons
sentenced to imprisonment for not grave or medium-gravity crimes, 3 years after
having served the assigned punishment;
4)
in relation to persons
sentenced to imprisonment for grave crimes, 5 years after having served the
assigned punishment;
5)
in relation to persons
sentenced to imprisonment for particularly grave crimes, 8 years after having
served the assigned punishment.
5.
If the person has been
exempted from serving the punishment on parole or the unserved part of the
sentence was replaced with a softer punishment, then the quashing of the
criminal record is calculated after having served the basic and supplementary
punishment.
6.
If after having served the
sentence the person has manifested impeccable behavior, then at his request the
court can quash the criminal record before the deadline of quashing the
criminal record, but no sooner than after half of that deadline has elapsed.
7.
If the person commits a new
crime before the quashing of the criminal record, then the deadline for
criminal record quashing is disrupted. The deadline of criminal record quashing
for the first crime is calculated anew, after the actual serving of (main and
additional) punishment. In this case, the person is deemed convicted for both
crimes before the expiry of the criminal record for the more grave crime.
8.
Quashing the criminal record
eliminates all legal consequences concerned with the criminal record.
Section
5.
Peculiarities
of criminal liability and punishment for minors.
Chapter
14.
Peculiarities
of criminal liability and punishment for minors.
Article
85. Criminal liability and punishment of minors.
1.
Minors are subject to
criminal liability and punishment is assigned to them in accordance with the
propositions of this Code, taking into account the rules envisaged in this
Section.
2.
A punishment or enforced
disciplinary measures can be assigned in relation to a minor who committed a
crime.
Article
86. Types of punishment.
The
types of punishment assigned in relation to the minors are as follows:
1)
fine;
2)
public work;
3)
arrest;
4)
imprisonment for a certain
period.
Article
87. Fine.
1.
Fines are used if the minor
has individual income or in the case of such property, to which confiscation
can be extended.
2.
Fines are assigned in the
amount from 10 to 500 minimal salaries established in the
Article
88. Arrest.
Arrest,
for the period from 15 days to 3 months, is assigned in relation to a minor who
has reached the age of 16 years at the moment of sentence.
Article
89. Imprisonment.
1.
Imprisonment can be assigned
in relation to a minor only for the committal of medium-gravity, grave or
particularly grave crime.
2.
Imprisonment in relation to
minors is assigned:
1)
for medium-gravity crime, a
term up to 3 years;
2)
for grave or particularly
grave crime, committed under 16 years of age, a term up to 7 years;
3)
for grave or particularly
grave crime, committed at the age of 16 to 17 years, a term up to 10 years.
Article
90. Assigning punishment.
1.
When assigning punishment to
a minor, his living and rearing conditions are taken into account, the degree
of mental development, health, other features of personality, as well as the
influence of other persons.
2.
Imprisonment by accumulation
of crimes in relation to persons under 16 years of age who committed
medium-gravity, grave or particularly grave crimes can not exceed 7 years.
3.
Imprisonment by accumulation
of crimes in relation to persons from 16 to 18 years of age who committed
medium-gravity, grave or particularly grave crimes can not exceed 10 years.
4.
The final punishment
assigned in the form of imprisonment by accumulation of sentences can not
exceed 12 years.
Article
91. Exemption from criminal liability by application of enforced disciplinary
measures.
1.
The minor who committed for
the first time a not grave or medium-gravity crime can be exempted from
criminal liability by the court, if the court finds that his correction is
possible by application of enforced disciplinary measures.
2.
The court can assign the
following enforced disciplinary measures in relation to the minor:
1)
warning;
2)
handing over for supervision
to the parents, persons replacing the parents, local self-government bodies, or
competent bodies supervising the convict’s behavior for up to 6 months;
3)
imposing the obligation to
mitigate the inflicted damage, within a deadline established by the court;
4)
restriction of leisure time
and establishment of special requirements to the behavior, for up to 6 months.
3.
By motion of competent
bodies supervising the convict’s behavior, the court can apply other forced
disciplinary measures to the minor.
4.
Several parallel of enforced
disciplinary measures can be assigned in relation to the minor.
5.
If the minor regularly evades
from the enforced disciplinary measures, by motion of the local body of
self-government or competent bodies supervising the convict’s behavior, the
documents are forwarded to the court, to resolve the issue of cancellation of
the of enforced disciplinary measure and subjecting the minor to criminal
liability.
6.
When committing a new crime,
the minor is not subjected to criminal liability for the previous crimes for
which he was sentenced to enforced disciplinary measures.
Article
92. The essence of enforced disciplinary measures.
1.
Warning is an explanation to
the minor about the damage inflicted by his act and about the consequences of
repeated committal of crimes envisaged in this Code.
2.
Handing over for supervision
to the parents, persons replacing the parents, competent bodies supervising the
convict’s behavior or local bodies of self-government is imposing the duty to
exert disciplinary influence and monitor the minor’s behavior.
3.
The duty to mitigate the
inflicted damage is imposed taking into account the property status of the
minor and the existence of appropriate labor capacities.
4.
Restriction of leisure time
and establishment of special requirements to the behavior can envisage a
prohibition of visiting certain places, of certain past-times, including the
ban to drive mechanical means of transportation, staying out of home at certain
time of the day, traveling without authorization of the local body of
self-government. The minors can be also required to return to an educational
institution or to be employed by motion of the local self-government body.
Article
93. Exemption from punishment by placement in special educational and
disciplinary or medical and disciplinary institution.
1.
A minor who committed a not
grave or medium-gravity crime can be exempted from punishment, if the court
finds that the purpose of the punishment can be achieved by placing the minor
in a specialized educational and disciplinary or medical and disciplinary
institution.
2.
Assignment to specialized
educational and disciplinary or medical and disciplinary institution is done for
the term of up to three years, but not more than needed to become major.
3.
Staying in the institutions described
in the first or the second part of this article can be terminated ahead of
time, if by motion of the head of the specialized educational and disciplinary
or medical and disciplinary institution, the court finds that the minor does
not need any longer the application of this measure.
Article
94. Exemption from punishment on parole.
Exemption
from punishment on parole in relation to a minor who committed a crime and was
sentenced to imprisonment for a crime committed at a minor age can be applied,
if the convict actually has served:
1)
no less than one quarter of
the punishment assigned for a not grave or medium-gravity crime;
2)
no less than one third of
the punishment assigned for a grave crime;
3)
no less than half of the
punishment assigned for a particularly grave crime.
Article
95. Exemption from criminal liability or punishment due to expiry of
prescription period.
When
exempting a person who committed a crime under 18 years of age from criminal
liability or punishment due to expiry of prescription period, the prescription
periods envisaged in Articles 75 and 81
of this Code are reduced by half respectively.
Article
96. Quashing the criminal record.
1.
After having served a
punishment not related to imprisonment, the criminal record of the person is
considered quashed.
2.
For persons under 18 who
committed crime, the deadlines of criminal record quashing specified in Article 84 of this Code, are reduced, and are
respectively equal to:
1)
1 year, after having served
an imprisonment for medium-gravity crime;
2)
3 years, after having served
an imprisonment for grave crime;
3)
5 years, after having served
an imprisonment for particularly grave crime.
Section
6. Measures of medical enforcement.
Chapter
15. Measures of medical enforcement.
Article
97. Grounds for application of medical enforcement measures.
1.
The court can apply medical
enforcement measures in relation to the person who:
1)
committed the act envisaged
in an article of the Special Part of this Code in an insane state.
2)
Who after the committal of
the crime develops such a mental disorder which makes assignment or
implementation of the punishment impossible.
3)
Who committed a crime in the
state of limited sanity.
4)
Who committed a crime and
has been recognized as one in need of treatment against alcohol or drug
addiction.
2.
Medical enforcement measures
in relation to persons mentioned in part 1 of this Article are assigned only
when the mental disorder is related to the danger of inflicting other essential
damage or to the danger for other persons or themselves.
3.
The procedure of application
of medical enforcement measures is established in the Criminal executive Code
of the
4.
The court can submit
necessary documents to health-care bodies in relation to the persons mentioned
in part 1 of this Article whose mental state is not dangerous, to solve the
issue of treatment of these people or sending them to neurological
institutions.
Article
98. Types of medical enforcement measures.
1.
The types of medical
enforcement measures are:
1)
outpatient supervision by
psychiatrist and enforced treatment;
2)
enforced treatment in
general psychiatry hospitals;
3)
enforced treatment in
special psychiatry hospitals;
2.
The court can assign in
addition to punishment a outpatient supervision by psychiatrist and enforced
treatment for those convicted for committal a crime in the state of mental
disorder not ruling out sanity, but who need treatment against alcohol, drugs
or mental disorder not ruling out sanity.
Article
99. Outpatient supervision by psychiatrist and enforced treatment.
Outpatient
supervision by psychiatrist and enforced treatment can be assigned if the
person in his mental state does not need to be admitted to a psychiatry
hospital.
Article
100. Enforced treatment in psychiatry hospital.
1.
Enforced treatment in
psychiatry hospital can be assigned, if the state of mental disorder of the
person requires treatment, care, such conditions of keeping and supervision
which can be implemented only in a psychiatry hospital.
2.
Enforced treatment in
general psychiatry hospitals can be assigned in relation to the person who due
to his mental state needs hospital treatment and supervision.
3.
Enforced treatment in
special psychiatry hospitals can be assigned in relation to the person whose
mental state is dangerous for oneself and other persons or requires permanent
supervision.
Article
101. Assignment, change and termination of enforced medical measures.
1.
When assigning enforced
medical measures the court takes into account the mental disorder of the
person, the nature of committed act and the degree of danger for the society.
2.
In case of the person’s
recovery or change of his illness when there is no need in enforced medical
measure, the court, based on the conclusion of the medical institution, makes a
decision to terminate the application of these measures.
3.
Based on the conclusion of
the medical institution, the court can decide also to change the type of the
enforced medical measure.
Article
102. Offsetting the period of application of enforced medical measures.
In
the case of treatment of a person whose mental disorder occurred after the
committal of the crime, when assigning or restoring the serving of the
punishment, the period of application of enforced medical measures in the
psychiatry hospital is deducted from the term of punishment, calculating one
day in the psychiatry hospital as equal to one day of imprisonment.
Article
103. Enforced medical measures added to execution of punishment.
1.
In cases envisaged in part 2
of Article 98 of this Code, enforced medical measures are applied at the place
of imprisonment, and in relation to convicts sentenced to other types of
punishment, in outpatient psychiatry institutions.
2.
Termination of application
of enforced medical measures together with execution of punishment is done by
the court, by motion of the body executing the punishment, based on the
conclusion of a commission of psychiatrists.
Section
7. Crimes against man.
Chapter
16. Crimes
against life and health.
Article 104.
Murder
1.
Murder is illegal willful
deprivation of one’s life punished with imprisonment for 6 to 12 years.
2.
Murder:
1)
of 2 or more persons,
2)
of the person of close
relative of the latter, due to service and public duty of the person;
3)
combined with kidnapping or
taking hostage;
4)
pregnant woman;
5)
with particular cruelty;
6)
committed in a way dangerous
for the life of many people;
7)
by a group of people or by
an organized group;
8)
out of mercenary motives and
combined with extortion and banditry;
9)
combined with terrorism;
10)
out of hooliganism;
11)
to conceal another crime or
to facilitate the committal of the latter;
12)
combined with rape or
violent sexual actions;
13)
out of motives of national,
race or religious hate or fanatism;
14)
for the purpose of
utilization of the parts of the body or tissues of the victim;
15) by a person who
previously committed a murder, ex
is punished with 8-15 years of imprisonment
or for life.
Article 105. Murder in the state of strong temporary insanity (fit of
insanity).
1.
The murder committed in the state of suddenly
arising depression caused by regular illegal and immoral behavior of the
aggrieved as well as the murder committed in the state of sudden insanity
caused by the violence, mockery, heavy insults or other illegal, immoral
actions (inaction) of the aggrieved, is punished with imprisonment for the term
of up to 4 years.
2.
Murder of two or more persons in the state of strong
insanity, is punished with imprisonment for the term of up to 6 years.
Article 106. Murder of a newly born child by the mother.
Murder of a newly born child by the mother during the child birth or
immediately thereafter, as well as in the state of depression or in the state
of mental disorder not ruling out sanity, is punished with imprisonment for the
term of up to 4 years.
Article 107. Murder of a criminal through the use of excessive measures
when capturing the latter.
Murder of a criminal through the use of excessive measures when
capturing the latter, is punished with restriction of freedom for the term of 3
years or with imprisonment for the term of up to 3 years.
Article 108. Murder by exceeding necessary defense.
Murder by exceeding necessary defense is punished with imprisonment for
the term of up to 3 years.
Article 109. Causing death by negligence.
1. Causing death by
negligence is punished with imprisonment for the term of 3 years.
2. Causing death by
negligence to two or more people is punished with imprisonment for the term of
up to 5 years.
Article 110. Causing somebody to commit suicide.
1. Causing somebody
to commit suicide or make an attempt at a suicide by indirect willfulness or by
negligence, by means of threat, cruel treatment or regular humiliation of one’s
dignity, is punished with imprisonment for the term of up to 3 years.
2. The same act
committed in relation to a person in financial or other dependence of the
perpetrator, is punished with imprisonment for the term of up to 5 years.
Article 111. Abetment of suicide.
Abetment of suicide, creation of determination in the person to commit
suicide by means of instructions, de
Article 112. Infliction of willful heavy damage to health.
1. Infliction of
willful bodily damage which is dangerous for life or caused loss of eye-sight,
speech, hearing or any organ, loss of functions of the organ, or was manifested
in irreversible ugliness on face, as well as caused other damage dangerous for
life or caused disorder, accompanied with the stable loss of no less than one
third of the capacity for work, or with complete loss of the professional
capacity for work obvious for the perpetrator, or caused disruption of
pregnancy, mental illness, drug or toxic addiction, is punished with
imprisonment for the term of 3 to 7 years.
2. The same act,
committed:
1) in relation to
two or more persons;
2) in relation to
the person or his relatives, concerned with this duty or carrying out one’s
public duty;
3) in relation to a
kidnapped person or hostage;
4) with particular
cruelty;
5) by a means
dangerous for other people’s life;
6) by a group of
persons, by an organized group;
7) with mercenary
motives, as well as accompanied with extortion;
8) accompanied with
terrorism;
9) with hooligan
motives;
10) to conceal
another crime or facilitate its committal;
11) accompanied with
rape or violent sexual acts;
12) with motives of
national, racial or religious hatred or religious fanatism;
13) with the purpose
of using the parts of the body or tissues of the aggrieved,
14) if caused the
death of the aggrieved by negligence,
is punished with imprisonment for the term of 5 to 10 years.
Article 113. Infliction of willful medium-gravity damage to health.
1. Infliction of
willful bodily injure or any other damage to health which is dangerous for life
and did not cause consequences envisaged in
Article 114 of this Code, but caused protracted health disorder or
significant stable loss of no less than one third of the capacity to work, is
punished with arrest for the term of 3 to 6 months or imprisonment for the term
of up to 3 years.
2. The same act, if
committed:
1) in relation to 2
or more persons;
2) in relation to
the person or his relatives, concerned with this person in the line of duty or
carrying out one’s social duty;
3) by a group of
persons or by an organized group;
4) for mercenary
purposes;
5) with particular
cruelty;
6) with hooligan
motives;
7) with motives of
national, racial or religious hatred or religious fanatism,
is punished with imprisonment for the term of up to 5 years.
Article 114. Infliction of medium-gravity or grave damage to health in
the state of temporary insanity.
1. Infliction of
medium-gravity damage to health committed in the state of protracted depression
caused by regular illegal and immoral behavior of the aggrieved as well as
committed in the state of sudden affect caused by the violence, mockery, heavy
insults or other illegal, immoral actions (inaction) of the aggrieved, is
punished with correctional labor for the term of up to 1 year, or with arrest
for for up to 2 years, or with imprisonment for the term of up to 2 years.
2. Infliction of
grave damage to health which was committed in the circumstances mentioned in
part 1 of this Article, is punished with arrest for 2-3 months, or imprisonment
for the term of up to 3 years.
Article 115. Infliction of medium-gravity or grave damage to a criminal
when capturing the latter, through the use of excessive measures.
1. Infliction of
medium-gravity damage to a criminal when capturing the latter, through the use
of excessive measures, is punished with correctional labor for up to 1 year or
arrest for the term of up to 2 months, or with imprisonment for the term of up
to 1 year.
2. Infliction of
grave damage to a person who committed a socially dangerous act when capturing
the latter, through the use of excessive measures, is punished with
correctional labor for up to 2 years, or arrest for the term of up to 1-3
months, or with imprisonment for the term of up to 2 years.
Article 116. Inflicting medium-gravity or grave damage by exceeding the
limits of necessary defense.
1. Inflicting
medium-gravity damage by exceeding the limits of necessary defense is punished
with correctional labor for the term of up to 1 year, or with arrest for up to
2 months, or with imprisonment for the term of up to 1 year.
2. Inflicting grave
damage by exceeding the limits of necessary defense is punished with
correctional labor for the term of up to 2 years, or with arrest for 1-3
months, or with imprisonment for the term of up to 2 years.
Article 117. Infliction of willful light damage to health.
Infliction of a willful bodily injury or other damage to health which
caused short-term health disorder or insignificant loss of the capacity to
work, is punished with a fine in the amount of 50 to 80 minimal salaries, or
180-240 hours of corrective labor, or correctional labor for up to 1 year, or
with arrest for up to 2 months.
Article 118.
Battery or committal of other violent acts which did not cause the
consequences envisaged in Article 117,
is punished with a fine in the amount of up to 100 minimal salaries, or
correctional labor for up to 1 year, or with arrest for the term of up to 2
months.
Article 119. Torture.
1. Torture is
willfully causing strong pain or bodily or mental sufferance to a person, if
this did not cause consequences envisaged in
Articles 112 and 113, is punished with imprisonment for the term up to 3
years.
2. The same actions,
committed:
1) in relation to 2
or more persons;
2) in relation to
the person or his relatives, concerned with this person in the line of duty or
carrying out one’s public duty;
3) in relation to a
minor or a person dependent financially or otherwise on the perpetrator, as
well as, in relation to a kidnapped person or hostage.
4) In relation to a
pregnant woman;
5) By a group of
persons or by an organized group;
6) With particular
cruelty;
7) with motives of
national, racial or religious hatred or religious fanatism,
is punished with imprisonment for the term of 3 to 7 years.
Article 120. Inflicting grave damage through negligence.
1. Inflicting grave
damage through negligence is punished with a fine in the amount of up to 200
minimal salaries or with corrective labor for up to 1 year, or arrest for the
term of 1 to 2 months.
2. Inflicting grave
damage through negligence to 2 or more persons is punished with correctional
labor for the term of up to 2 years or with imprisonment for the term of up to
2 years.
Article 121. Inflicting medium-gravity damage through negligence.
1. Inflicting
medium-gravity damage through negligence is punished with a fine in the amount
of 50 to 100 minimal salaries, or corrective labor for the term of up to 1
year, or with arrest for the term of up to 2 months.
2. Inflicting
medium-gravity damage through negligence to 2 or more persons is punished with
correctional labor for the term of up to 2 years or with imprisonment for the
term of up to 1 year.
Article 122. Performing illegal abortion.
1. Performing
illegal abortion by a person with appropriate higher medical education is
punished with a fine in the amount of up to 100 minimal salaries, or corrective
labor for 1-2 years, or with arrest for the term of up to 1 month, or with
deprivation of the right to hold certain
posts and practice certain activities for the term of up to 3 years.
2. Making illegal
abortion by a person with no appropriate higher medical education is punished
with a fine in the amount of up to 200 minimal salaries or with arrest for the
term of 1 to 3 months, or with imprisonment for the term of up to 2 years.
3. Actions envisaged
in part 1 or 2 of this article, if they
caused the death of the aggrieved or grave damage to the health by negligence,
or were performed by a person previously convicted for illegal abortion, are punished
with imprisonment for the term of up to 5 years, deprivation of the right to hold certain posts and practice
certain activities for the term of up to 3 years.
Article 123. Infecting with AIDS virus.
1. Subjecting
another person to the obvious danger of infection with AIDS, is punished with
correctional labor for the term of up to 2 years, or with arrest for the term
of up to 2 months, or with imprisonment for the term of up to 1 year.
2. Infecting another
person with AIDS willfully or self-confidently, by another person who was aware
that he had the disease, is punished with imprisonment for the term of up to 1
year.
3. The committed
actions envisaged in part 2 of this Article, which was committed:
1) in relation to 2
or more persons;
2) in relation to a
minor,
3) in relation to a
pregnant woman,
are punished with imprisonment for the term of 3 to 8 years.
Article 124. Infecting with venereal or other sexually transmitted
diseases.
1. Infecting another
person with venereal disease or other sexually transmitted diseases by a person
who was aware that he had this disease is punished with a fine in the amount of
200 to 400 minimal salaries, or correctional labor for 1-2 years, or with
arrest for 1 to 3 months.
2. The same action
committed in relation to:
1) in relation to 2
or more persons;
2) in relation to a
minor,
3) in relation to a
pregnant woman,
is punished with a fine in the amount of 300 to 500 minimal salaries,
or with imprisonment for the term of up to 2 years.
Article 125. Breach of rules for transplantation operations.
1. Breach of
procedure and conditions envisaged by law for harvesting or transplantation of
parts of human body or tissues, which through negligence caused grave or
medium-gravity damage to the donor of the parts of the body or tissues or to
the recipient, is punished with a fine in the amount of 300 to 500 minimal
salaries, or with imprisonment for the term of up to 3 years, or deprivation
of the right to hold certain posts and
practice certain activities for the term of up to 3 years or without the
latter.
2. The same actions
which through negligence caused the death of the aggrieved, is punished with
imprisonment for the term of up to 5 years, deprivation of the right to hold certain posts and practice
certain activities for the term of up to 3 years.
Article 126. Enforced donation of parts of the body or tissues.
1.
Making a person donate parts of the body or tissues
for transplantation or experimental purposes, by violence or threat of violence
is punished with imprisonment for the term of up to 4 years, with deprivation
of the right to hold certain posts and
practice certain activities for the term of up to 3 years, or without that.
2.
The same action committed:
1) in relation to a
helpless person;
2) in relation to a
person financially or otherwise dependent on the perpetrator;
3) in relation to a
minor,
is punished with imprisonment for the term of 2 to 5 years, with
deprivation of the right to hold certain
posts and practice certain activities for the term of up to 3 years, or without
that.
3.
The action envisaged in parts 1 or 2 of this Article,
committed by an organized group, is punished with imprisonment for the term
from
Article 127. Subjecting a person to medical or scientific experiment
without the consent of the latter.
1.
Subjecting a person to medical or scientific experiment
without free expression of will and informed and proper consent of the latter,
is punished with a fine in the amount of 200 to 400 minimal salaries,
deprivation of the right to hold certain
posts and practice certain activities for the term of up to 3 years, or without
that.
2.
The same act committed:
1) in relation to a
helpless person;
2) in relation to a
person financially or otherwise dependent on the perpetrator;
3) in relation to a
minor,
is punished with imprisonment for 1 to 3 years, deprivation of the right to hold certain posts and practice
certain activities for the term of up to 3 years, or without that.
3.
The same act committed by an organized group or
caused severe consequences by negligence, is punished with imprisonment for 2
to 6 years, deprivation of the right to
hold certain posts and practice certain activities for the term of up to 3
years, or without that.
Article 128. Abandonment in danger.
1.
Failure to offer needed and obviously urgent help to
a person in a situation posing danger to life or failure to advise relevant
bodies about the necessity to help, if the offender was not obliged to care
about the aggrieved and which did not threaten the offender’s life, is punished
with a fine in the amount of 50 to 100 minimal salaries, or corrective labor
for up to 1 year.
2.
Abandonment of a person deprived from the
possibility to take measures for one’s self-protection in a situation dangerous
for life or health, if the offender had the real possibility to help this
person and was obliged to take care of this person, or the offender placed this
person in a dangerous situation, is punished with a fine in the amount of 100
to 150 minimal salaries, or with arrest for up to 2 months.
3.
The act envisaged in part 2 of this Article which
caused death or other grave consequences, is punished with a fine in the amount
of 100 to 200 minimal salaries, or with arrest for up to 3 months, or with
imprisonment for up to 3 years.
Article 129. Failure to help the patient.
1. Failure without
good reasons by the person who was obliged to help the patient, if this caused
grave or medium-gravity damage to the patient through negligence, is punished
with a fine in the amount of 50 to 100 minimal salaries, or correctional labor
for up to 1 year, or with an arrest for the term of 1 to 2 months.
2. The same crime,
if the action, through negligence, caused the patient’s death, is punished with
imprisonment for the term of up to 3 years, with deprivation of the right to hold certain posts and practice
certain activities for the term of up to 3 years, or without that.
Article 130. Failure to implement or improper implementation of
professional duties by medical and support personnel.
1. Failure to
implement or improper implementation of professional duties by medical and
support personnel, as a result of careless or not diligent treatment which
through negligence caused grave or medium-gravity damage to the patient, is
punished with a fine in the amount of 100 to 200 minimal salaries, or with
arrest for the term of up to 3 months.
2. The same action,
if it caused through negligence the patient’s death or AIDS infection, is
punished with imprisonment for the term from
Chapter 17. Crimes against
human freedom, honor and dignity.
Article 131. Kidnapping.
1.
The recruitment, transportation, transfer,
harboring, or receipt of persons by means of the threat or use of force, of
kidnapping, of fraud, of other de
is punished with
imprisonment for the term of 2 to 5 years.
2. The same action
committed:
1) by a group of
persons with prior agreement;
2) by using violence
dangerous for life or health or threat of using violence;
3) by using weapons
or items used as weapons;
4) against a minor;
5) against a
pregnant woman;
6) against two or
more persons;
7) with mercenary
motives,
8) by a person
previously convicted for kidnapping,
is punished with imprisonment for the term of 4 to 8 years.
3. The act envisaged
in part 1 or 2 of this Article, if:
1) it was done by an
organized group;
2) by negligence the
death of the aggrieved was caused or other grave consequences, or grave damage
was inflicted to his health,
is punished with imprisonment for the term of 7 to 10 years.
Article 132. Trafficking
1.
Recruitment, transportation, transfer, harboring, or
receipt of persons for the purpose of sexual exploitation or forced labor, by
means of the threat or use of force, of fraud, of using the dependence, of blackmail,
of threat of destruction or damage to property, if this was done for mercenary
purposes, is punished with a fine in the amount of 300 to 500 minimal salaries,
or correctional labor for up to 1 year, or arrest for up to 2 months, or imprisonment
for the term of 1 to 4 years.
2.
The same act committed:
1)
by a group of persons with prior agreement;
2)
with violence dangerous for life or health, or
threat thereof;
3)
against a minor;
4)
against 2 or more persons;
is punished with correctional labor for up to 2 years, or imprisonment
for up to
3. Actions envisaged in parts 1 or 2 of this
Article, which:
1) were done by an organized group;
2) caused the death of the aggrieved by
negligence or other grave consequences,
is punished with imprisonment for 5 to 8 years.
Article 133. Illegal deprivation of
freedom.
1. Illegal
deprivation of freedom not concerned
with kidnapping is punished with correctional labor for up to 2 years, or with
arrest for the term of 1 to 3 months, or with imprisonment for up to 2 years.
2. The same action
committed:
1) by a group with prior agreement;
2) using dangerous violence or threat of using violence;
1) by using weapons
or items used as weapons;
2) against a minor;
3) against a
pregnant woman;
4) against two or
more persons;
5) with mercenary
motives,
is punished with imprisonment for 3 to 5 years.
3. Actions envisaged
in parts 1 or 2 of this Article, if:
3) done by an
organized group;
4) the death of the
aggrieved was caused by negligence or other grave consequences,
is punished with imprisonment for 4 to 8 years.
Article 134. Illegal placing or keeping in a psychiatry hospital.
1.
Illegal placing or keeping a person in a psychiatry
hospital is punished with imprisonment for up to 3 years.
2.
The same action:
1) committed for
mercenary motives;
2) committed by
abuse of one’s official position;
3) the death of the
aggrieved was caused by negligence or other grave consequences, is punished
with imprisonment for 4 to 7 years, with deprivation of the right to hold certain posts and practice
certain activities for the term of up to 3 years, or without that.
Article 135. Libel.
1. Dissemination of
false information humiliating the person’s good reputation, dignity and honor,
is punished with a fine in the amount of 50 to 150 minimal salaries, or
correctional labor for up to 1 year.
2. Libel through
public speeches, publicly demonstrated works or through mass media, is punished
with a fine in the amount of 100 to 200 minimal salaries, or correctional labor
for 1-2 years, or with arrest for up to 2 months.
3. Actions envisaged
in parts 1 or 2 of this Article, accompanied with accusation of the person of
committing grave or particularly grave crime,
are punished with correctional labor for up to 2 years, or with arrest
for the term of 1 to 2 months, or with imprisonment for up to 3 years.
Article 136. Insult.
1. Insult is
improper humiliation of other person’s honor and dignity, is punished with a
fine in the amount of up to 100 minimal salaries, or correctional labor for up
to 6 months..
2. Insult manifested
in public speeches, in publicly demonstrated works or by mass media, is
punished with a fine in the amount of 50 to 200 minimal salaries, or
correctional work for up to 1 year.
Article 137. Threat to murder, to inflict heavy damage to one’s health
or to destroy property.
1.
The threat to murder, to inflict heavy damage to
one’s health or to destroy property of big volume, provided there was real
danger that this threat would be carried out, is punished with correctional
labor for up to 1 year, or arrest for up to 2 months, or imprisonment for up to
2 years.
2.
The term "property of big volume" in this
article shall mean to the amount of 500 to 3000 minimal salaries.
Chapter 18. Crimes against
sexual immunity and sexual freedom.
Article 138. Rape.
1. Rape, sexual
intercourse of a man with a woman against her will, using violence against the
latter or some other person, with threat thereof, or taking advantage of the
woman’s helpless situation, is punished with imprisonment for the term of 3 to
6 years.
2. The rape which:
1) was done by a
group of persons;
2) was done against
the aggrieved or other person with particular cruelty;
3) was done against
a minor,
4) caused the death
of the aggrieved or heavy consequences, by negligence;
5) committed by a
person previously convicted under Articles 138 and 139 of this Code;
is punished with an imprisonment for the term of 4 to 10 years.
3. The actions
mentioned in part 1 or 2 of this Article, against an aggrieved under 14 years
of age,
is punished with an imprisonment for the term of 8 to 15 years.
Article 139. Violent sexual actions.
1. Homosexual,
lesbian or other sexual actions against the aggrieved, by using force against
the latter or other persons, or threat of using force, or by taking advantage
of the aggrieved person’s helplessness, are punished with an imprisonment for
the term of 3 to 6 years.
2. The same actions:
1) done by a group
of persons;
2) done against the
aggrieved or other person with particular cruelty;
3) done against a
minor,
4) caused the death
of the aggrieved or heavy consequences, by negligence;
5) committed by a
person previously convicted under Articles 138 and 139 of this Code
is punished with an imprisonment for the term of 4 to 10 years.
3. The actions mentioned in part 1 or 2 of this Article done against an
aggrieved under 14 years of age,
is punished with an imprisonment for the term of 8 to 15 years.
Article 140. Forced violent sexual acts.
Forcing a person to sexual intercourse, homosexuality, lesbianism or
other sexual actions, by means of black mail, threats to destroy, damage or
seize property, or using the financial or other dependence of the aggrieved, is
punished with a fine in the amount of 200 to 300 minimal salaries, or
correctional labor for up to 2 years, or with imprisonment for the term of up
to 1 year.
Article 141. Sexual acts with a person under 16.
Sexual intercourse or other sexual acts with a person obviously under
16, by a person who reached 18 years of age, in the absence of elements of
crime envisaged in Articles 138, 139 or
140 of this Code,
Is punished with correctional labor for the term of up to 2 years, or
with imprisonment for the term of up to 2 years.
Article 142. Lecherous acts.
1.
Lecherous acts with a person obviously under 16, in
the absence of elements of crime envisaged in
Article 140 or 141, is punished with a fine in the amount of 200 to 400
minimal salaries, or with correctional labor for up to 1 year, or with
imprisonment for up to 2 years.
2.
The acts envisaged in part 1 of this Article
committed with violence or threat thereof, are punished with imprisonment for
up to 3 years.
Chapter 19. Crimes against
constitutional human rights and freedoms of citizens.
Article 143. Breach of citizens’ legal equality.
1. Direct or
indirect breach of the human rights and freedoms of citizens, for reasons of
the citizen’s nationality, race, sex, language, religion, political or other
views, social origin, property or other statuses, which damaged the citizen’s
legal interests, is punished with a fine in the amount of 200 to 400 minimal
salaries, or with imprisonment for up to 2 years.
2. The same action
committed by abusing official position, is punished with a fine in the amount
of 300 to 500 minimal salaries, or by deprivation of the right to hold certain posts or practice
certain activities for 2 to 5 years, or with imprisonment for up to 3 years.
Article 144. Illegal collecting, keeping, use and dissemination of
information pertaining to personal or family life.
Information which is considered to be a personal or family secret used
without one’s consent or dissemination
by public speeches, publicly demonstrated works or through mass media, or
collecting or keeping, unless this is envisaged by law, is punished with a fine
in the amount of 200 to 500 minimal salaries, or correctional labor for up to 1
year, or with arrest for the term of 1 to 2 months.
Article 145. Divulging medical secrets.
1. Divulging
information on the patient’s illness or
the results of medical tests, by the medical personnel, without professional or
official need, is punished with a fine in the amount of 200 to 500, or by
deprivation of the right to hold certain
posts or practice certain activities from 2 to 5 years, or with arrest for the
term of 1 to 2 months.
2. Actions envisaged
in part 1 of this Article, if they caused grave consequences by negligence, are
punished with imprisonment for up to 4 years, with deprivation of the right to hold certain posts or practice
certain activities for up to 3 years or without that.
Article 146. Violation of the secrecy of correspondence, telephone
conversations, postal, telegraph or other communications.
1. Illegal violation
of the citizen’s secrecy of correspondence, telephone conversations, postal,
telegraph or other communications, is punished with a fine in the amount of 50
to 100 minimal salaries, or correctional labor for up to 1 year.
2. The same action
committed by abuse of official position, is punished with a fine in the amount
of 100 to 300 minimal salaries, or with deprivation of the right to hold certain posts or practice
certain activities from
Article 147. Breach of inviolability of the dwelling.
1. Entering an
apartment against the will of man, is punished with a fine in the amount of 50
to 100 minimal salaries, or correctional labor for up to 1 year, or with arrest
for the term of up to 2 months.
2. The same action
committed with violence or with a threat to use violence, is punished with a
fine in the amount of 100 to 200 minimal salaries, or with imprisonment for the
term of up to 2 years.
3. The action
envisaged in parts 1 or 2 of this Article committed with abuse of official
position, is punished with a fine in the amount of 200 to 400 minimal salaries,
or with deprivation of the right to hold
certain posts or practice certain activities from 2 to 5 years, or with arrest
from 1 to 2 months, or imprisonment for the term of up to 3 years.
Article 148. Refusal to provide information to a person.
Illegal refusal by an official to provide information or materials to a
person immediately concerning his rights and legal interests and collected in
accordance with established procedure, or provision of incomplete or willfully
distorted information, if this damaged the person’s rights and legal interests,
is punished with a fine in the amount of 200 to 400 minimal salaries.
Article 149. Hindrance to implementation of the right to elect, to the
work of election commissions or to the implementation of the authority of the
person participating in elections.
1. Hindrance to the
free implementation of the citizen’s right to elect or to referendum, or
hindrance to the work of the election or referendum commission, as well as,
hindrance to the implementation of the authorities of the election or
referendum commission or initiative group, candidate or his proxy, observers,
mass media representatives, the authorized person of the party (or association
of parties), is punished with a fine in the amount of 200 to 400 minimal
salaries, or 120-180 hours of public labor, arrest for up to 1 month.
2. The same actions:
1) committed with
threat to property,
2) with financial
incentive,
3) accompanied with
violence or threats to use violence,
4) committed by
abuse of official position,
5) committed by a
group.
are punished with imprisonment for up to 5 years.
Article 150. Forgery of election or voting results.
Obviously incorrect counting of ballots during a referendum or
election, or obviously incorrect approval of referendum or election results,
theft of the ballot box, as well as forgery of elections or voting in some
other way, is punished with imprisonment for 2
to 5 years.
Article 151. Dissemination of libelous information about a candidate, a
party (association of parties) during elections.
Dissemination of libelous information about a candidate, a party
(association of parties) during elections in order to mislead the voters, is
punished with a fine in the amount of 300 to 500 minimal salaries, or with
imprisonment for the term of up to 5 years.
Article 152. Breach of the procedure for compilation of voters lists.
Forgery through the breach of the procedure of compilation of voters
list by the official in charge of the compilation of the voters lists, is
punished with a fine in the amount of up to 500 minimal salaries, or arrest for
up to 1 month, or imprisonment for up to 1 year, with deprivation of the right to hold certain posts or practice
certain activities for up to 2 years.
Article 153. Voting more than once or instead of another person.
Voting more than once or instead of another person by submitting false
data, documents or otherwise, is punished with a fine in the amount of 500
minimal salaries, or arrest for up to 1 month, of imprisonment for up to 1
year.
Article 154. Breaching the confidentiality of ballot.
Forcing the voter to divulge the results of the ballot, checking the
ballot list to reveal the results of the vote, entering the ballot booth (room)
as well as breaching the confidentiality of the voting otherwise, is imprisoned
with a fine in the amount of 200 to 500 minimal salaries, or arrest for
1–2 months, or imprisonment for up to 2
years.
Article 155. Forcing to refuse from participation in a strike or
forcing to participate in a strike.
Forced participation in a strike or forced hindrance to the
participation in a legal strike by means of violence or threat of violence, is
punished with a fine in the amount of 200 to 400, or with arrest for the term
of up to 2 months.
Article 156. Ungrounded refusal to hire a pregnant woman or a person
with a child under 3 years of age, or ungrounded dismissal.
Ungrounded refusal to hire a pregnant woman citing pregnancy or a
person with a child under 3 years of age, or ungrounded dismissal, citing this
reason, is punished with a fine in the amount of 200 to 500 minimal salaries,
or 120-180 hours of public labor, or arrest for up to 1 month.
Article 157. Breach of labor protection rules.
1. Breach of safety
rules or labor protection rules by the person in charge of their compliance, if
this negligently caused grave or medium-gravity damage to health or caused
professional disease, is punished with a fine in the amount of 200 to 400
minimal salaries, correctional labor for up to 2 years, or with imprisonment
for the term of up to 2 years.
2. The same action
which negligently caused the death of the aggrieved, is punished with
imprisonment for the term of up to 5 years, or with deprivation of the right to hold certain posts or practice
certain activities for up to 3 years, or without that.
Article 158. Breach of copyright and adjacent rights.
1.
Illegal use of the object of copyright and adjacent
rights or appropriation of authorship, if these actions caused large loss, is
punished with a fine in the amount of 200 to 400 minimal salary, or
correctional labor for up to 1 year, or with imprisonment for the term of up to
2 years.
2.
By large loss, this Article means an amount (value)
exceeding 500 minimal salaries at the moment of crime committal.
Article 159. Breach of patent law.
Illegal use of the object of patent law or dissemination of essential
information about the object before the official recognition of patent rights
without the consent of the applicant, or appropriation of authorship or
enforcing co-authorship, is punished with a fine in the amount of 200 to 400,
or with imprisonment for the term of up to 2 years.
Article 160. Hindrance to the right to exercise freedom of conscience
or religion.
Hindrance to the implementation of religious ceremonies or legal
activities of religious organizations, is punished with a fine in the amount of
up to 200 minimal salaries, or correctional labor for 1 year, or with arrest
for the term of up to 2 months.
Article 161. Hindrance to the right to establish associations
(non-governmental organizations or trade unions) or parties, or hindrance to
their activities.
1.
Hindrance to the right to establish associations or
parties, or hindrance to their legal activities or intervention, is punished
with a fine in the amount of up to 100-300 minimal salaries, or with arrest for
the term of up to 1 month.
2.
The same act which caused essential breach of the
rights or legal interests of the association or party, is punished with a fine
in the amount of 200-400 minimal salaries, or arrest for up to 2 months.
Article 162. Establishment or management of associations encroaching
upon citizens’ rights or against the individual.
Establishment or management of a religious or non-governmental
association, whose activities inflict damage to the health of individuals, or
with encroachments on other rights of individuals, as well as, incite citizens
to refuse form their civil duties, is punished with a fine in the amount of 200
to 400 minimal salaries, or with arrest for the term of up to 2 months.
Article 163. Hindrance to holding meetings, rallies, demonstrations and
processions or to participation therein.
Hindrance to holding legal meetings, rallies, demonstrations and
processions or to participation therein, as well as forcing to participate in
legal or illegal meetings, rallies, demonstrations and processions, with
violence or threat thereof, is punished with a fine in the amount of 100 to 300
minimal salaries, or with arrest for the term of up to 2 months, or with
imprisonment for the term of up to 2 years.
Article 164. Hindrance to the legal professional activities of a
journalist
1. Hindrance to the
legal professional activities of a journalist, or forcing the journalist to
disseminate information or not to disseminate information, is punished with a
fine in the amount of 50-150 minimal salaries, or correctional labor for up to
1 year.
2. The same actions
committed by an official abusing one’s official position, is punished with
correctional labor for up to 2 years, or imprisonment for the term of up to 3
years, by deprivation of the right to
hold certain posts or practice certain activities for up to 3 years, or without
that.
Chapter 20.
Crimes against the interests
of family and child.
Article 165. Involving a minor into committal of crime.
1. Involvement, by a
person who reached 18 years, of a minor who reached the age of criminal
liability for the given crime under this Code, into committal of a crime
through promises, de
2. The same action
which was committed by a parent, teacher or other person in charge of rearing
the minor, is punished with imprisonment for the term of up to 5 years, with
deprivation of the right to hold certain
posts or practice certain activities for up to 3 years, or without that.
3. Actions envisaged
in parts 1 and 2 of this Article, committed by using violence or threat of
violence, are punished with imprisonment for the term of 2 to 7 years.
4. Actions envisaged
in parts 1, 2 or 3 of this Article, accompanied with involvement of the minor
into an organized group or criminal association or into the committal of a
grave or particularly grave crime, are punished with imprisonment for the term
of 5 to 7 years.
Article 166. Involving a child into antisocial activity.
1. Involvement, by a
person who reached 18 years, of a child into regular use of alcoholic drinks,
strong or other narcotic drugs not for medical purposes, into prostitution,
vagrancy or beggary, into preparation or dissemination of pornography or
pornographic materials, is punished with correctional labor for up to 1 year,
or with arrest for the term of 1-2 months, or with imprisonment for the term of
5 years.
2. The same action
which was committed by a parent, teacher or other person in charge of rearing
the child, is punished with correctional labor for up to 2 years, or arrest for
up to 2 months, or imprisonment for the term of up to 5 years, with deprivation
of the right to hold certain posts or
practice certain activities for up to 3 years, or without that.
3. Actions envisaged
in parts 1 and 2 of this Article, which:
1) were committed in
relation to 2 or more persons;
2) were accompanied
with violence or threat of violence, are punished with imprisonment for the
term of up to 6 years.
Article 167. Illegal separation of the child from the parents or
substitution of the child.
1. Separation of the
child from the parents without the parents’ consent, ex
2. The same actions
committed:
1) in relation to 2
or more children;
2) by previous
agreement of a group of persons;
3) abusing official
position;
4) illegally
transporting the child from one state to another;
5) in order to
involve the child into committal of a crime or other antisocial act;
6) in order to
harvest the child’s parts of the body or tissues for transplantation,
is punished with imprisonment for the term of 3 to 8 years.
3. Actions envisaged
in parts 1 or 2 of this Article committed by an organized group, or negligently
caused the child’s death or other grave consequences, are punished with
imprisonment for the term of 5 to 10 years.
Article 168. Child trafficking.
Child trafficking is punished with imprisonment for the term of 3 to 7
years.
Article 169. Divulging the secret of adoption.
Divulging the secret of adoption against the will of the adopter, by
the person who is obliged to protect the secret of adoption as an official or
professional secret, or by other person for mercenary or other dishonest
motives, is punished with a fine in the amount of up to 200 minimal salaries,
or with correctional labor for up to 1 year, or with arrest for the term of up
to 2 months, with deprivation of the
right to hold certain posts or practice certain activities for up to 3 years,
or without that.
Article 170. Failure to fulfill the duty of rearing the child.
1. Failure to fulfill the duty of rearing the child by the parent, or
by the person who is in charge of rearing the child, or by a teacher, or the
employees of educational, medical or disciplinary institutions, who are in
charge of rearing the child, or failure to fulfill this duty properly, if this
action was accompanied with cruel treatment,
is punished with a fine in the amount of 50 to 100 minimal salaries, or
correctional labor for up to 4 months, or with imprisonment for the term of up
to 2 years, with deprivation of the
right to hold certain posts or practice certain activities for up to 3 years,
or without that.
2. The same act accompanied with cruel treatment of a minor, is
punished with a fine in the amount of 100 to 200 minimal salaries, or
correctional labor for up to 1 year, or with imprisonment for the term of up to
3 years, with deprivation of the right
to hold certain posts or practice certain activities for up to 3 years, or
without that.
Article 171. Failure to fulfill or improper fulfillment of one’s duties
to provide the child’s safety or health.
Improper fulfillment of one’s duties to provide the child’s safety or
health by the person in charge of that duty, or by the person who performs
these duties by special order, or who has undertaken this duty voluntarily, if
this resulted in negligent medium-gravity damage to the child’s health,
is punished with a fine in the amount of 100 to 300 minimal salaries,
or correctional labor for the term of up to 1 year, with deprivation of the right to hold certain posts or practice
certain activities for up to 3 years, or without that.
Article 172. Abuse of the custodian’s or guardian’s rights.
Abuse of custodianship or guardianship for mercenary or other personal
motives, or abandonment of the ward without supervision or necessary help,
which resulted in essential restriction of the ward’s rights and legal
interests,
is punished with a fine in the amount of 100 to 300 minimal salaries,
or correctional labor for the term of up to 1 year, or with imprisonment for
the term of up to 2 years, with deprivation of
the right to hold certain posts or practice certain activities for up to
3 years, or without that.
Article 173. Willful evasion from supporting one’s child by the parent.
Parent’s willful failure to support one’s child or offspring who
reached 18 years and, by court ruling, is incapable of labor, for more than 3
months,
is punished with a fine in the amount of 100 to 200 minimal salaries,
or correctional labor for 1 year, or arrest for the term of up to 2 months.
Article 174. Willful failure of the offspring to support a parent who
is incapable to work.
Willful failure of the offspring to support a parent who, by court
ruling, is incapable of labor or needs financial support, for more than 3
months, is punished with a fine in the amount of 100 to 200 minimal salaries, or
with corrective labor for up to 1 year.
Section 8.
Crimes against property,
economy and implementation of economic activity.
Chapter 21. Crimes against
property.
Article 175. Banditry.
1.
Banditry, i.e. an assault for the purpose of
capturing someone’s property, committed with violence dangerous for life or
health, or with a threat to commit such violence, is punished with imprisonment
for the term of 3 to 6 years, with or without confiscation of property.
2.
Banditry committed:
1) by a group with
prior agreement;
2) in large amount;
3) by illegal
entering an apartment, warehouse or facility;
4) by using a weapon
or other item as weapon,
5) repeatedly, is
punished with imprisonment for the term of 4 to 8 years, with confiscation of
property.
3.
Banditry committed
1)
in particularly large amount with the purpose of
theft;
2)
by an organized group;
3)
inflicting grave damage to health,
4) Action committed by a person with two or more convictions for crimes
envisaged in Articles 175-182, 222, 234,
238, 269 of this Code,
is punished with imprisonment for the term of 6 to 10 years, with
confiscation of property.
4. In this chapter, by petty
amount we mean the amount (value) not exceeding 5 minimal salaries established
at the moment of committal of the crime in the
In this chapter, by
significant amount we mean the amount (value) not exceeding 5 to 500 minimal
salaries established at the moment of committal of the crime in the
In this chapter, by large
amount we mean the amount (value) not exceeding 500 to 3000 minimal salaries
established at the moment of committal of the crime in the
In this chapter, by
particularly large amount we mean the amount (value) exceeding 3000 minimal
salaries established at the moment of committal of the crime in the
In this chapter, in
envisaged cases, embezzlement is considered repeated, if it was committed by a
person who committed a crime under Articles 175-182, 234, 238, 269 of this
Code.
The prosecution of persons
who committed theft (Article 177, part 1) or swindling (Article 178, part 1) or
embezzlement, or squandering (Article 179, part 1) with respect to persons
considered to be close relatives of the aggrieved is done based on the
complaint from the latter.
Article 176. Robbery.
1. Robbery, i.e.
overt theft of somebody’s property, is punished with correctional labor for 1-2
years, or arrest for the term of 2 months, or with imprisonment for the term of
up to 3 years.
2. Robbery
committed:
1) by a group with
prior agreement;
2) in large amount;
3) by illegal
entering an apartment, warehouse or facility,
4) was accompanied
with violence not dangerous for life or health, or threat of violence,
5) by a person who
committed crimes envisaged in Articles
175-182, 234, 238, 269 of this Code,
is punished with imprisonment for the term of 3 to 6 years and with a
fine for the amount of 50-fold minimal salaries.
3. Robbery committed:
1)
in particularly large amount;
2)
by an organized group;
3)
repeatedly;
4) committed by a person with two or more convictions for crimes
envisaged in Articles 175-182, 222, 234,
238, 269 of this Code,
is punished with imprisonment for the term of 4 to 8 years, with or
without confiscation of property.
Article 177. Theft.
1. Theft, i.e.
clandestine appropriation of somebody’s property in significant amounts, is
punished with a fine in the amount of 100 to 400 minimal salaries, or
correctional labor for 1-2 years, or arrest for the term of 1 to 2 months, or
with imprisonment for the term of up to 2 years.
2. Theft committed:
1) by a group with
prior agreement;
2) in large amounts,
3) by illegal
entering into an apartment, warehouse or facility,
4) repeatedly,
5) by a person who
committed crimes envisaged in Articles
175-182, 234, 238, 269 of this Code,
is punished with a fine in the amount of 200 to 600 minimal salaries,
or with imprisonment for the term of 2 to 6 years and with a fine in the amount
of up to 50 minimal salaries or without
that.
3. Theft committed:
1) in particularly
large amount;
2) by an organized
group;
3) committed by a person with two or more convictions for crimes
envisaged in Articles 175-182, 222, 234,
238, 269 of this Code,
is punished with
imprisonment for the term of 4 to 8 years, with or without confiscation of property.
4. Petty theft from
the person’s clothes, bag or other handbags, is punished with a fine in the
amount of 200 minimal salary, or with arrest for the term of up to 3 months.
Article 178. Swindling.
1.
Swindling, i.e. theft in significant amount or
appropriation of somebody's property rights by cheating or abuse of confidence,
is punished with a fine in the amount of 300 to 500 minimal salaries, or
correctional labor for 1-2 years, or with arrest for the term of up to 2
months, or with imprisonment for the term of up to 2 years.
2.
The same action committed
1)
by a group with prior agreement,
2) in large amounts;
3) repeatedly,
4) committed by a person
convicted for crimes envisaged in Articles 175-182, 234, 238, 269 of this Code,
is punished with a fine in
the amount of 400 to 700 minimal salaries, or with imprisonment for the term of
2 to 6 years and with or without a fine for the amount of 50 minimal salaries.
3.
Swindling committed:
1) in particularly
large amount;
2) by an organized
group,
3) committed by a person with two or more convictions for crimes
envisaged in Articles 175-182, 222, 234,
238, 269 of this Code,
is punished with imprisonment for the term of 4 to 8 years, with or
without property confiscation.
Article 179. Squandering or embezzlement.
1. Squandering or
embezzlement is theft of somebody’s property entrusted to the person in
significant amount, punished with a fine in the amount of 300 to 500 minimal
salaries, or correctional labor for 6 months to 1 year, or with arrest for the
term of up to 2 months, or with imprisonment for the term of up to 2 years.
2. Same actions:
1) with abuse of
official position,
2) committed by a
group with prior agreement;
3) in large amount,
4) repeatedly,
5) committed by a
person who committed crimes envisaged in Articles 175-182, 234, 238, 269 of
this Code,
are punished with a fine in
the amount of 400 to 700 minimal salaries, or imprisonment for 2-4 years, with
or without deprivation of the right to
hold certain posts or practice certain activities for up to 3 years.
3. Action envisaged
in part 1 or 2 of this Article, committed:
1) in particularly
large amount;
2) by an organized
group,
3) committed by a
person with two or more convictions for crimes envisaged in Articles 175-182, 222, 234, 238, 269 of this
Code,
is punished with imprisonment for the term of 4 to 8 years, with or
without property confiscation.
Article 180. Theft of particularly valuable items.
1.
Theft of items of particularly historical, artistic
or cultural value or documents is punished with imprisonment for the term of 3
to 5 years,
2.
The same action committed:
1) with prior
agreement by a group;
2) that negligently
caused destruction, spoilage or loss of items or documents mentioned in part 1
of this Article, is punished with imprisonment for the term of 5 to 8 years,
with or without confiscation of property.
3.
Acts envisaged in parts 1 or 2 of this Article,
1)
committed by banditry or extortion;
2)
by an organized group,
is punished with imprisonment for 7-12 years with confiscation of
property.
Article 181. Theft committed by means of computer.
1. Theft of
somebody’s property in significant amount committed with the use of computer,
is punished with a fine in the amount 100 to 300 minimal salaries, or with
arrest for up to 2 months, or with imprisonment for up to 2 years and with or
without a fine in the amount of up to 50 minimal salaries.
2. Same act
committed:
1) by a group with
prior agreement,
2) in large amount,
is punished with a fine in
the amount of 300 to 500 minimal salaries, or with imprisonment for the term of
3-6 years and with or without a fine for the amount of up to 50 minimal
salaries.
3. The act envisaged
in part 1 or 2 of this Article, committed:
1) in particularly
large amount;
2) by an organized
group,
is punished with imprisonment for the term of 4 to 8 years, with or
without property confiscation.
Article 182. Extortion.
1.
Extortion, i.e. the threat to publicize defamatory
information or information inflicting significant damage to the person’s or his
relatives’ rights or legal interests, the threat to use violence against the
person or his relatives, or to destroy (damage) the property owned or managed
by the person, his relatives or other persons, with a demand to surrender the
property rights, or other actions involving property, is punished with
correctional labor for the term of up to 2 years, or with arrest for the term
of up to 3 months, or with imprisonment for the term of up to 4 years and a
fine for the amount of up to 50 minimal salaries or without that.
2.
Extortion:
1) committed against
the person or his relatives with violence;
2) by a group with
prior agreement;
3) by a person who
committed crimes envisaged in Articles 175-182, 234, 238, 269 of this Code,
is punished with imprisonment for the term of 3 to 8 years, with or
without property confiscation.
3.
Extortion committed
1) causing negligent
death, or other grave consequences;
2) in order to
acquire a particularly large amount of property,
3) by an organized
group;
4) by causing grave
damage to one’s health,
5) committed by a
person with two or more convictions for crimes envisaged in Articles 175-182, 222, 234, 238, 269 of this
Code,
is punished with
imprisonment for the term of 6 to 10 years, with property confiscation.
Article 183. Gaining illegal control of a car or other means of
transportation without the intention of theft.
1.
Gaining illegal control of a car or other means of
transportation without the intention of theft, is punished with correctional
labor for the term of up to 2 years, or with arrest for the term of 1 to 3
months.
2.
The same action:
1) That caused large
damage;
2) by a group with
prior agreement;
3) with violence not
dangerous for life or health, or with a threat of violence, is punished with
imprisonment for the term of up to 5 years.
3.
Actions envisaged in parts 1 or 2 of this Article,
committed:
1) That caused large
damage;
2) by an organized
group;
3) with violence
dangerous for life or health, or with a threat of violence, is punished with
imprisonment for the term of 5 to 8 years.
Article 184. Infliction of damage to property by de
1.
Infliction of large damage to the owner or other
managers of property by de
2.
Same action, which:
1) inflicted
particularly great damage;
2) was committed by
a group with prior agreement;
3) was committed by
abuse of official position, is punished with imprisonment for the term of up to
3 years and with or without a fine in the amount of 50 minimal salaries.
3.
Actions envisaged in parts 1 or 2 of this Article,
committed by an organized group, are punished with imprisonment for the term of
2-5 years and a fine for the amount of 50 minimal salaries, or without a fine.
Article 185. Willful destruction or spoilage of property.
1.
Willful destruction or spoilage of somebody’s
property, which caused significant damage, is punished with a fine in the
amount of 50 to 100 minimal salaries, or correctional labor for up to 1 year,
or with arrest for the term of up to 2 months, or with imprisonment for the
term of up to 2 years.
2.
Same action which:
1) was committed by
arson, explosion or other publicly dangerous method;
2) inflicted large
damage;
3) was committed, in
relation to the person’s official or public duty, or, on the same grounds, was
related to his close relative,
4) was committed for
motives of national, racial or religious hatred or religious fanatism, is
punished with imprisonment for the term of up to 4 years.
3.
Actions envisaged in parts 1 or 2 of this Article,
which:
1) caused
particularly large damage;
2) caused human
death by negligence;
3) caused
destruction of items of historical, scientific or cultural value, is punished
with imprisonment for the term of 2 to 6 years.
Article 186. Destruction or damage inflicted to property by negligence.
1.
Destruction or damage inflicted to somebody’s
property by negligence, which caused a large loss, is punished with a fine in
the amount of up to 200 minimal salaries, or correctional labor for up to 1
year.
2.
The same action committed as a result of negligent
handling of fire or other source of great danger, or caused particularly large
damage, is punished with a fine in the amount of 200 to 400 minimal salaries,
or correctional labor for 1-2 years, or with imprisonment for the term of up to
2 years.
3.
By large amount this Article means the amount
(value) exceeding 500 minimal salaries.
Chapter
22.
Crimes
against economic activities.
Article
187. Hindrance to legal entrepreneurial and other economic activity.
1.
Obviously ungrounded refusal
or evasion from the registration or re-registration of an individual
entrepreneur, commercial or non-commercial organization, or obviously
ungrounded refusal or evasion from the issuance of a special permit (license)
for the implementation of certain activities, obviously illegal restriction of
legitimate rights and interests of an individual entrepreneur or legal entity,
as well as, other obvious illegal interference into such activities, done by an
official by abuse of official position, is punished with a fine in the amount
of 200 to 500 minimal salaries, or deprivation of the right to hold certain posts or practice
certain activities for up to 3 years and a fine for the amount of 50 minimal salaries.
2.
Illegal inspection assigned
or conducted by an official, provided large loss was caused,
is punished with a fine in the amount of 200-500 minimal salaries, or
deprivation of the right to hold certain
posts or practice certain activities for up to 3 years and a fine for the
amount of 100 minimal salaries.
3.
The action envisaged in part 1 or 2 of this Article,
which caused a large damage, is punished with deprivation of the right to hold certain posts or practice
certain activities for up to 5 years and a fine for the amount of 100 minimal
salaries, or with arrest for the term of 2 to 3
months, or with imprisonment for the term of up to 1 year.
4. By large amount in this Article we mean the amount or value exceeding 3000 minimal salaries, and particularly large amount, 4000 minimal salaries..
Article
188. Illegal entrepreneurial activity.
1.
Entrepreneurial activities
without state registration or without special permit (license), when such a
special permit (license) is mandatory, accompanied with infliction of a large
damage to the citizens, commercial organizations or to the state, is punished
with a fine in the amount of 200 to 400 minimal salaries, or with an arrest for
the term of 2 to 3 months.
2.
The same act accompanied
with infliction of a large damage to the citizens, commercial organizations or
to the state:
is punished with a fine for the amount of 300 to 500 minimal salaries,
or deprivation of the right to hold
certain posts or practice certain activities for up to 3 years and with or
without a fine in the amount of 50
minimal salaries, or imprisonment for the term of up to 2 years.
3. The same act accompanied with:
1)
infliction of a particularly
large damage to the citizens, commercial organizations or to the state,
2)
committed by an organized
group,
is punished with a
fine in the amount of 800-1000 minimal salaries, or deprivation of the right to hold certain posts or practice
certain activities for up to 5 years, with or without a
fine in the amount of 50 minimal salaries, or imprisonment for the term of up
to 3 years.
4 By significant loss, this Article means the amount of 500 to 1000 minimal salaries, by large loss, 1000-2000 minimal salaries, by particularly large loss, over 2000 minimal salaries.
Article
189. False entrepreneurial activity.
1.
Establishment of a commercial enterprise without intention to conduct
entrepreneurial or banking activity, aimed at obtaining loans, evading from
taxes, obtaining other property benefits or hiding prohibited activities, which
inflicted a large damage to the citizens, commercial enterprises or to the
state,
is
punished with a fine in the amount of 300 to 500 minimal salaries, or with
imprisonment for the term of up to 4 years and a with or without a fine in the
amount of 50 minimal salaries.
2
Submission of false
documents without supplying goods or without providing services, compilation
and submission of false documents on expenses or income, which caused large
damage, is punished with a fine in the amount of 400-500 minimal salaries, or
imprisonment for up to 2 years.
3.
The act envisaged in part 2
of this Article, causing particularly large loss is punished with a fine in the
amount of 500-1000 minimal salaries, or imprisonment for up to 4 years.
4.
By large loss, in part 1 of
this Article, we mean an amount (value)
exceeding 200 minimal salaries.
By large loss, in part 2 of this Article, we mean an amount (value) exceeding 500 minimal salaries.
By particularly large loss, in part 3 of this Article, we mean an
amount (value) exceeding 1000 minimal
salaries.
Article
190. Legitimizing (legalizing) illegally obtained income.
1.
Financial or other
transactions with obviously illegally obtained financial resources or other
property for the purpose of using such funds or property for entrepreneurial or
other economic activity, to conceal or distort the essence, origin and
whereabouts of these assets or rights pertaining to them, their placement,
movement or actual identity, is punished with a fine in the amount of 300 to
500 minimal salaries, or with imprisonment for the term of up to 4 years with
or without a fine in the amount of 50 minimal salaries.
2.
The same action committed:
1) in large amount;
2) by a group with prior agreement,
is punished with imprisonment for the term of 4 to 8 years, with or
without property confiscation.
3.
The action envisaged in part
1 or 2 of this Article which was committed:
1)
in particularly large
amount;
2)
by an organized group,
3) abuse of official position,
is punished with imprisonment for the term of 6 to 12 years, with or
without property confiscation.
4. For the purposes of this Article, by large amount we mean an amount (value) exceeding 1000 minimal salaries, while particularly large amount exceeds 3000 minimal salaries..
Article
191. Not purposeful spending of a loan.
1.
Not purposeful spending of a
targeted loan provided by the state or international organization or under an
international program, if this act caused large loss to persons, organizations
or the state, is punished with a fine in the amount of 300 to 500 minimal salaries,
or imprisonment for the term of 2 to 5 years.
2.
For the purposes of this
Article, by large amount we mean the amount (value) of damage to individuals
exceeding 500 minimal salaries, in case of damage done to persons, and the
large amount of damage to organizations or the state, exceeding 2000 minimal
salaries.
Article
192. Illegal actions in bankruptcy.
1. Concealing property or property rights, their amounts, information
about their locations or information about property, handing the property to
another person for management without legitimate reason, destruction of
property or its alienation under obviously unfavorable conditions, as well as
concealing, destruction, forging accounting and other settlement documentation
concerning economic activities of the debtor, if this activity was committed by
the head of the debtor organization or by its founders (participants) or by
other persons who had the opportunity to give compulsory instructions or
predetermine its decisions or by a debtor individual entrepreneur during
bankruptcy or in anticipation of bankruptcy, if this caused a large damage,
is punished with a fine in the amount of 50-200 minimal salaries, or
with imprisonment for the term of up to 1 year.
2. paying off property dept to
certain creditors by the head of the debtor organization or by its founders
(participants) or by other persons who had the opportunity to give compulsory
instructions or to predetermine the organization's decisions or by a debtor
individual entrepreneur, who knew about de facto insolvency of the debtor, if
it was done by obviously damaging other creditors' interests, as well as the creditor's ac
is punished with a fine in the amount of 200-500 minimal salaries, or
with imprisonment for the term of up to 2 year.
3. By a large amount in terms of Articles 192, 193 and 194, we mean the amount (value) exceeding 200 minimal salaries.
Article
193. Deliberate bankruptcy.
Deliberate
bankruptcy, i.e. deliberate creation of insolvency features or increasing the
extent of such features by the founders (participants) of the debtor
organization or by other persons who had the opportunity to give compulsory
instructions or to predetermine its decisions, including the head of the
debtor, or by an individual entrepreneur, in favor of one’s own interests or
the interests of other persons, which caused large damage to the debtor or the creditors:
is
punished with a fine in the amount of 200 to 500 minimal salaries, or with
imprisonment for the term of up to 1 year.
Article
194. Fictitious bankruptcy.
Fictitious
bankruptcy, i.e. filing a statement of claim recognizing its own bankruptcy in
the condition of absence of features of bankruptcy made by the founders
(participants) of the debtor organization or by other persons who had the
opportunity to give compulsory instructions or to predetermine its decisions,
including the head of the debtor, or by an individual entrepreneur, in order to
mislead the creditors and to get postponement, change of deadline, reduction,
freezing or moratorium for satisfying
their claims, as well as, for the purpose of not paying the debts, if this
caused large damage to the debtor or the creditor,
is
punished with a fine in the amount of 200 to 500 minimal salaries.
Article
195. Illegal anti-competition activity.
1.
Establishment and
maintaining of illegal artificially high or low monopolistic prices, as well
as, restriction of competition by prior agreement or by coordinated actions, in
order to divide the market by territorial principle, to restrict the
penetration into the market, to force other economic subjects out of the market,
to establish and maintain discriminative prices, is punished with a fine in the
amount of 300 to 500 minimal salaries, or with arrest for the term of 2 to 3
months, or with imprisonment for the term of up to 2 years.
2.
The same action committed:
1)
by violence or threat of
violence;
2)
by damaging or destruction
of somebody’s property, or by threat of damaging;
3)
by abuse of official
position,
4)
by an organized group,
is
punished with a fine in the amount of 400 to 600 minimal salaries, or with
imprisonment for the term of 3 to 8 years, with or without property
confiscation.
Article
196. Willful breach of procedure for public procurement.
Willful
breach of the procedure for public sales and auctions which caused large damage
to the owner of property, to the organizer of the sale or auction, to the buyer
or other economic subject,
is
punished with a fine in the amount of 300 to 500 minimal salaries, or with
arrest for the term of 1 to 2 months, or with imprisonment for the term of up
to 3 years and with or without a fine in the amount of up to 50 minimal
salaries.
Article
197. Illegal use of trade mark.
Illegal
use of somebody’s trade mark, service mark, name of firm, if this caused large
damage, is punished with a fine in the amount of 300 to 500 minimal salaries,
or correctional labor for up to 2 years, or with arrest for the term of up to 2
months.
Article
198. Fictitious advertising.
1.
Deliberate confusion of
advertisement consumers by the advertiser, advertising producer or
advertisement carrier, is punished with a fine in the amount of 200 to 400
minimal salaries, or with arrest for the term of up to 2 months.
2.
The same action which:
1)
was committed by use of mass
media;
2)
caused large damage, is
punished with a fine in the amount of 300 to 500 minimal salaries, or with
arrest for the term of 1 to 2 months, or with imprisonment for the term of up
to 2 years.
Article
199. Illegal collection or divulging of commercial or banking secrets.
1.
Collection of commercial or
banking secrets by means of theft of documents, bribing or threatening the
persons, or their relatives, who know commercial or banking secrets, inter
2.
Illegal publicizing or use
of commercial or banking secrets without the consent of the owner by the one
who knows these secrets due to professional or official activity, done for
mercenary or other personal motives which caused large damage to the commercial
organization or individual entrepreneur, is punished with a fine in the amount
of 400 to 600 minimal salaries, with or without deprivation of the right to hold certain posts or practice
certain activities for up to 3 years, or with imprisonment for the term of up
to 3 years and with or without a fine in the amount of 100 minimal salaries.
Article
200. Commercial bribe.
1.
Illegal offer of cash,
securities, other property or property services to the administrative employee
of a commercial or other organization, intermediary judge, auditor or lawyer,
related to the posts of these persons to act (not act) in favor of the briber,
is punished with a fine in the amount of 200 to 400 minimal salaries, or with
deprivation of the right to hold certain
posts or practice certain activities for up to 2 years, or correctional labor
for up 1 year.
2.
The same actions committed
by a group with prior agreement or by an organized group, are punished with a
fine in the amount of 300 to 500 minimal salaries, or correctional labor for up
to 2 years, or with imprisonment for the term of 4 years.
3.
Ac
4. The action envisaged in part 3 of this Article, committed by extortion,
is punished with a fine in the amount of 300 to 500 minimal salaries, or with
deprivation of the right to hold certain
posts or practice certain activities for up to 5 years, or with imprisonment
for the term of 5 years.
5.
The employee of a commercial
or other organization, according to this Article, is a person who permanently,
temporarily or with special authorization, performs managerial functions at the
commercial organization, regardless of form of ownership, as well as, in
non-commercial organizations which are not state or local self-government
bodies, state or local self-government institutions.
Persons guilty of crimes envisaged in this Article are exempted from
punishment, if they voluntarily informed the body entitled to initiate a
criminal case about the committed crime, and at the same time returned what
they received or compensated its value.
Article
201. Bribing the participants and organizers of professional and commercial
sports competitions or shows.
1.
Bribing the athletes,
referees, coaches, team managers and other participants and organizers of
professional competitions, as well as, the organizers and members of award
commissions of commercial competitions or shows, with the purpose of exerting
influence on the results of these competitions, is punished with a fine in the
amount of 200 to 500 minimal salaries, or correctional labor for 6 months to 1
year, or with arrest for the term of up to 2 months.
2.
The same actions committed
by a group with prior agreement or an organized group, are punished with
imprisonment for the term of up to 5 years.
3.
Illegal ac
Article
202. Manufacture, sale or keeping of counterfeited money or securities.
1.
Manufacture or keeping of
forged money or securities for the purpose of sale, is punished with
imprisonment for the term of 3 to 8 years, with or without confiscation of
property.
2.
The same action committed:
1)
in large amounts;
2)
by a group with prior
agreement, is punished with imprisonment for the term of 6 to 10 years, with or
without property confiscation.
3.
The action envisaged in part
1 or 2 of this Article, committed
1)
by an organized group,
2)
in particularly large
amounts,
is
punished with imprisonment for the term of 8 to 12 years, with or without property
confiscation.
4. In
this Article, large amount means the amount (value) exceeding 1000 minimal
salaries, particularly large amount means the amount (value) exceeding 3000
minimal salaries.
Article
203. Manufacture and sale of forged payment documents.
1.
Manufacture for the purpose
of sale or sale of payment documents or, documents which are not considered to
be currency or securities, but serve as evidence of, establishing or granting
property rights, is punished with imprisonment for the term of 2 to 5 years and
with a fine in the amount of 300 to 500 minimal salaries.
2.
The same actions committed:
1)
in large amounts;
2)
by a group with prior
agreement, is punished with imprisonment for the term of 3 to 6 years, with or
without property confiscation.
3.
The actions envisaged in
parts 1 or 2 of this Article committed:
1)
in particularly large
amounts;
2)
by an organized group, are
punished with imprisonment for the term of 4 to 9 years, with or without property
confiscation.
4.
In this Article, large amount means the amount (value) exceeding 3000 minimal
salaries, particularly large amount means the amount (value) exceeding 5000
minimal salaries.
Article
204. Abuse of securities emission.
1.
Emission of securities
without proper registration procedure and public dissemination of these
securities, or the use of obviously false documents for the registration of
securities, is punished with a fine in the amount of 200 to 400 minimal
salaries, or correctional labor for 1-2 years.
2.
Inclusion of obviously
incorrect information into the announcement about the emission of securities,
as well as, the approval of the emission announcement containing obviously
incorrect information or of obviously incorrect results of emission, if this
caused large damage, is punished with a fine in the amount of 300 to 500
minimal salaries, or correctional labor for up to 1 year, or with imprisonment
for the term of up to 1 year.
3. In this Article, large amount means the amount (value) exceeding 1000 minimal salaries.
Article
205. Evasion from taxes, duties or other mandatory payments.
1. Evasion from taxes, duties or other mandatory payments by means of
entering obviously false data into ledgers or taxation documentation, in large
amount, is punished with a fine in the amount of 500 to 1000 minimal salaries
or with deprivation of the right to hold
certain posts or practice certain activities for up to 5 years, or arrest for
the term of 2 to 3 months, or with imprisonment for the term of up to 2 years.
2. By a tax in a large amount, this Article means the amounts exceeding
1000 minimal salaries.
Article
206. Evasion from taxes by a citizen.
1.
Failure to submit a property and income declaration by a citizen, when
mandatory, as well as, entering obviously distorted data on incomes and
expenses into the declaration, which caused large loss of taxes, is punished with
a fine in the amount of 100 to 500 minimal salaries, or with arrest for the
term of up to 2 months.
2.
In this Article, large amount means the amount (value) exceeding 200 minimal
salaries.
Article
207. Manufacture and sale of fake wine, fake vodka or other fake alcohol
beverages.
1.
Manufacture and sale of fake
wine, fake vodka or other fake alcohol beverages, is punished with a fine in
the amount of 500-1000 minimal salaries.
2.
Same act, committed in large
amounts, is punished with a fine in the amount of 700-1000 minimal salaries.
3.
By a large amount, this
Article means the value or income exceeding 2000 minimal salaries.
Article
208. Forgery and sale of excise stamps.
1.
Forgery and sale of excise
stamps, is punished with a fine in the amount of 300-500 minimal salaries, or
imprisonment for 1-3 years.
2.
The same act committed in
large amounts, is punished with a fine in the amount of 500-1000 minimal
salaries, or imprisonment for 2-5 years.
3.
By large amount this Article
means the forgery or sale of over 500 excise stamps.
Article
209. Alienation of excise stamps or marking goods with illegally procured
excise stamps
1.
Alienation of properly
acquired excise stamps or used excise stamps, if their number is 500-1000
pieces, is punished with a fine in the amount of 600-800 minimal salaries.
2.
Same act, if the number of
alienated excise stamps is over 1000, is punished with a fine in the amount of
800-1000 minimal salaries.
3.
Marking goods with illegally
procured excise stamps, if the total value of goods indicated with the seller
is 200,000-500,000 AMD, if not indicated, then determined in prices established
by law, is punished with a fine in the amount of 600-800 minimal salaries.
4.
The same act, if the total
value of goods indicated with the seller is over 500,000 AMD, if not indicated,
then determined in prices established by law, is punished with a fine in the
amount of 800-1000 minimal salaries.
Article
210. Selling goods subject to marking with excise stamps unmarked or not
re-marked.
1.
Selling goods subject to
marking with excise stamps unmarked or not re-marked, if the total value of
these goods indicated with the seller is over 200,000-500,000 AMD, if not
indicated, then determined in prices established by law, is punished with a
fine in the amount of 600-800 minimal salaries.
2.
The same act, if the total
value goods indicated with the seller is over 500,000 AMD, if not indicated,
then determined in prices established by law, is punished with a fine in the
amount of 800-1000 minimal salaries.
Article
211. Breach of rules for marking with excise stamps
1.
Sale of goods marked with
previously used excise stamps or marked with excise stamps marked other than
the ones required for this type of commodity, as well as marking vessels
(boxes) with excise stamps envisaged for vessels of other volume, if the total
value of these goods indicated with the seller is 200,000-500,000 AMD (if not
indicated, then determined in prices established by law), is punished with a
fine in the amount of 600-800 minimal salaries.
2.
Same act, if the total value
of these goods indicated with the seller is over 500,000 AMD (if not indicated,
then determined in prices established by law), is punished with a fine in the
amount of 600-800 minimal salaries.
Article
212. De
1.
Cheating on weights,
measures and in calculations, misleading consumers about the consumer
properties or the quality of the commodity (service), or any other de
2.
The same action committed:
1)
in large amounts;
2)
by a group with prior
agreement, is punished with a fine in the amount of 300 to 500 minimal
salaries, or with deprivation of the
right to hold certain posts or practice certain activities for up to 3 years,
or with arrest for the term of up to 3 months.
3.
The actions envisaged in
parts 1 or 2 of this Article which were committed by an organized group, are
punished with imprisonment for the term of up to 2 years, with deprivation
of the right to hold certain posts or
practice certain activities for up to 3 years.
4.
In this Article, a significant amount means the amount (value) exceeding 50% to
50 minimal salaries, a large amount means the amount (value) exceeding 50
minimal salaries.
Article
213. Usury.
1.
Usury is loaning money or
property at an interest rate more than twice exceeding the one of the Central
Bank of the Republic of Armenia, as well as making deals with individuals on
extremely unfavorable conditions of which the other party took advantage, is
punished with a fine in the amount of 300-500 minimal salaries or with
imprisonment for up to 2 years.
2.
The same act,
1)
as a result of which the
aggrieved found oneself in a dire financial situation,
2)
committed as profession,
3)
committed using the minor
age of the aggrieved or retarded mental development,
is
punished with a fine in the amount of 400-600 minimal salaries, or with
imprisonment for up to 4 years.
Article
214. Abuse of authority by the employees of commercial or other organizations.
1.
Abuse of administrative
authority the by the employees of commercial or other organizations against the
interests of their organization and in favor of themselves or other persons, if
this inflicted damage to citizens or the rights and legal interests of the
organization or the state, is punished with a fine in the amount of 200 to 400
minimal salaries, or correctional labor for 1-2 years, or with arrest for the
term of 1-3 months, or with imprisonment for the term of up to 2 years.
2.
The same action which caused
grave consequences, is punished with a fine in the amount of 300 to 500 minimal
salaries, or with arrest for the term of 2-3 months, or with imprisonment for
the term of up to 4 years.
Article
215. Contraband.
1.
Contraband is transportation
of goods, cultural or other items through the customs border of the Republic of
Armenia bypassing customs supervision or concealing them, or by de
2.
Contraband of narcotic
drugs, neurological, strong, poisonous, poisoning, radioactive or explosive
materials, weapons, explosive devices, ammunition, fire-arms, ex
3.
Actions envisaged in parts 1
or 2 of this Article committed:
1)
by an official abusing one’s
official position;
2)
by a person exempted from
certain types of customs control, or by a person authorized to transport
certain goods or means of transportation, exempted from customs control,
3)
by using violence against a
person in charge of customs control, is punished with imprisonment for the term
of 6 to 10 years, with or without property confiscation.
4.
Actions envisaged in parts 1, 2 or 3 of this Article, which were committed by
an organized group, is punished with imprisonment for the term of 8 to 12 years
with or without property confiscation.
5. The action envisaged in part 1 of this Article is considered to be committed in large amount, if the value of transported goods or items exceeds the 2000 amount of minimal salaries.
Article 216. Acquisition or sale of property obtained in an obviously
criminal way.
1.
Acquisition or sale of property obtained in an
obviously criminal way, if this had not been previously promised, is punished
with a fine in the amount of 200 to 400 minimal salaries, or correctional labor
for 1-2 years, or with arrest for the term of up to 3 months.
2.
The same action committed:
1) in large amount;
2) by a group with
prior agreement, is punished with a fine in the amount of 300 to 500 minimal
salaries, or with imprisonment for the term of up 2 years.
3.
Actions envisaged in parts 1 or 2 of this Article
committed:
1) in a particularly
large amount;
2) by an organized
group,
is punished with imprisonment for the term of
2 to 5 years.
Section
9. Crimes against public security, computer data security, public order and
morality, and public health.
Chapter
23. Crimes against public security.
Article
217. Terrorism.
1. Terrorism, i.e.
committal of explosion, arson or actions causing significant human losses, or
other actions inflicting significant damage to property or actions causing
danger to public, or threat of such actions, if these actions were committed
with the purpose of violation of public security, intimidation of the
population or exerting pressure on decision making by a state official, as well
as, for the purpose of fulfilling another demand of the perpetrator, is
punished with imprisonment for the term of 5 to 10 years.
2. The same action
committed
1) by a several
persons with prior agreement,
2) using firearms,
is punished with imprisonment for the term of 8 to 12 years.
3. Actions envisaged
in parts 1 or 2 of this Article, if they were committed:
1) by an organized
group;
2) were accompanied
with use of mass destruction weapon, radioactive materials or with a threat to
use other means causing mass losses,
3) caused death by
negligence or other grave consequences, is punished with imprisonment for the
term of 10 years to 15 years.
3. A person who participated in terrorism is exempted from criminal
liability if he advised the authorities on time, or otherwise, contributed into
the prevention of terror act, and if his actions do not contain the elements of
other crime.
Article 218. Taking hostages.
1. Taking hostage or
keeping a hostage, which was committed for the purpose of forcing the state, an
organization or a citizen to perform certain action or not to perform certain
action on the condition of setting the hostage free, is punished with
imprisonment for the term of 5 to 8 years.
2. The same action
committed:
1) by several
persons with prior agreement;
2) using violence
dangerous for life or health;
3) by using a weapon
or some other item as a weapon;
4) against an
obvious minor;
5) against an
obviously pregnant woman;
6) against an
obviously helpless person;
7) against two or
more persons, is punished by imprisonment for the term of 6 years to 10 years.
3. Actions envisaged in parts 1 or 2 of this Article, if they were
committed:
1) by an organized
group;
2) caused death by
negligence or damage to health, or other grave consequences for one’s health,
is punished imprisonment for the term of 8 years to 15 years.
4. The person who refused from one’s demands and set the hostage free
voluntarily is exempted from criminal liability, if his actions do not contain
other elements of crime.
Article 219. Occupation of buildings, facilities, means of transportation
or communication.
1.
Occupation of buildings, facilities, means of
transportation and communication, other communication lines, or keeping them,
accompanied with a threat of their destruction or damage, which was committed
to force the state, an organization or a citizen to perform or not to perform
certain action on condition of vacating the occupied property, is punished with
imprisonment for the term of up to 5 years.
2.
The same action which is committed:
1) By a group with
prior agreement;
2) by threatening
violence dangerous for life or health;
3) by using weapons
or other items as weapons, is punished with imprisonment for the term of 4 to
10 years.
3. Actions envisaged in parts 1 or 2 of this Article, if they were
committed:
1) by an organized
group;
2) caused death by
negligence or damage to health, is punished imprisonment for the term of 6
years to 12 years.
4. The person who refused from
one’s demands who vacated voluntarily
the occupied property is exempted from criminal liability, if his actions do
not contain other elements of crime.
Article 220. Piracy.
1. Assaulting a sea
or river ship in order to capture somebody’s property, which was committed by
violence or threat of violence, is punished with imprisonment for the term of 5
to 10 years.
2. The same action
committed by an organized group or which negligently caused human death or
grave consequences, is punished imprisonment for the term of 8 to 15 years with
or without property confiscation.
Article 221. Hijacking or capture of an aircraft, ship or train.
1. Capture of an
aircraft, ship or train for the purpose of hijacking or occupation, is punished
with imprisonment for the term of 4 to 8 years.
2. The same action
when committed:
1) by several
persons with prior agreement;
2) by using violence
dangerous for life or health, or by threatening to use such violence,
3) by using weapons
or items used as a weapon, is punished imprisonment for the term of 7 years to
12 years.
3. Actions envisaged in parts 1 or 2 of this Article, if they were
committed:
1) by an organized
group;
2) caused death by
negligence or other grave consequences, is punished imprisonment for the term
of 8 to 15 years.
Article
222. Banditry.
1. Creation of an
organized armed group (band) with the purpose of assaulting citizens or
organizations, leading such a group, or participation in the actions of the
band, is punished with imprisonment for the term of 10 to 15 years, with or
without property confiscation.
2. Participation in
a band, is punished with imprisonment for the term of 6 to 10 years, with or
without property confiscation.
Article 223. Creation of criminal associations or participation in
criminal association.
1.
Creation of criminal associations or leading a
criminal association, is punished with imprisonment for 8-12 years, with or
without property confiscation.
2.
Participation in a criminal association, is punished
with imprisonment for 6-10 years, with or without property confiscation.
3.
The acts envisaged in part 1 or 2 of this Article
with abuse of official position, are punished with imprisonment for 10-15 years,
or deprivation of the right to hold
certain posts or practice certain activities for up to 3 years, with or without
property confiscation.
4.
The person who informed the state bodies about the creation of a criminal
association by oneself, or about the participation in the criminal association,
and who contributed to the prevention of its activity, is exempted from
criminal liability, if there are no other criminal elements in his actions.
Article 224. Creation of armed formations not stipulated by law or
participation therein.
1.
Creation of armed formations not envisaged by law or
commanding such formations, if there are no elements of crime under Article 222
of this Code, are punished with correctional labor for up to 2 years, or
imprisonment for 2-7 years.
2.
Participation in armed formations not envisaged by
law is punished with correctional labor for up to 2 years, or with arrest for
up to 3 months, or imprisonment for up to 5 years.
3.
Acts envisaged in part 1 or 2 of this Article with
abuse of official position, are punished with imprisonment for 6-10 years, with
deprivation of the right to hold certain
posts or practice certain activities up to 3 years.
Article
225. Mass disorder.
1.
Organization of mass
disorder, accompanied with violence, pogroms, arson, destruction or damage to
property, using fire-arms, explosives or explosive devices, or by armed
resistance to the representative of the authorities, is punished with imprisonment for the term of 4 to 10 years.
2.
Immediate implementation of
actions envisaged in part 1 of this Article, is punished with imprisonment for the term of 3 to 8
years.
3.
Acts envisaged in part 1 or 2 of this Article accompanied with murder, is punished with imprisonment for 6-12 years.
4.
Active disobedience to the
representative of authorities during mass disorder, or calls for violence
against people or for mass disorder, is punished with correctional labor for up
to 2 years, or arrest for 2 months, or imprisonment for up to 3 years.
Article
226. Inciting national, racial or religious hatred.
1.
Actions aimed at the
incitement of national, racial or religious hatred, at racial superiority or humiliation
of national dignity, are punished with a fine in the amount of 200 to 500
minimal salaries, or with correctional labor for up to 2 years, or with
imprisonment for the term of 2-4 years.
2.
The actions envisaged in
part 1 of this Article committed:
1)
publicly or by mass media,
with violence or threat of violence;
2)
by abuse of official
position;
3)
by an organized group,
are
punished with imprisonment for the term of 3 to 6 years.
Article
227. Breach of safety regulations at nuclear energy facilities.
1.
Breach of safety regulations
at facilities using nuclear energy for location, design, construction, repair,
reconstruction, operation or decommissioning, re-commission, transportation or
use of nuclear fuel or radioactive materials, which negligently inflicted grave
or medium gravity damage to human health, is punished with a fine in the amount
of 200 to 500 minimal salaries, or with correctional labor for the term of up
to 2 years, or with imprisonment for the term of 5 years, with or without
deprivation of the right to hold certain
posts or practice certain activities for the term of up to 3 years.
2.
The action envisaged in part
1 of this Article which negligently caused human death, radioactive
contamination of the environment, or other grave consequences, is punished with
imprisonment for the term of 4 to 10 years, with or without deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
Article
228. Breach of safety regulations when operating sources of ionizing radiation.
1.
Breach of safety regulations
when operating or de-commissioning sources of ionizing radiation, or during
transportation, which negligently inflicted grave or medium gravity damage to
human health, is punished with a fine in the amount of 200-500 minimal
salaries, or correctional labor for up to 2 years, or imprisonment up to 5
years, with or without deprivation of
the right to hold certain posts or practice certain activities for 3
years.
2.
The act envisaged in part 1
of this Article, which negligently caused human death, radioactive
contamination of the environment or other severe consequences, is punished with
imprisonment for 4-10 years, with or without deprivation of the right to hold certain posts or practice
certain activities for 3 year.
Article
229. Breach of safety regulations for the operation of electron, proton, heavy
ion accelerators.
1.
Breach of safety regulations
for the location, design, construction, repair, reconstruction, operation or
decommissioning of electron, proton, heavy ion accelerators, which negligently
caused grave or medium gravity damage to human health, is punished with a fine
in the amount of 200-500 minimal salaries, or correctional labor for up to 2
years, or imprisonment up to 5 years, with or without deprivation of the right to hold certain posts or practice
certain activities for 3 years.
2.
The act envisaged in part 1
of this Article which negligently caused human death, radioactive contamination
of the environment or other severe damage, is punished with imprisonment for
4-10 years, with or without deprivation of
the right to hold certain posts or practice certain activities for 3
years.
Article
230. Breach of safety regulations during mining, construction or other works.
1.
Breach of safety regulations
during mining, construction or other works, when this negligently caused grave
or medium gravity damage to human health, is punished with a fine in the amount
of 100 to 200 minimal salaries, or with correctional labor for the term of up
to 2 years, or with imprisonment for the term of 2 years, with or without
deprivation of the right to hold certain
posts or practice certain activities for 1-3 years.
2.
The same action which
negligently caused human death or other grave consequences, is punished with
imprisonment for the term of up to 10 years, with or without deprivation
of the right to hold certain posts or
practice certain activities for up to 3 years.
Article
231. Breach of safety regulations at facilities with explosion hazard.
1.
Breach of safety regulations
at facilities with explosion hazard, if this negligently caused grave or
medium-gravity damage to human health, is punished with a fine in the amount of
100 to 200 minimal salaries, or with correctional labor for up to 1 year, or
with imprisonment for up to 2 years, with or without deprivation of the right to hold certain posts or practice
certain activities for up to 2 years.
2.
The same action which
negligently caused human death or other grave consequences, is punished with
imprisonment for 4-10 years, with or without deprivation of the right to hold certain posts or practice
certain activities for 1-2 years.
Article
232. Breach of fire-safety regulations.
1.
Breach of fire-safety
regulations by the person who is in charge of the observance of these rules, if
this negligently caused grave or medium-gravity damage to human health, is
punished with a fine in the amount of 100 to 200 minimal salaries, or with correctional
labor for the term of up to 1 year, or with imprisonment for the term of 3
years, with or without deprivation of
the right to hold certain posts or practice certain activities for 1-2
years.
2.
The same action which
negligently caused human death or other grave consequences, is punished with
imprisonment for 4-8 years, with or without deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
Article
233. Illegal turnover of radioactive materials.
1.
Illegal procurement,
keeping, use, transportation, transfer, sale, destruction or damage of
radioactive materials, is punished with correctional labor for the term of up
to 1 year, or with arrest for the term of up to 2 months, or with imprisonment
for the term of up to 2 years.
2.
The same action which
negligently caused grave or medium-gravity damage to health, is punished with
correctional labor for the term of up to 2 years, or with imprisonment for the
term of up to 5 years.
3.
The action envisaged in part
1 of this Article which negligently caused human death or other grave
consequences is punished with imprisonment for 4-10 years.
Article
234. Theft or extortion of radioactive materials.
1.
Theft or extortion of
radioactive materials, is punished with imprisonment for 3-5 years.
2.
The same act committed by:
1)
by several persons with
prior agreement;
2)
by abuse of official
position;
3)
with violence not dangerous
for life or health, or with threat of such violence, is punished with
imprisonment for the term of 4 to 7 years.
3.
Actions envisaged in parts 1 or 2 of this Article, committed:
1)
by an organized group;
2)
with violence dangerous for
life or health, or with threat of such violence, is punished with imprisonment
for the term of 5 to 12 years, with or without property confiscation.
Article
235. Illegal procurement, transportation or carrying of weapons, ammunition,
explosives or explosive devices.
1.
Illegal procurement,
transportation, keeping or carrying of weapons, explosives or explosive
devices, ex
2.
The actions envisaged in
part 1 of this Article which were committed by a group with prior agreement,
are punished with imprisonment for the term of 2 to 6 years.
3.
The actions envisaged in
part 1 of this Article which were committed by an organized group, are punished
with imprisonment for the term of 3 to 8 years.
4.
Illegally carrying of gas
weapons, cold steel, or throwing weapons, is punished with correctional labor
for 1-2 years, or arrest for the term of 1-3 months, or with imprisonment for
the term of up to 2 years and a fine in the amount of up to 200 minimal
salaries, or without that.
5.
The person who voluntarily surrendered the items mentioned in this Article is
exempted from criminal liability, if there are no other elements of crime in
his actions.
Article
236. Illegal manufacture of weapons.
1.
Illegal manufacture or
repair of fire-arms, fire-arm components or illegal manufacture of ammunition,
explosives or explosive devices, is punished with imprisonment for the term of
up to 3 years.
2.
The same action which was
committed by a group with prior agreement, is punished with imprisonment for
the term of 2 to 6 years.
3.
The actions envisaged in
part 1 of this Article which were committed by an organized group, are punished
with imprisonment for the term of 4 to 8 years.
4. The person who voluntarily surrendered the items mentioned in this Article is exempted from criminal liability, if there are no other elements of crime in his actions.
Article
237. Improper performance of the duties of safekeeping of weapons, ammunition,
explosives and explosive devices or failure thereof.
1.
Improper performance of the
duties of safekeeping of weapons, ammunition, explosives and explosive devices
by the person in charge, if this caused theft or destruction, or other grave
consequences, is punished with correctional labor for the term of up to 2
years, or with arrest for the term of 1-3 months, or with imprisonment for the
term of up to 2 years, with or without
deprivation of the right to hold certain
posts or practice certain activities for up to 3 years.
2.
Improper performance of
duties of safekeeping of nuclear, chemical, biological or other mass
destruction weapons, or auxiliary materials or equipment used in the creation
of mass destruction weapons, if this negligently caused grave consequences, is
punished with imprisonment for the term of 3 to 7 years, with deprivation
of the right to hold certain posts or
practice certain activities for up to 3 years.
3.
The acts envisaged in part 1
or 2 of this Article, if they negligently caused human death, are punished with
imprisonment for the term of 5 to 10 years, with or without deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
Article
238. Theft or extortion of weapons, ammunition, explosives and explosive
devices.
1.
Theft or extortion of fire-arms,
fire-arm components, ammunition, explosives and explosive devices, is punished
with imprisonment for the term of 3 to 5 years.
2.
Theft or extortion of
nuclear, chemical, biological or other mass destruction weapons, or materials
or equipment used in the creation of mass destruction weapons, is punished with
imprisonment for the term of 4 to 7
years.
3.
Actions envisaged in parts 1
or 2 of this Article, if they were committed:
1)
by a group of persons with
prior agreement;
2)
by abuse of official
position;
3)
by use of violence not
dangerous for life or health, or with a threat of using such violence;
4)
in large amounts,
is
punished with imprisonment for the term of 6 to 10 years, with or without
property confiscation.
4.
Actions envisaged in parts 1, 2 or 3 of this Article, if they were committed:
1)
by an organized group;
2)
by use of violence dangerous
for life or health, or with a threat of using such violence;
3)
in particularly large amounts, is punished with imprisonment for the term of 8
to 12 years, with or without property confiscation.
Article
239. Negligent warehousing of fire-arms.
Negligent
warehousing of fire-arms or ammunition which created conditions for others to
use these fire-arms or ammunition, as well as to transfer the weapons or
ammunition to another person, if this caused grave consequences, is punished
with correctional labor for the term of up to 2 years, or with arrest for the
term of up 3 months, or with
imprisonment for the term of up to 2 years.
Article
240. Breach of rules for warehousing, accounting, transportation, delivery or
use of flammable or pyrotechnic materials.
1.
Breach of rules for
warehousing, accounting, transportation, delivery or use of flammable or
pyrotechnic materials, as well as illegal transportation of such materials or
delivery, if this negligently caused severe consequences, is punished with
correctional labor for up to 2 years, or imprisonment for up to 2 years.
2.
The acts envisaged in part 1
of this Article, if they negligently caused human death, are punished with imprisonment
for 3-7 years, with or without deprivation of
the right to hold certain posts or practice certain activities for up to
3 years.
Article
241. Breach of safety and operation rules for rail, air or water traffic.
1.
Breach of safety and
operation rules for rail, air or water traffic by the person who must observe
these rules due to the work done or occupied position, if this negligently
caused grave or medium gravity damage to human health, or caused large damage,
is punished with a fine in the amount of up to 200 minimal salaries, or
correctional labor for up to 2 years, or imprisonment for up to 2 years, with
or without deprivation of the right to
hold certain posts or practice certain activities for up to 3 years.
2.
The same act which
negligently caused human death, is punished with imprisonment for up to 5
years.
3.
The act envisaged in part 1
of this Article which negligently caused the death of 2 or more people, is
punished with imprisonment for 4-10 years.
Article
242. Breach of traffic rules and operation of means of transportation.
1.
Breach of traffic rules and
operation of means of transportation by the driver of a car or other mechanical
means of transportation, which negligently caused grave or medium-gravity
damage to human health is punished with a fine in the amount of up to 200
minimal salaries, or correctional labor for the term of up to 2 years, or with
arrest for the term of 1-3 months, or with imprisonment for the term of up to 2
years, with or without deprivation of
the right to drive a means of transportation for up to 3 years.
2.
The same action which
negligently caused human death, is punished with imprisonment for the term of
up to 5 years, with deprivation of the
right to drive a means of transportation for up to 3 years.
3.
The action envisaged in part
1 of this Article which by negligence caused the death of 2 or more persons, is
punished with imprisonment for the term of 4 to 10 years, with deprivation
of the right to drive a means of
transportation for up to 3 years.
4.
By other mechanical means in this Article we mean tramways, trolleys, tractors,
motorcycles, etc.
Article
243. Drunk driving or driving by a person under 16 years of age.
Drunk
driving or driving by a person under 16 years of age, if this caused
consequences envisaged in Article 241 or
242, is punished with a fine in the amount of 200-400 minimal salaries or with
arrest for up to 1 month or correctional labor for up to 1 year, or
imprisonment up to 2 years, with deprivation of
the right to drive a vehicle for up to 3 years.
Article
244. Abandonment of the site of road accident.
Abandonment
of the site of road accident by the driver of the means of transportation who
breached the traffic rules or rules of operation of the means of
transportation, in the case of consequences envisaged in Article 242 of this Code,
is
punished with correctional labor for the term of up to 2 years, or with arrest
for the term of up to 3 months, or with imprisonment for the term of up to 2
years, with or without deprivation of
the right to hold certain posts or practice certain activities for up to
3 years.
Article
245. Poor-quality repair of means of transportation or operation of means of
transportation with malfunctions.
1.
Poor-quality repair by a
person in charge of maintenance of the means of transportation, of the means of
communication, communication lines, signaling or other equipment, or release of
the means of transportation for operation, if this action negligently caused
grave or medium-gravity damage to human health or large damage, is punished
with a fine in the amount of 300 to 500 minimal salaries, or with correctional
labor for the term of up to 2 years, or with arrest for the term of up to 3
months, or with imprisonment for the term of up to 2 years, with or without
deprivation of the right to hold certain
posts or practice certain activities for up to 3 years.
2.
The same action which
negligently caused human death, is punished with imprisonment for the term of
up to 5 years.
3.
The action envisaged in part
1 of this Article which by negligence caused the death of 2 or more persons, is
punished with imprisonment for the term of 4 to 10 years.
Article
246. Spoilage of means of transportation or communication lines.
1.
Destruction, damage or any
other spoilage of means of transportation, communication lines, signaling or
other transportation equipment, obstruction of transportation communications,
if this action negligently caused grave or medium-gravity damage to human
health or large damage, is punished with a fine in the amount of 300 to 500
minimal salaries, or with imprisonment for the term of up to 4 years.
2.
The same action which
negligently caused human death, is punished with imprisonment for the term of 3
to 8 years.
3.
The action envisaged in part
1 of this Article which by negligence caused the death of 2 or more persons, is
punished with imprisonment for the term of 6 to 10 years.
Article
247. Breach of rules providing safe operation of transport.
1.
Breach of rules providing
safe operation of transport by a passenger, a pedestrian or other participant
of traffic (ex
2.
The same action which
negligently caused human death, is punished with imprisonment for the term of
up to 5 years.
3.
The action envisaged in part
1 of this Article which by negligence caused the death of 2 or more persons, is
punished with imprisonment for the term of 4 to 8 years.
Article
248. Breach of safety rules for construction, operation and repair of main
pipe-lines.
1.
Breach of safety rules for
construction, operation and repair of main pipe-lines, if this action
negligently caused grave or medium-gravity damage to human health or large
damage, is punished with correctional labor for the term of up to 2 years, or
with arrest for the term of 1-2 months, or with imprisonment for the term of up
to 2 years, with or without deprivation of
the right to hold certain posts or practice certain activities for up to
3 years.
2.
The same action which
negligently caused human death, is punished with imprisonment for the term of
up to 5 years.
3.
The action envisaged in part
1 of this Article which by negligence caused the death of 2 or more persons, is
punished with imprisonment for the term of 4 to 10 years.
Article
249. Captain’s failure to help a ship in distress.
Captain’s
failure to help a ship in distress in the sea or other water body, if this help
could be offered without exposing the ship, the passengers or its crew to
serious danger,
is
punished with a fine in the amount of 300 to 500 minimal salaries, or with
correctional labor for the term of up to 2 years, or with imprisonment for the
term of up to 2 years, with or without deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
Article
250. Breach of rules for international flights.
Failure
to observe the established permitted flight routes, landing places, air gates,
flight altitudes or breach of other rules for international routes, is punished
with a fine in the amount of 300 to 500 minimal salaries, or with correctional
labor for the term of up to 1 year, or with arrest for the term of 1-2 months,
with or without deprivation of the right
to hold certain posts or practice certain activities for up to 3 years.
Chapter
24.
Crimes
against computer information security.
Article
251. Access (penetration) into computer information system without permission.
1.
Penetration into information
stored in a computer system, network or on storage media, and part or the whole
information system protected by law, without permission, committed with
violation of the protection system and negligently caused change, copying,
obliteration or isolation of information, or spoilage of computer equipment,
computer system or other significant damage, is punished with a fine in the
amount of 200 to 400 minimal salaries, or correctional labor for 6 months to 1
year, or with imprisonment for the term of up to 2 years.
2.
The action,
1) committed
with abuse of official position,
2) committed
by a group with prior agreement,
3)
which negligently caused grave consequences, is punished with a fine in the
amount of 300 to 500 minimal salaries, or correctional labor for 1-2 years, or
with arrest for the term of 1-3 months, or with imprisonment for the term of up
to 5 years.
Article
252. Change in computer information.
1.
Change in information stored
in a computer, computer system, network or on storage media, or entering
obviously false information therein, in the absence of elements of property
theft, or infliction of property damage by de
2.
The same action which:
1) was accompanied with access (penetration) into a computer system or network
without permission;
2) was committed by abuse of official position,
3) was committed by a group with prior agreement,
4) negligently caused grave consequences,
is
punished with a fine in the amount of 300 to 500 minimal salaries, or with
correctional labor for the term of up to 2 years, or with arrest for the term
of 1-3 months, or with imprisonment for the term of up to 2 years.
Article
253. Computer sabotage.
1.
Obliteration (sabotage) of
computer data or software, isolation or making it unusable, spoilage of computer
equipment or destruction of the computer system, network or on storage media,
is punished with a fine in the amount of 300 to 500 minimal salaries, or with
correctional labor for the term of up to 1 year, or with arrest for the term of
1-3, or with imprisonment for the term of up to 2 years.
2.
The same action:
1) 1) accompanied with access (penetration) into a computer system or
network without permission;
2) negligently caused grave consequences,
is
punished with correctional labor for the term of up to 2 years, or with
imprisonment for the term of up to 4 years.
3.
The acts envisaged in part 1 or 2 of this Article which willfully caused severe
consequences, are punished with imprisonment for 3-6 years.
Article
254. Illegal appropriation of computer data.
1.
Copying or appropriating in
any other way, of computer data stored in the computer system, network or on
storage media, inter
2.
Forcing the submission of
data mentioned in part 1 of this Article stored in the computer system, network
or on storage media, by threat of publicizing defamatory information concerning
a person or his close relatives, facts which the aggrieved wishes to keep
secret, or with a threat to use violence against the person or his relatives,
or against the person who manages this information, with a threat to destroy or
damage the property, is punished with correctional labor for the term of up to
2 years, or with arrest for the term of 1-3, or with imprisonment for 2-5
years.
3.
Actions envisaged in parts 1
or 2 of this Article which:
1) were accompanied with use of violence against the person or his close
relatives;
2) were committed by a group with prior agreement;
3) inflicted significant damage to the aggrieved;
4) were committed with the purpose of obtaining particularly valuable
information,
are
punished with imprisonment for the term of 4 to 10 years.
4.
Actions envisaged in parts
1, 2 or 3 of this Article which:
1) were committed by an organized group;
2) were accompanied with infliction of damage to health or other grave
consequences,
are
punished with imprisonment for the term of 6 to 12 years.
Article
255. Manufacture or sale of special devices for illegal penetration into a
computer system or network.
Manufacture
of special hardware or software for the illegal penetration into a protected
computer system or network for the purpose of sale, is punished with a fine in
the amount of 300 to 500 minimal salaries, or correctional labor for the term
of up to 1 year, or with arrest for the term of up to 2 months, or with
imprisonment for the term of up to 2 years.
Article
256. Manufacture, use and dissemination of hazardous software.
1.
Development of computer
software for the purpose of obliteration, isolation, changing of data stored in
the computer system, network or on storage media, or for making changes in
existing software, or developing software with special viruses, their use, or
dissemination of storage media with such software, is punished with a fine in
the amount of 300 to 500 minimal salaries, or correctional labor for the term
of up to 1 year, or with arrest for the term of 1-3, or with imprisonment for
the term of up to 2 years and a fine in the amount of 100 to 300 minimal
salaries.
2.
The same action,
1)
Committed with mercenary
motives,
2)
Committed by a group with
prior agreement,
3)
which negligently caused
grave consequences, is punished with imprisonment for the term of 2 to 5 years.
Article
257. Breach of rules for operation of a computer system or network.
1.
Breach of rules for
operation of a computer system or network by the person who is entitled to
enter this system or network, if this negligently caused obliteration,
isolation, change in computer data, caused disruption in the work of computer
equipment, or other significant damage, is punished with deprivation of the right to hold certain posts or practice
certain activities for up to 5 years, or correctional labor for the term of up
to 1 year.
2.
The same action committed
during the operation of a computer system or network containing particularly
valuable data, is punished with imprisonment for the term of up to 2 years.
3.
Actions envisaged in parts 1
or 2 of this Article which negligently caused grave consequences, are punished
with imprisonment for the term of 2 to 5 years.
Chapter
25. Crimes against public order and morality.
Article
258. Hooliganism.
1.
Hooliganism is brutal
violation of public order which is manifested in express disrespect and
accompanied with violence in relation to citizens or a threat to use it, as
well as, destruction or damage of somebody’s property, is punished with
correctional labor for the term of up to 6 months, or with arrest for the term
of 1-3 months, or with imprisonment for the term of up to 2 years.
2.
Brutal breach of public
order combined with ex
3.
The action envisaged in part
1 or 2 of this Article, committed:
1) by a group of persons or organized group;
2) by offering resistance to a representative of authorities, or a person
carrying out a duty of public order protection or a person preventing breach of
public order,
3) By a person who has previously committed hooliganism.
4) Combined with medium gravity damage to the health of the person, is
punished with correctional labor for 1-2 years, or imprisonment for up to 5
years
4.
The act envisaged in parts 1, 2 or 3 of this Article, committed with a weapon
or another item used as a weapon, is punished with imprisonment for the term of
4 to 7 years.
Article 259. Making a false
statement about terrorism.
Making an obviously false statement about a
prepared act of terrorism, is punished a fine in the amount of 200 to 400
minimal salaries, or correctional labor for
up to 1-2 years, or with arrest for the term of 1-3 months, or with
imprisonment for the term of up to 3 years.
Article
260. Vandalism.
Profanation
of buildings and other facilities with indecent inscriptions or images,
damaging property in public transport or other public place, in the absence of
grave crime elements,
Is
punished with a fine in the amount of 50 to 100 minimal salaries, or
correctional labor for 6 months to 1 year, or arrest for up to 2 months.
Article
261. Involvement into prostitution.
1.
Involvement into
prostitution, by violence or use of violence, abuse of dependent position, by
threat to destroy, steal or damage property, or dissemination of defamatory
information about a person or close relatives, or by de
2.
The same actions committed
1)
With respect to a minor,
2)
by an organized group, are
punished with a fine in the amount of 300 to 500 minimal salaries, or correctional
labor for the term of up to 2 years, or with imprisonment for the term of 3 to
6 years.
Article
262. Maintaining dens of prostitution or pimping.
Maintaining
dens of prostitution or pimping, is punished with a fine in the amount of 300
to 500 minimal salaries, or correctional labor for the term of up to 1 year, or
with arrest for the term of 1-3 months, or with imprisonment for the term of up
to 5 years.
Article
263. Illegal dissemination of pornographic materials or items.
1.
Illegal manufacture, sale as
well as, dissemination of pornographic materials or items, as well as, printed
publications, films and videos, images or other pornographic objects, and
advertising, is punished with a fine in the amount of 200 to 400 minimal
salaries, or with arrest for the term of up to 2 months, or with imprisonment
for the term of up to 2 years.
2.
Forcing minors to get involved
in creation of software, video or film materials, pictures or other items of
pornographic nature, as well as presenting children's pornography through
computer network, is punished with a fine in the amount of 400 to 800 minimal
salaries, or with arrest for the term of up to 3 months, or with imprisonment
for the term of up to 3 years.
3.
The same act committed by an
organized group, is punished with imprisonment for 2-4 years.
Article
264. Destruction or damage of monuments of history and culture.
1.
Destruction or damage of
state protected monuments of history, culture, as well as, destruction or
damage of documents or items possessing particular cultural or historical
value, is punished with a fine in the amount of 200 to 400 minimal salaries, or
correctional labor for the term of up to 1 year, or with arrest for the term of
up to 2 months, or with imprisonment for the term of up to 2 years.
2.
The same actions committed
against facilities or monuments of particular value, are punished with a fine
in the amount of 300 to 500 minimal salaries, or correctional labor for the
term of up to 2 years, or with arrest for the term of 1-3 months, or with imprisonment
for the term of up to 5 years.
3.
The acts mentioned in part 1
of this Article committed negligently and caused particularly large damage, are
punished with a fine in the amount of 100 to 200 minimal salaries, or
correctional labor for the term of up to 6 months, or with arrest for the term
of up to 2 months, or with imprisonment for the term of up to 1 year.
4.
The acts mentioned in part 3
of this Article committed to facilities or monuments of particular value and
caused particularly large damage, are punished with a fine in the amount of 200
to 400 minimal salaries, or correctional labor for the term of up to 1 year, or
with arrest for the term of up to 2 months, or with imprisonment for the term
of up to 2 years.
Article
265. Outrageous treatment of dead bodies or burial places.
1.
Outrageous treatment of a
dead body or a burial place, destruction, damage or desecration of cemetery
facilities or items, or places allocated for memorial ceremonies, is punished
with a fine in the amount of 300 to 500 minimal salaries, or correctional labor
for up to 1 year, or with arrest for the term up to 2 months.
2.
The same actions which were
committed:
1) by a group with prior agreement, or by organized group;
2) by motives of national, racial or religious hatred;
3)
by stealing items in or on graves, are punished with correctional labor for the
term of up to 2 years, or with arrest for the term of 1-3 months, or with
imprisonment for the term of up to 3 years.
Chapter
26.
Crimes
against the health of the population.
Article
266. Illegal turnover of narcotic drugs or psychotropic materials with the
purpose of sale.
1.
Illegal manufacture,
processing, procurement, keeping, trafficking or supplying of narcotic drugs or
psychotropic materials with the purpose of sale, is punished with imprisonment
for the term of 3 to 7 years.
2.
The same action committed:
1)
by a group of persons;
2)
in large amount;
3)
at the place of imprisonment
or arrest;
4)
in disciplinary/educational
institution,
is
punished with imprisonment for the term of 5 to 10 years with property
confiscation.
3.
Actions envisaged in parts 1 or 2 of this Article, if they were committed:
1)
by an organized group;
2)
in particularly large
amount,
is
punished with imprisonment for the term of 7 to 15 years with or without property
confiscation.
4. The large and particularly large amounts of narcotic drugs or
psychotropic materials are established by the competent state governance body
of the RA.
5. Illegal turnover of narcotic
drugs or psychotropic materials in small amounts does not entail criminal
responsibility.
6. A person voluntarily submitting narcotic drugs or psychotropic
materials will be relieved of criminal responsibility for illegal manufacture,
processing, procurement, keeping, trafficking or supplying of narcotic drugs or
psychotropic materials.
Article 267. Breach of regulations for manufacture, procurement,
keeping, accounting, dispensing, transportation or supply of narcotic drugs or
psychotropic materials
1.
Breach of regulations for
manufacture, procurement, keeping, accounting, dispensing, transportation or
supply of narcotic drugs or psychotropic materials by the person who is in
charge of their observance, if it resulted in theft or illegal turnover of
afore-mentioned materials, is punished with a fine in the amount of 200 to 500
minimal salaries, or with imprisonment for the term of up to 3 years, with
deprivation of the right to hold certain
posts or practice certain activities for up to 3 years.
2.
The action envisaged in the
first part of this article, if it was committed in large amounts, is punished
with a fine in the amount of 500 to 800 minimal salaries, or with imprisonment
for the term of 2 to 4 years, with deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
3.
The action envisaged in the
first part of this article, if it was committed in particularly large amounts,
is punished with imprisonment for the term of 3 to 5 years, with deprivation
of the right to hold certain posts or
practice certain activities for up to 3 years.
Article
268. Illegal turnover of narcotic drugs or psychotropic materials without the
purpose of sale.
1.
Illegal manufacture,
processing, procurement, keeping, delivery or supply of narcotic drugs or
psychotropic materials without the purpose of sale, is punished with arrest for
the term of up to 2 months or with imprisonment for the term of up to 1 year.
2.
The same action committed in
large amount:
Is
punished with imprisonment for the term of up to 3 years.
3.
The same action committed in
particularly large amount:
Is
punished with imprisonment for the term of 2 to 6 years.
Article
269. Theft or extortion of narcotic drugs or psychotropic materials.
1.
Theft or extortion of
narcotic drugs or psychotropic materials, is punished with imprisonment for the
term of 3 to 7 years.
2.
The same action committed :
1)
by a group of persons with
prior agreement;
2)
by abuse of official
position;
3)
with violence not dangerous
for life or health, or with threat of such violence,
4)
in large amount,
is
punished with imprisonment for the term of 6 to 10 years with or without
property confiscation.
3.
The action envisaged in part 1 or 2 of this Article which was committed:
1)
by an organized group;
2)
in particularly large
amount;
3)
with violence dangerous for
life or health, or with threat of such violence,
is
punished with imprisonment for the term of 8 to 15 years with or without
property confiscation.
Article
270. Illegal transfer of narcotic drugs or psychotropic materials or forgery of
recipes or other documents which entitle their receipt.
Illegal
transfer of narcotic drugs or psychotropic materials or forgery of recipes or
other documents which entitle their receipt, is punished with imprisonment for
the term of up to 2 years, with or without deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
Article
271. Use of narcotic drugs.
1.
Use of narcotic drugs without medical permission, is punished with a fine in
the amount of up to 200 minimal salaries, or with arrest for the term of up to
2 months.
2.
The person who surrenders drugs is exempted from criminal liability.
Article
272. Abetting or involving into use of narcotic or psychotropic drugs.
1.
Abetting or involving into
use of narcotic or psychotropic drugs, is punished with correctional labor for
the term of up to 2 years, or with arrest for the term of up to 3 months, or
with imprisonment for the term of up to 3 years.
2.
Abetting or involving into
the use of narcotic or psychotropic drugs, committed:
1)
in relation to a minor;
2)
in relation to two or more
persons;
3)
by de
4)
with violence or with a
threat to commit violence,
is
punished with imprisonment for the term of 3 to 8 years.
3.
The same action, if this
negligently caused the death of the aggrieved or caused grave damage to his
health,
is
punished with imprisonment for the term of 6 to 12 years.
Article
273. Illegal cultivation or raising of herbs prohibited for processing,
containing narcotic, psychotropic or toxic substances.
1.
Cultivation or raising of
herbs prohibited for processing containing narcotic, psychotropic or toxic
substances, done in large amount, is punished with a fine in the amount of 300
to 500 minimal salaries, or with arrest for the term of 1-3 months, or with imprisonment for the term of
up to 2 years.
2.
The same action committed:
1)
by several persons with
prior agreement;
2)
by an organized group;
3)
in particularly large
amount, is punished with imprisonment for the term of 3 to 8 years.
Article
274. Organization and maintaining of dens for the use of narcotic or
psychotropic drugs.
1.
Organization and maintaining
of dens for the use of narcotic or psychotropic drugs, is punished with
imprisonment for the term of up to 4
years.
2.
The same action committed:
1)
by an organized group;
2)
by abuse of official
position,
3)
in disciplinary/education
institutions, is punished with imprisonment for the term of 3 to 7 years.
Article
275. Illegal turnover of strong or toxic substances for the purpose of sale.
1.
Illegal manufacture,
processing, procurement, keeping, trafficking, supply of strong substances
which are not considered to be narcotic or psychotropic drugs, for the purpose
of illegal sale, is punished with imprisonment for the term of up to 3 years.
2.
The same action committed:
1)
by a group of persons with
prior agreement,
2)
in large amount, is punished
imprisonment for the term of 2 to 5
years.
3.
The action envisaged in part
1 or 2 of this Article which was committed:
1)
by an organized group,
2)
in particularly large amount;
is
punished with imprisonment for the term of 4 to 8 years.
4. A person voluntarily submitting
strong or toxic substances will be relieved of criminal responsibility for
illegal manufacture, processing, procurement, keeping, trafficking, supplying
or selling of strong or toxic substances.
Article 276. Breach of rules for manufacture, procurement, keeping,
accounting, transfer, transportation or supply of strong or toxic materials.
Breach of rules for manufacture, procurement, keeping, accounting,
transfer, transportation or supply of strong or toxic materials, if this caused
theft or other significant damage, is punished with a fine in the amount of up
to 300 minimal salaries, or correctional labor for up to 2 years, or with
imprisonment for the term of up to 2 years, with deprivation of the right to hold certain posts or practice
certain activities for 3 years.
Article
277. Breach of sanitation and epidemic regulations.
1.
Breach of sanitation and
epidemic regulations which negligently caused mass diseases or poisoning of
humans, is punished with a fine in the amount of up to 200 minimal salaries, or
correctional labor for up to 2 years, or with imprisonment for the term of up
to 3 years, or with deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
2.
The same action which
negligently caused heavy damage to health or human death, is punished with
imprisonment for the term of up to 5
years
Article
278. Concealing information about circumstances dangerous for human life or
health.
1.
Concealing or distortion of
facts, phenomena or events dangerous for human life or health, or the
environment, committed by a person in charge of providing such information to
the population, is punished with a fine in the amount of 200 to 400 minimal
salaries, or with imprisonment for the term of up to 2 years, or with or without deprivation of the right to hold certain posts or practice
certain activities for 3 years.
2.
The same action which:
1)
was committed by abuse of
official position;
2)
caused damage to human
health or death, by negligence, is punished with a fine in the amount of up to
300-500 minimal salaries, or with imprisonment for the term of 2-6 years, or with or without deprivation of the right to hold certain posts or practice
certain activities for 3 years.
Article
279. Manufacture or sale of goods, or performing work, or providing services
which do not meet safety requirements.
1.
Manufacture or sale of goods
which do not meet safety requirements for the consumers’ life or health, or
illegal issuance or use of certificates of compliance with safety requirements
for these goods, works or services, if this action negligently damaged human
health, is punished with a fine in the amount of 200 to 400 minimal salaries,
or correctional labor for the term of up to 1 year, or with imprisonment for
the term of up to 2 years or with or without deprivation of the right to hold certain posts or practice
certain activities for 3 years.
2.
The same action if this:
1)
was committed in relation to
goods, works or services intended for children;
2)
negligently damaged the
health of two or more persons,
3)
negligently caused human
death,
is
punished with a fine in the amount of 300 to 500 minimal salaries, or
correctional labor for the term of up to 2 year, or with imprisonment for the
term of up to 5 years or with or without deprivation of the right to hold certain posts or practice
certain activities for 3 years.
3.
Actions envisaged in parts 1
or 2 of this Article, which negligently caused the death of two or more
persons, are punished with imprisonment for the term of 4 to 10 years, with or
without deprivation of the right to hold
certain posts or practice certain activities for 3 years.
Article
280. Illegal private medical or pharmaceutical practice, manufacture or sale of
false drugs.
1.
Private medical or
pharmaceutical practice without permit (license), if this negligently caused
damage to human health, is punished with a fine in the amount of 300 minimal
salaries or correctional labor for up to 2 years or imprisonment for up to 3
years.
2.
Manufacture or sale of false
drugs, is punished with imprisonment for up to 3 years.
3.
The same act which
negligently caused human death, is punished with imprisonment for 5 years.
Section
10. Crimes
against environmental safety
Chapter
27. Crimes against environmental safety.
Article
281. Breach of environmental safety rules when implementing work.
The
breach of ecological safety rules by the person who is in charge of compliance
with these rules, during design, location, construction, commissioning and
operation of industrial, agricultural, scientific and other facilities, if this
action negligently caused a significant change in the radioactive, chemical,
and biological pollution of the
environment, human death, mass diseases in people, mass death of animals or
other grave consequences,
is
punished with imprisonment for the term of up to 5 years, with or without
deprivation of the right to hold certain
posts or practice certain activities for up to 3 years.
Article
282. Willful distortion or concealing of information about pollution of
environment.
1.
Concealing from people information
about environmental pollution dangerous for life and health through radioactive,
chemical, bacteriological materials, or providing obviously false information
about such pollution, by an official, is punished with a fine in the amount of
300 to 500 minimal salaries, or with deprivation of the right to hold certain posts or practice
certain activities from 2 to 5 years.
2.
The same action when it
negligently caused human death, mass
diseases in people, mass death of animals or other grave consequences, is
punished with imprisonment for the term of 2 to 6 years, with deprivation
of the right to hold certain posts or
practice certain activities for up to 3 years.
Article
283. Failure to take measures to eliminate the consequences of environmental
pollution.
Evasion
from decontamination or rehabilitation in areas affected with an environmental pollution,
or improper implementation of these measures by the person in charge, if this
negligently caused human death, mass human disease, mass death of animals or
other grave consequences, is punished with arrest for the term of 1-3 months,
or with imprisonment for the term of 2 to 6 years, with deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
Article
284. Breach of safety rules when handling dangerous chemical and biological materials and waste.
1.
Production of prohibited
dangerous chemical and biological materials
or waste, breach of rules for their using, storage, transportation, destruction
or other rules, if this created significant danger to human health or the
environment, is punished with a fine in the amount of 200 to 500 minimal
salaries, or correctional labor for the term of up to 2 years, or with
imprisonment for the term of up to 2 years, with or without deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
2.
The same action which:
1)
by negligence caused
pollution, poisoning or contamination of the environment, mass death of
animals, damage to human health,
2)
was committed in an
ecological disaster zone or in the emergency ecological situation, is punished
with imprisonment for the term of up to 5 years, with or without deprivation
of the right to hold certain posts or practice
certain activities for up to 3 years.
3.
The action envisaged in part
1 or 2 of this Article which caused negligently mass diseases in people or
human death, is punished with imprisonment for the term of 3 to 7 years, with
or without deprivation of the right to
hold certain posts or practice certain activities for up to 3 years.
4.
The acts envisaged in this
Article which willfully caused consequences envisaged in parts 1, 2 or 3 of
this Article, are punished with imprisonment for 6-12 years, with deprivation
of the right to hold certain posts or
practice certain activities for up to 3 years.
Article
285. Breach of safety rules for handling chemical or bacteriological agents or
poisonous materials.
1.
Breach of safety rules when
handling chemical or bacteriological poisonous materials, if this negligently
caused damage to human health, caused human or animal epidemics, or other grave
consequences, is punished with imprisonment for the term of up to 3 years, with
or without deprivation of the right to
hold certain posts or practice certain activities for up to 3 years.
2.
The same action which
negligently caused death of humans or mass death animals, is punished with
imprisonment for the term of 2 to 5 years, with or without deprivation of the right to hold certain posts or practice certain
activities for up to 3 years.
Article
286. Breach of established veterinary rules or rules for struggle against plant
diseases and vermin.
1.
Breach of veterinary rules
which negligently caused human or animal epidemics or other grave consequences,
is punished with correctional labor for the term of up to 2 years, or with
imprisonment for the term of up to 3 years with or without deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
2.
Breach of established rules
for struggle against plant diseases and vermin which negligently caused grave
consequences, is punished with correctional labor for the term of up to 1 year,
or with imprisonment for the term of up to 2 years with or without deprivation
of the right to hold certain posts or
practice certain activities for up to 3 years.
3.
The acts envisaged in this
Article which caused willful consequences envisaged in part 1 or 2 of this
Article, are punished with imprisonment for up to 5 years with or without
deprivation of the right to hold certain
posts or practice certain activities for up to 3 years.
.
Article
287. Pollution of water.
1.
Pollution of surface or ground waters, pollution, obstruction, exhaustion of
water-supply sources, or changing their natural properties or qualitative
composition, if these actions, willfully or negligently, caused significant
damage to flora or fauna, fish stocks, forests or agriculture,
is
punished with a fine in the amount of 500-800 minimal salaries, or with
deprivation of the right to hold certain
posts or practice certain activities for up to 5 years, or correctional labor
for 1 year, or with arrest for the term of up to 2 months.
2.
The same action actions which:
1)
negligently damaged human
health;
2)
caused mass destruction of animals;
3)
was committed in special
nature protection zones, or in a zone of ecological disaster, or in a zone of
ecological emergency, is punished with a fine in the amount of 600 to 1000
minimal salaries, or correctional labor for 1-2 years, or with imprisonment for
the term of up to 3 years with or without deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
3.
The action envisaged in part
1 or 2 of this Article which negligently caused human death, is punished with
imprisonment for the term of 2 to 5 years with or without deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
4.
The acts envisaged in this
Article which willfully caused the consequences envisaged in parts 1, 2 or 3 of
this Article, are punished with imprisonment for 6-12 with or without
deprivation of the right to hold certain
posts or practice certain activities for up to 3 years.
Article 288. Pollution of marine environment.
1.
Pollution of marine
environment from land sources, means of transportation, or from artificial
facilities built in the sea or as a result of breach of rules for disposal or
dumping of raw materials dangerous for human health or natural sea stocks, or
for legitimate use of marine environment, which willfully or negligently,
caused significant damage to the fauna, fish stocks, the environment or other
interests protected by law, is punished with a fine in the amount of 200 to 500
minimal salaries, or with or without deprivation of the right to hold certain posts or practice
certain activities for up to 5 years, or correctional labor for up to 2 years,
or with arrest for the term of up to 2 months.
2.
The same actions which
negligently damaged human health, are punished with imprisonment for the term
of up to 3 years, and a fine in the amount of 50-100 minimal salaries, or with
or without deprivation of the right to
hold certain posts or practice certain activities for up to 5 years.
3.
The action envisaged in part
1 or 2 of this Article which negligently caused human death, is punished with
imprisonment for the term of 2 to 5 years.
Article
289. Pollution of atmospheric air.
1.
Pollution of air or changing
its natural properties, committed by breach of the established norms, rules of
equipment operation, facilities or other constructions, if this action caused
significant damage, willfully or negligently, to the agricultural fields,
constructions, cultural values, the flora and the fauna, the soil of the
waters, is punished with a fine in the amount of 500 to 700 minimal salaries,
or with deprivation of the right to hold
certain posts or practice certain activities for up to 5 years, or correctional
labor for up to 1 year, or arrest for the term of up to 2 months.
2.
The same actions which
negligently damaged human health, are punished with a fine in the amount of 600
to 1000 minimal salaries, or correctional labor for 1-2 years, or with
imprisonment for the term of up to 3 years, with or without deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
3.
The action envisaged in part
1 or 2 of this Article which negligently caused human death, is punished with
imprisonment for the term of 2 to 5 years, with or without deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
Article
290. Spoilage of soil.
1.
Poisoning, polluting or
otherwise spoiling soil with hazardous products of economic or other
activities, committed due to breach of rules of handling pesticides,
fertilizers, poisonous chemicals or other dangerous substances, during their
use, storage and transportation, as well as rules of removing, transportation,
maintenance and using soil, which, willfully or negligently, caused significant
damage to the environment, is punished with a fine in the amount of 200 to 500
minimal salaries, or with deprivation of
the right to hold certain posts or practice certain activities for up to
3 years, or correctional labor for up to 1 year.
2.
The same action committed in
ecological disaster zone, or in the zone of ecological emergency, or
negligently caused damage to human health, is punished with correctional labor
for the term of up to 2 years, or imprisonment for up to 3 years, with or
without deprivation of the right to hold
certain posts or practice certain activities for up to 3 years.
3.
The action envisaged in part
1 or 2 of this Article which negligently caused human death, is punished with
imprisonment for the term of 2 to 5 years, with or without deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
Article
291. Breach of rules for protection and use of the lithosphere
1. Breach
of rules of design, location, construction, commissioning and operation of
mining enterprises or underground facilities not related to mining, breach of
rules for protection and use of the lithosphere , as well as, unauthorized
construction on the surface of mines, if this, negligently, caused significant
damage, is punished with a fine in the amount of 200 to 500 minimal salaries,
or with deprivation of the right to hold
certain posts or practice certain activities for up to 3 years, or correctional
labor for up to 2 years.
2. Use
of the lithosphere with breach of rules
for protection and use of the lithosphere, or with deviating from such
projects, or without a contract, which caused significant damage to human
health, to the environment, to mineral resources, constructions and buildings
contained in the lithosphere,
is
punished with a fine in the amount of 700 to 1000 minimal salaries, or with imprisonment
for up to 1 year, with or without deprivation of the right to hold certain posts or practice
certain activities for up to 5 years.
Article
292. Illegal harvesting of aquatic flora and fauna.
1.
Illegal fishing or
harvesting of aquatic fauna, or flora, if these actions:
1) inflicted large damage;
2) were committed by using mass destruction methods;
3) were committed at the spawning beds or on a migration route to the
spawning beds, or during spawning, is punished with a fine in the amount of 500
to 700 minimal salaries, or correctional
labor for up to 2 years, or with arrest for the term of 2-3 months.
2.
The actions envisaged in
parts 1 or 2 which were committed by:
1) abuse of official position;
2)
by a group of persons with prior
agreement, are punished with a fine in the amount of 600 to 1000 minimal
salaries, or with imprisonment for the term of up to 2 years, with or without
deprivation of the right to hold certain
posts or practice certain activities for up to 3 years, or correctional labor
for 1-2 years.
Article 293. Breach of rules for protection of fish stocks
Lumber
rafting, construction of bridges, dams, shipment of forest products by means of blasting or other works, as well as,
operation of damming (reservoir) facilities and pumping units, by breach of
fish stock protection rules, if this activity, willfully or negligently, caused
mass destruction of fish or water fauna, destruction of significant amount of
fodder stocks or other grave consequences,
is
punished with a fine in the amount of 300 to 600 minimal salaries, or with
deprivation of the right to hold certain
posts or practice certain activities for up to 3 years, or correctional labor
for up to 2 years.
Article
294. Illegal hunting.
1.
Illegal hunting which:
1) caused large damage;
2) was committed through the use of mechanical means of transportation, or
aircraft, explosives, gases or other methods of obliteration of birds and
animals;
3) committed against birds and animals whose hunting is entirely
prohibited,
4) committed in a specially protected nature reserves,
is
punished with a fine in the amount of 100 to 400 minimal salaries, or
correctional labor for up to 2 years, or with arrest for the term of 2-3 months.
2.
The same action committed:
1) by abuse of official position;
2) by a group of persons with prior agreement, is punished with a fine in
the amount of 300 to 500 minimal salaries, or with imprisonment for the term of
up to 2 years, with or without deprivation of
the right to hold certain posts or practice certain activities for up to
3 years.
Article
295. Obliteration of habitat of rare and endangered species registered in the
Red Book of Rare and Endangered Species of the
Obliteration
of habitat of rare and endangered species registered in the Red Book of the
Article
296. Illegal tree and bush cutting.
1.
Illegal forest cuttings,
damaging trees, bushes, which are not part of the forest stock, or not subject
to cutting, floral coverage considered to be state property, to the extent to
stop their growth, if these actions inflicted a large damage, is punished with
a fine in the amount of 200 to 400 minimal salaries, or with deprivation
of the right to hold certain posts or
practice certain activities for up to 3 years, or correctional labor for 6
months to 1 year, or with arrest for the term of up to 2 months.
2.
The same actions which were
committed:
1)
by using position,
2)
in natural reservations
is
punished with a fine in the amount of 300 to 500 minimal salaries, or
correctional labor for 1-2 years, or with arrest for the term of up to 3
months, with or without deprivation of
the right to hold certain posts or practice certain activities for up to
3 years.
Article
297. Obliteration or damage of forest.
1.
Obliteration or damage of
forest, as well as, trees which are not part of the forest stock, committed as
a result of negligent handling of fire, explosives or other source of great
danger, and if this caused great damage, is punished with a fine in the amount
of 300 to 500 minimal salaries, or correctional labor for up to 2 years, or
with imprisonment for the term of up to 2 years.
2.
Obliteration or damage of
forest, as well as, trees which are not part of the forest stock, committed as
a result of arson or other publicly dangerous means, is punished with
imprisonment for the term of 3 to 8 years.
Article
298. Breach of regime of specially protected nature zones.
Breach
of regime of reserves, specially protected zones, national parks, and natural
objects specially protected by the state, which willfully or negligently caused
significant damage,
is
punished with a fine in the amount of 200 to 500 minimal salaries, or with
deprivation of the right to hold certain
posts or practice certain activities for up to 3 years, or correctional labor
for up to 2 years.
Section
11. Crimes against state power.
Chapter
28. Crimes against foundations of constitutional order or against state
security.
Article
299. High treason.
1.
High treason, i.e. siding with the enemy, espionage, transfer of state secrets
to a foreign state or foreign organization, or assisting in the implementation
of hostile action committed by a citizen of the Republic of Armenia, against
the self-government, territorial inviolability or external security of the
Republic of Armenia, is punished with imprisonment for the term of 10 to 15
years, with or without property confiscation.
2.
The person who committed a crime envisaged in this Article or Article 302 of
this Code, is exempted from criminal liability, if he voluntarily informed the
authorities or assisted in another way to the prevention of further damage and
if there are no other elements of crime in his actions.
Article
300. Usurping state power.
1.
Usurping state power, i.e. seizure of state power, in violation of the
Constitution of the Republic of Armenia, or keeping it with violence, as well
as, actions aimed at the overthrowing of constitutional order of the Republic
of Armenia, or the violent breach of territorial integrity of the Republic of
Armenia, is punished with imprisonment for the term of 10 to 15 years.
2.
The person who voluntarily informed the authorities about the crime envisaged
in this Article, is exempted from criminal liability, if, as a result of taken
measures and provided information, the committal of these actions was
prevented.
Article
301. Public calls for changing the constitutional order of the
Public
calls for seizing state power by force, changing the constitutional order of
the
Article
302. Espionage.
Providing
information containing state secrets to a foreign state, foreign organization
or their representatives, or collection, theft or keeping such information,
with the same purpose, as well as, collection and provision of other
information by instruction of a foreign intelligence service, to be used
against the self-government of the Republic of Armenia, its territorial
inviolability or external security, if this action was committed by a foreign
citizen or a stateless person, is punished with imprisonment for the term of 8
to 15 years.
Article
303. Sabotage.
Destruction
and damage of enterprises, facilities, roads, means of communication and
transportation, mass poisoning, human or animal epidemics in order to weaken
the security and defense of the Republic of Armenia, by means of explosion,
arson or other actions, is punished with imprisonment for the term of 10 to 15
years.
Article
304. Wrecking.
The
act or inaction aimed at the deterioration of industry, transportation,
agriculture, financial system, trade or other branches of economy,
organizations and state bodies, in order to weaken the state, if this act was
committed by means of organizations or by hindrance to their regular
activities, is punished with imprisonment for 8-15 years with or without
property confiscation.
Article
305. Assassination of a state, political or public figure.
Assassination
of a state, political or public figure, committed in order to terminate the
activities of the latter, is punished with imprisonment for 10-15 years, or for
life.
Article
306. Divulging a state secret.
1.
Willful publicizing of a
state secret by the person who was entitled to access to state secrets and who was entrusted with
secrets, or learnt due to service, if elements of high treason are absent, is
punished with arrest for the term of 2-3 months, or with imprisonment for the
term of up to 4 years, with or without deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
2.
The same action committed
negligently, is punished with arrest for up to 2 months, imprisonment for the term of up to 2
years, with deprivation of the right to
hold certain posts or practice certain activities for up to 3 years.
3.
The acts envisaged in part 1
or 2 of this Article, that negligently caused grave consequences, are punished
with imprisonment for 3-7 years, with deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
Article
307. Breach of rules for handling documents containing state secrets or
computer data.
1.
Breach of rules for handling documents containing state secrets or computer data,
as well as, other items containing state secrets, by the person who must
observe these rules, if this negligently caused the loss of these documents or
items or computer data,
is
punished with correctional labor for the term of up to 1 year, or with arrest
for the term of up to 2 months, or imprisonment for the term of up to 1 year,
with or without deprivation of the right
to hold certain posts or practice certain activities for up to 2 years.
2.
The same act which negligently caused grave consequences,
is
punished with correctional labor for the term of up to 2 years, or with arrest
for 2-3 months, or imprisonment for the
term of up to 3 years, with deprivation of
the right to hold certain posts or practice certain activities for up to
3 years.
Chapter
29.
Crimes
against state service.
Article
308. Abuse of official authority.
1.
Abuse of official authority
or duties by a state official for mercenary interests, personal, other
interests or group interests, which caused essential damage to the legal interests
of citizens, organizations, public or state rights (in case of property loss,
the amount (value) exceeding 500 minimal salaries), is punished with a fine in
the amount of 200 to 300 minimal salaries, or with deprivation of the right to hold certain posts or practice
certain activities for up to 5 years, or with arrest for the term of 2-3
months, or imprisonment for the term of up to 4 years.
2.
The same action which
negligently caused grave consequences,
is punished with imprisonment for
2-6 years, with deprivation of the right
to hold certain posts or practice certain activities for up to 3 years.
3.
The following public servants are considered state officials in this Chapter:
1)
persons performing the
functions of a representative of the authorities, permanently, temporarily or
by special authorization;
2)
persons, permanently,
temporarily or by special authorization, performing organizational,
disciplinary and administrative functions in state bodies, local
self-government bodies, organizations thereof, as well as, in the army of the
Republic of Armenia, or other forces of the Republic of Armenia.
Article
309. Exceeding official authorities.
1.
Actions willfully committed
by an official which obviously exceed his authorities and caused essential
damage to the rights of citizens, organizations, state or legal interests (in
case of property loss, the amount (value) exceeding 500 minimal salaries), are
punished with a fine in the amount of 300 to 500 minimal salaries, or with
deprivation of the right to hold certain
posts or practice certain activities for up to 5 years, or with arrest for the
term of 2-3 months, or with imprisonment for the term of up to 4 years.
2.
Same actions committed with
violence, weapons, or special measures, are punished with imprisonment for the
term of 2 to 6 years, with deprivation of
the right to hold certain posts or practice certain activities for up to
3 years.
3.
The same act which
negligently caused grave consequences, is punished with imprisonment for the
term of 6 to 10 years, with deprivation of
the right to hold certain posts or practice certain activities for up to
3 years.
Article
310. Illegal participation in entrepreneurial activity.
Participation
of a state official, despite the legal ban, in the founding, management of an
entrepreneurial organization, personally or through proxy, when these actions
involve granting this organization privileges and advantages, is punished with
deprivation of the right to hold certain
posts or practice certain activities for up to 5 years, and a fine in the
amount of 200 to 400 minimal salaries, or with arrest for the term of 1-3
months, or with imprisonment for the term of up to 2 years.
Article
311. Taking bribes.
1.
Taking bribes by a state
official, personally or through a proxy, in the form of money, property right,
securities or other property benefits, for implementation or not implementation
of actions within his authority, in favor of the briber or briber’s
representative, by using official position, to commit or not to commit such
actions for permission, service favoring or connivance, is punished with a fine
in the amount of 300 to 500 minimal salaries, or with imprisonment for the term
of up to 5 years, with deprivation of
the right to hold certain posts or practice certain activities for up to
3 years.
2.
Receipt of a bribe by an
official for implementation or not implementation of obviously illegal actions
within his authority, in favor of the briber or briber’s representative, is
punished with imprisonment for 3-7 years, with deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
3.
The same action committed:
1) by extortion;
2) by a group of officials by prior agreement;
3) in large amount,
4) repeatedly,
is
punished with imprisonment for the term of 4 to 10 years, with or without
property confiscation.
4.
Actions envisaged in parts 1, 2 or 3 of this Article
1) by an organized group;
2) in particularly large amount,
3) by a judge,
is
punished with imprisonment for the term of 7 to 12 years, with or without property
confiscation.
5.
Ac
By
large amount in this Chapter we mean an amount (value) not exceeding 200 to
1000 minimal salaries.
By
particularly large amount in this chapter we mean an amount (value) exceeding
1000 minimal salaries.
Article
312. Giving a bribe.
1.
1. Giving a bribe,
personally or through a proxy, to a state official, in the form of money, property,
property right, securities or other property benefit, so that this state
official performs or does not perform actions in favor of this person or the
ones he represents, within his authority, or by using one’s official position
this person would commit or not commit actions favoring or permitting or
conniving, is punished with a fine in the amount of 100 to 200 minimal
salaries, or correctional labor for 1-2 years, or with arrest for the term of
1-3 months, or with imprisonment for the term of up to 3 years.
2.
Giving a bribe in a large
amount,
is
punished with a fine in the amount of 200 to 400 minimal salaries, or with
imprisonment for the term of up to 5 years.
3.
Giving a bribe,
1) in a particularly large amount;
2) by an organized group,
is
punished with a fine in the amount of 300 to 500 minimal salaries, or with
imprisonment for 3-7 years.
4.
The person who gave a bribe is exempted from criminal liability, if he was
subjected to extortion, or if this person voluntarily informed the law
enforcement bodies about giving the bribe.
Article
313. Bribery mediation.
1.
Bribery mediation, i.e.
promotion of the agreement between the briber and bribe taker or implementation
of previously reached agreement, is punished with a fine in the amount of
100-200 minimal salaries or with arrest for up to 2 months or imprisonment for
up to 3 years.
2.
The same act envisaged in
part 1 of this Article, committed
1)
repeatedly,
2)
by abuse of official
position,
is
punished with a fine in the amount of 200-400 minimal salaries, or arrest for
1-3 months, or imprisonment for 2-5
years.
Article
314. Official forgery.
1.
Entering obviously false
data or records into official documentation, forgery or altering, by a state
official, out of mercenary, personal individual or group interests, as well as,
creation of or providing false documents, is punished with a fine in the amount
of 200 to 400 minimal salaries, or or correctional labor for 1-2 years, or with
arrest for the term of 1-3 months, or with imprisonment for the term of up to 2
years.
2.
The same action committed by
a state executive,
is
punished with a fine in the amount of 300 to 500 minimal salaries, or with
imprisonment for the term of up to 5 years, with deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
Article
315. Official negligence.
1.
Failure to execute one’s
duties properly, or improper implementation of one’s duties, as a result of
negligence or bad faith of a public servant, which inflicted essential damage
to citizens, organizations, public or state interests or legal rights (in case
of property loss, the amount (value) exceeding 1000 minimal salaries), is
punished with a fine in the amount of 300 to 500 minimal salaries, or
correctional labor for 6 months to 1 year, or with arrest for the term of up to
2 months.
2.
The same action which
negligently caused human death or other grave consequences, is punished with
imprisonment for the term of up to 5 years.
Chapter
30. Crimes against procedure of governance.
Article
316. Violence against a representative of authorities.
1.
Violence or threat of
violence, not dangerous for life or health, against a representative of
authorities or close relatives, concerned with performance of his official
duties, as well as hindrance to the representative of authorities in the
execution of duties under law, is punished with a fine in the amount of 300 to
500 minimal salaries, or with imprisonment for the term of up to 5 years.
2.
Resistance to the
representative of the authorities while in the line of duty or forcing him to
perform obviously illegal actions, committed with violence or threat thereof,
is punished with a fine in the amount of 300-500 minimal salaries, or arrest
for up to 2 months, or imprisonment for up to 1 year.
3.
Violence against the persons
mentioned in part 1 or 2 of this Article, which is dangerous for life or
health, is punished with imprisonment for the term of 5 to 10 years.
4.
In this Code, by a representative of authorities we mean, the official of state
and self-government bodies who is vested with the power to command to persons
who are not under his subordination.
Article
317. Willful appropriation of title or authority of an official.
Willful
appropriation of a title or authority of an official, as well as, use of
uniforms or certificate of judicial and law enforcement bodies, accompanied
with committal of a crime,
is
punished with a fine in the amount of 300 to 500 minimal salaries, or
correctional labor for up to 2 years, or with arrest for the term of 1-3
months, or with imprisonment for the term of up to 2 years.
Article
318. Insulting a representative of authorities.
1.
Publicly insulting a
representative of authorities, in relation to the duties carried out by him, is
punished with a fine in the amount of 100 to 200 minimal salaries, or
correctional labor for 6 months to 1 year.
2.
The same act expressed in
public speeches, in publicly demonstrated works, or by mass media,
is
punished with a fine in the amount of 200 to 400 minimal salaries, or with
arrest for the term of 1-3 months, or with imprisonment for the term of up to 2
years.
Article
319. Hindrance to the institutions executing punishment, detention or arrest.
1.
Threat of violence to an
employee of institutions executing punishment, detention or arrest, with the
purpose of hindrance to the regular work of these institutions, is punished
with imprisonment for the term of up to 2 years.
2.
Use of violence which is not
dangerous to life or health, in relation to persons mentioned in part 1 of this
Article, as well as, in relation to persons kept in such institutions, is
punished with imprisonment for the term of 2 to 5 years.
3.
The actions envisaged in
parts 1 or 2 of this Article, committed:
1) with use of violence which is dangerous to life or health, in relation
to persons mentioned in part 1 or 2 of this Article,
2) by an organized group,
is
punished with imprisonment for the term of 5 to 10 years.
Article
320. Illegal use of the Red Cross or Red Crescent symbol.
Illegal
use of the Red Cross or Red Crescent symbol and insignia, as well as, the
illegal use of the name of Red Cross or Red Crescent, is punished with a fine
in the amount of 300 to 500 minimal salaries, or with arrest for 1-3 months, or
with imprisonment for the term of up to 2 years.
Article
321. Damaging communication lines.
Breach
of rules for protection of communication lines, which negligently damaged the
cables of international communication, if this caused disruption of communication,
is
punished with a fine in the amount of 300 to 500 minimal salaries, or with
arrest for the term of up to 2 months.
Article
322. Arrogation.
1.
Arrogation, i.e. arbitrary
(self-willed) execution of one’s actual or perceived authorities by breach of
legally established procedure, which resulted in essential damage to the
citizens’ rights or legally protected interests or large damage to state or
public interests, is punished with a fine in the amount of 300 to 500 minimal
salaries, or correctional labor for 1-2 years, or with arrest for the term of
1-3 months.
2.
The same action committed by
use of violence or threat of violence, is punished with correctional labor for
the term of up to 2 years, or with arrest for 2-3 months, or with imprisonment
for the term of up to 5 years.
Article
323. Theft of state decorations.
Theft
of state decorations,
is
punished with a fine in the amount of 300 to 500 minimal salaries, or with
arrest for the term of up to 3 months.
Article
324. Theft of damage to documents, stamps or seals.
1.
Theft of a citizen’s passport or other important document,
is
punished with a fine in the amount of 200 to 400 minimal salaries, or with
arrest for the term of up to 2 months, or with imprisonment for the term of up
to 1 year.
2. Theft,
destruction, damage or concealing of official documents, stamps or seals which
was committed for mercenary or other personal interests, is punished with a
fine in the amount of 300 to 500 minimal salaries, or with arrest for the term
of 1-3 months, or with imprisonment for the term of up to 2 years.
Article
325. Forgery, sale or use of forged documents, stamps, seals, letter-heads,
vehicle license plates.
1.
Forgery of an official
document which grants rights or exempts from liability, or any other official
document, by the forger or other person for the purpose of using, or selling
such a document or forgery and sale of seals, signs, letter-heads or license
plates for the same purpose, as well as, the use of an obviously forged
document, is punished with a fine in the amount of 200 to 400 minimal salaries,
or correctional labor for the term of up to 1 year, or with imprisonment for
the term of up to 2 years.
2.
The actions envisaged in parts 1 of this Article committed by a group with
prior agreement, is punished with correctional labor for the term of up to 2
years, or with imprisonment for the term of up to 4 years.
Article
326. Sale or purchase of official documents or state decorations.
Sale
or purchase of an official document which grants rights or exempts from
liability, as well as, the letter-heads of such documents, or state
decorations, is punished with a fine in the amount of 300 to 500 minimal
salaries, or correctional labor for the term of up to 1 year, or with
imprisonment for the term of up to 2 years.
Article
327. Evasion from regular military service or training exercises.
1.
Evasion from the regular
military conscription or training exercises, without any legal grounds for
exemption, is punished with a fine in the amount of 300 to 500 minimal
salaries, or with arrest for the term of up to 2 months, or with imprisonment
for the term of up to 2 years.
2.
The same action committed:
1) by inflicting bodily injures to oneself or simulation of illness;
2) by forging documents or by de
is
punished with arrest for the term of 1-3, or with imprisonment for 1 to 5
years.
3.
The action envisaged in part 1 or 3 of this article,
which was committed in conditions of martial law, in war
conditions or during military actions, is punished with imprisonment
from
Article
328. Evasion from labor services or taxes during war time.
Evasion
from mobilization for labor or other services, as well as from taxes, is
punished with arrest for 1-3 months or imprisonment for up to 4 years.
Article
329. Illegal state border crossing.
1.
Crossing the guarded state
border of the
2.
The same act committed by a
group with prior agreement or by an organized group or with violence or threat
thereof, is punished with imprisonment for 3-7 years.
3.
This Article is not extended
to cases when a foreign citizen or stateless person enters the
Article
330. Removal or destruction of a state border mark.
1.
Removal or destruction of a
state border mark for the purpose of illegal change of the border of the
Republic of Armenia, is punished with correctional labor for the term of up to
2 years or imprisonment for up to 3 years.
2.
The same act which willfully
or negligently caused grave circumstances, is punished with imprisonment for
2-5 years.
Article
331. Contempt of state symbols.
Contempt
of the coat of arms of the Republic of Armenia, the national flag of the
Republic of Armenia, the national anthem of the Republic of Armenia, as well as
other state symbols of other states, is punished with correctional labor for up
to 2 years or arrest for 1-3 months, or imprisonment for up to 1 year.
Chapter
31. Crimes against justice.
Article
332. Hindrance to administration of justice and conducting investigation.
1.
Any intervention into the
activities of the court, with the purpose of hindrance to the administration of
justice, is punished with a fine in the amount of 200 to 400 minimal salaries,
or with arrest for the term of 1-3 months, or with imprisonment for the term of
up to 2 years.
2.
Any intervention into the
activities of the prosecutor, investigator or the person in charge of inquiry,
with the purpose of hindrance to the comprehensive, complete and objective
investigation of the case, is punished with a fine in the amount of 100 to 300
minimal salaries, or with arrest for the term of 1-3 months.
3.
The actions envisaged in
part 1 or 2 of this Article, committed by a person by abuse of official
position, are punished with a fine in the amount of 300 to 500 minimal
salaries, or with imprisonment for the term of up to 4 years, with deprivation
of the right to hold certain posts or
practice certain activities for up to 3 years.
Article
333. False crime reporting.
1.
False crime reporting, if
the person consciously provided false information, is punished with a fine in
the amount of 200 to 400 minimal salaries, or correctional labor for 1-2 years,
or with arrest for the term of 1-3 months, or with imprisonment for the term of
up to 2 years.
2.
The same action which
1) was accompanied with accusation of a grave or particularly grave crime;
2) was accompanied with artificial creation of evidence of accusation,
3) for mercenary purposes,
is
punished with imprisonment for the term of up to 5 years.
Article
334. Concealment of crime.
1.
Concealment of a grave or a particularly grave crime, as well as tools and
means of the crime, crime traces or criminally acquired items, which had not
been previously promised, is punished with a fine in the amount of 300 to 500
minimal salaries, or with arrest for the term of 1-3 months, or with
imprisonment for the term of up to 2 years.
2.
The spouse of the person who committed a crime and one’s close relatives are
not subject to criminal liability for concealment of the crime which had not
been previously promised.
Article
335. Failure to report crime.
1.
Failure to report a surely known grave or particularly grave crime, is punished
with a fine in the amount of 300-500 minimal salaries, or arrest for 1-3
months, or imprisonment for up to 2 years.
2.
The spouse of the person who committed a crime and his close relatives are not
subject to criminal liability for the failure to report about the crime.
Article
336. Subjecting an obviously innocent person to criminal liability.
1.
Subjecting a person to
criminal liability for a unconfirmed crime or without factual or sufficient
data about participation of the person in the crime, or elements of crime in
the person’s action, is punished with imprisonment for the term of up to 5
years.
2.
The same action which
negligently caused grave consequences, is punished with imprisonment for the
term of 2 to 6 years.
3.
The same action which
willfully caused grave consequences, is punished with imprisonment for 4-8
years, deprivation of the right to hold
certain posts or practice certain activities for up to 3 years.
4.
The act envisaged in part 1,
2 or 3 of this Article, accompanied with:
1)
accusation of a grave or
particularly grave crime;
2)
forgery of artificial
evidence for accusation,
is
punished with imprisonment for 6-10 years, deprivation of the right to hold certain posts or practice
certain activities for up to 3 years
Article
337. Hindrance to the appearance or testimony of the witness or the aggrieved.
Hindrance
to the appearance or testimony of the witness or the aggrieved person to the
court, to investigation bodies, committed by violence, by threat of violence or
other illegal acts,
is
punished with a fine in the amount of 300 to 500 minimal salaries, or with
arrest for the term of up to 3 months, or with imprisonment for the term of up
to 2 years.
Article
338. Obviously false testimony or obviously false conclusion, or obviously
incorrect translation.
1.
Obviously false testimony of
the witness or the aggrieved person during the preliminary investigation or in
court, or the expert’s obviously false conclusion, as well as, the translator’s
obviously incorrect translation, is punished with a fine in the amount of 100
to 300 minimal salaries, correctional labor for up to 2 years, or with arrest
for the term of up to 3 months.
2.
The same action that:
1) Involved charges of committal of a grave or particularly grave crime;
2) was accompanied with artificial creation of evidence of the prosecution;
3) committed with mercenary purposes,
is
punished with imprisonment for the term of up to 5 years.
3.
In cases envisaged in law, the person who refuses to testify is not subject to
criminal liability, provided he during the preliminary investigation or court
trial, prior to the sentence or ruling of the court, made a voluntarily
statement about the falsehood of his testimony, conclusion or translation.
Article
339. Refusal from testimony.
1.
Refusal from testimony by a witness or the aggrieved person,
is
punished with a fine in the amount of 50 to 100 minimal salaries, or
correctional labor for up to 1 year, or with arrest for the term of up to 2
months.
2. The
person who refuses to testify against one’s spouse or close relative is
exempted from criminal liability.
Article
340. Bribing or forcing to make a false testimony, or false conclusion, or
incorrect translation.
1.
Bribing the witness or the
aggrieved, as well as the translator, with the purpose of false testimony, or
false conclusion, or incorrect translation, is punished with a fine in the
amount of 200 to 400 minimal salaries, or correctional labor for up to 2 years,
or with arrest for the term of up to 2 months.
2.
Forcing the witness or the
aggrieved person to make a false testimony, the expert, to false conclusion, or
the translator, to false translation, as well as, forcing to evade testimony,
which was accompanied with blackmail, threat, inflicting damage to health,
threat to destroy property, is punished with a fine in the amount of 300 to 500
minimal salaries, or with arrest for the term of 1-3 months, or with
imprisonment for the term of up to 3 years.
3.
The actions envisaged in
parts 1 or 2 of this Article committed with violence not dangerous for the
health of mentioned persons, is punished with imprisonment for the term of up
to 5 years.
4.
The actions envisaged in
parts 1, 2 or 3 of this Article committed:
1) by an organized group;
2)
with violence dangerous for the health of mentioned persons, is punished with
imprisonment for the term of 3 to 7 years.
Article
341. Forcing testimony by the judge, by the prosecutor, by the investigator or
by the person in charge of inquiry.
1.
Forcing the suspect, the
accused, the defendant, the aggrieved, the witness or the expert, or the
translator, by the judge, the prosecutor, the investigator or person in charge
of inquiry, by using extortion or any other illegal action, to make a false
testimony, conclusion or translation, is punished with deprivation of the right
to hold certain posts or practice certain activities for up to 5 years, or with
arrest for the term of up to 3 months, or with imprisonment for the term of up
to 2 years.
2.
The same action committed by
the persons mentioned in part 1 by using torture, insult or other violence, are
punished with imprisonment for the term of 3 to 8 years, with or without
deprivation of the right to hold certain
posts or practice certain activities for up to 3 years.
3.
The actions envisaged in
parts 1 or 2 of this Article, which caused grave consequences, are punished
with imprisonment for the term of 6 to 12 years, with deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
Article
342. Divulging the data of inquiry or investigation.
Divulging
the data of inquiry or investigation without permission of the prosecutor,
investigator or the person in charge of inquiry, is punished with a fine in the
amount of 100-300 minimal salaries, or correctional labor for up to 2 years, or
arrest for up to 1 month.
Article
343. Contemptuous treatment of court.
1.
Contemptuous treatment of
court which was expressed in insulting the participants of the trial, is
punished with a fine in the amount of 100 to 300 minimal salaries, or with
arrest for 1-2 months.
2.
The same action expressed in the insult of the judge with respect to the
execution of official duties of the latter, is punished with a fine in the
amount of 200 to 500 minimal salaries, or correctional labor for 1-2 years, or
with arrest for 2-3 months.
Article
344. Slandering the judge, the prosecutor, the investigator or the person in
charge of inquiry, marshal of the court.
1.
Slandering the prosecutor,
the investigator or the person in charge of inquiry, marshal of the court, in
relation to the preliminary investigation, the court sentence, the verdict or
execution of another court act, is punished with a fine in the amount of 100 to
300 minimal salaries, or correctional labor for 1-2 years, or with arrest for
the term of 1-3 months, or imprisonment for up to 2 years.
2.
The same action committed in relation to a judge concerning the trial of
the case or its materials in court, is punished with a fine in the amount of
300 to 500 minimal salaries, or correctional labor for up to 2 years, or with
arrest for the term of 1-3 months, or with imprisonment for the term of up to 3
years.
3.
The actions envisaged in parts 1 or 2 of this Article, which were
accompanied with accusing a person of a grave or particularly grave crime, is
punished with imprisonment for the term of up to 4 years.
Article
345. Illegal treatment of property under arrest or forfeiture.
1.
Abuse, alienation,
concealment or illegal transfer to another person of property under arrest or
forfeiture by the person who was in charge of this property, as well as banking
transactions by an employee of a financial institution using arrested funds
(deposits), is punished with a fine in the amount of 200-400 minimal salaries,
or arrest for 1-3 months, or imprisonment for up 2 years.
2.
Concealment or sale of
property subject to forfeiture, as well as other evasion from the execution of
the effective court ruling on the forfeiture of the property, is punished with
a fine in the amount of 300-500 minimal salaries, or imprisonment for up 3
years, and a fine in the amount of 50 minimal salaries.
Article
346. Willful failure by a personal guarantor to implement one’s obligations.
Willful
failure by a personal guarantor to implement one’s obligations as a result of
which the suspect or the accused evaded from investigation or trial, is
punished with a fine in the amount of 300-500 minimal salaries, or correctional
labor for up to 2 years, or imprisonment for up to 2 years.
Article
347. Threat or violence in relation to preliminary investigation or
administration of justice.
1.
Threat to murder a judge or his close relatives, to inflict damage to
health, destroy or damage property, concerned with the trial of the case or
material in court, is punished with a fine in the amount of 300 to 500 minimal
salaries, or with imprisonment for the term of up to 3 years.
2.
The same action committed against a prosecutor, an investigator, person
in charge of inquiry, defense lawyer, expert, court marshal or their relatives,
concerning the preliminary investigation, the trial of the case or material in
court, the sentence, verdict or other act, is punished with a fine in the
amount of 200 to 400 minimal salaries, or with arrest for the term of 3 to 6
months, or with imprisonment for the term of up to 2 years.
3.
The action envisaged in parts 1
or 2 of this Article, committed with violence not dangerous for life or health,
is punished with imprisonment for the term of up to 5 years.
4.
The action envisaged in parts 1, 2 or 3 of this Article, committed with
violence dangerous for life or health, is punished with imprisonment for the
term of 5 to 10 years.
Article
348. Obviously illegal detention or arrest.
1.
Obviously illegal detention,
is punished with arrest for the term of 2-3 months, or with imprisonment for
the term of up to 2 years, or with deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
2.
Obviously illegal arrest, or
keeping under obviously illegal arrest, is punished with imprisonment for the
term of up to 4 years, with deprivation of
the right to hold certain posts or practice certain activities for up to
3 years.
3.
Actions envisaged in parts 1
or 2 of this Article, which negligently caused grave consequences are punished
with imprisonment for the term of 3 to 8 years, with deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
Article
349. Forgery of evidence.
1.
Forgery of evidence by a
person or his representative participating in a civil case, is punished with a
fine in the amount of 300 to 500 minimal salaries, or correctional labor for
1-2 years, or with arrest for the term of 1-2 months.
2.
Forgery of evidence by a
person in charge of inquiry, the investigator, the prosecutor or defense lawyer
in a criminal case, is punished with imprisonment for the term of up to 3
years, with or without deprivation of
the right to hold certain posts or practice certain activities for up to
3 years.
3.
Forgery of evidence in a criminal case by
persons mentioned in parts 1 or 2 of this Article, which was:
1) committed concerning cases with grave or particularly grave crimes;
2) negligently caused grave consequences,
is
punished with imprisonment for the term of 3 to 7 years, with or without
deprivation of the right to hold certain
posts or practice certain activities for up to 3 years.
Article
350. Entrapment for bribe or commercial bribe.
Entrapment
for bribe or commercial bribe, i.e. to create artificial evidence or to
blackmail an official or an executive or a manager of a commercial or other
organization, an attempt to impose on them money, securities, other property or
property services, is punished with a fine in the amount of 300-500 minimal
salaries, or imprisonment for up to 5 years, with or without deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
Article
351. Illegal exemption from criminal liability.
Illegal
exemption of a suspect or accused from criminal liability by the judge,
investigator or person in charge of inquiry, is punished with imprisonment for
the term of 2 to 7 years, with deprivation of
the right to hold certain posts or practice certain activities for up to
3 years.
.
Article
352. Adoption of an obviously unjust court sentence, verdict or other court
act.
1.
Adoption of an obviously
unjust court sentence, verdict or other court act by the judge for mercenary
purposes or for other personal motives, is punished with a fine in the amount
of 300 to 500 minimal salaries, with deprivation of the right to hold certain posts or practice
certain activities for up to 5 years, or with imprisonment for the term of up
to 3 years.
2.
The same action which
negligently caused grave consequences, is punished with imprisonment for the
term of 2 to 4 years, with or without deprivation of the right to hold certain posts or practice
certain activities for up to 3 years.
3.
The same action which
willfully caused grave consequences, is punished with imprisonment for the term
of 3 to 7 years, with or without deprivation of
the right to hold certain posts or practice certain activities for up to
3 years.
Article
353. Failure to carry out a court act.
Willful
failure by an official to carry out an effective court sentence, verdict or
other court act, or hindrance to their implementation, is punished with a fine
in the amount of 300 to 500 minimal salaries, or with arrest for the term of
1-3 months, or with imprisonment for the term of up to 2 years.
Article
354. Evasion from serving a sentence in the form of imprisonment.
Evasion
by the convict from serving the imprisonment after expiration of the short-term
departure from the place of imprisonment, allowed to the convict for a short
period, or evasion after postponement due to suspended execution of the
sentence, is punished with imprisonment for the term of up to 2 years.
Article
355. Escape from the place of imprisonment, arrest or custody.
1.
Escape from the place of
imprisonment or arrest or custody, is punished with imprisonment for the term
of up to 3 years.
2.
The same action, if
committed:
1) by a group of persons;
2) by using violence dangerous for the life or health of another person;
3) by using weapons or other items as weapons, are punished with
imprisonment for the term of up to 8 years.
3.
The escaped person is exempted from criminal liability if the criminal
proceedings were terminated or acquittal was made in the case for which the
person was sentenced to imprisonment, arrest or custody.
Section
12. Crimes against military service.
Chapter
32. Crimes against military service.
Article
356. Failure to carry out an order.
1.
Failure by a subordinate to
carry out a properly given legitimate order, which caused essential damage to
the interests of service, is punished with arrest for the term of up to 3
months, or with disciplinary battalion for the term of up to 2 years, or with
imprisonment for the term of up to 2 years.
2.
The same action committed by
a group, or that caused grave consequences, is punished with imprisonment for
the term of up to 5 years.
3.
The actions envisaged in
parts 1 or 2 of this Article, committed during martial law, in war conditions
or military actions, are punished with imprisonment for the term of up
4.
Failure to carry out an
order as a result negligence or bad faith, which caused grave consequences, is
punished with arrest for the term of up to 3 months, or with disciplinary
battalion for the term of up to 1 year, or with imprisonment for the term of up
to 1 year.
5.
The subjects of the crimes against military service in this Chapter are the
persons who serve in the armed forces of the
Article
357. Resistance to commander or forcing him to breach his service duties.
1.
Resistance to commander, as
well as, to another person who performs his military duties, or forcing him to
breach his service duties, which was accompanied with violence or with a threat
of violence, is punished with disciplinary battalion for the term of up to 2
years, or with imprisonment for the term of up to 3 years.
2.
The same actions committed:
1) by a group of persons;
2) by using weapons;
3)
causing grave or medium-gravity damage to health, or other grave
consequences,
are
punished with imprisonment for the term of 2 to 8 years.
3.
Actions envisaged in parts 1 or 2 of this Article committed in conditions of
martial law, in war conditions or during military actions, are punished with
imprisonment for the term of 7 to 13 years.
Article
358. Violence against the commander.
1.
Battery or other violent
actions against the commander related to the performance of his military
duties, is punished with disciplinary battalion for the term of up to 2 years,
or with imprisonment for the term of up to 5 years.
2.
The same actions committed:
1) by a group of persons;
2) by using weapons;
3)
causing grave or medium-gravity to health, or other grave consequences,
is
punished with imprisonment for the term of 3 to 12 years.
3.
Actions envisaged in parts 1 or 2 of this Article committed in conditions of
martial law, in war conditions or during military actions, are punished with
imprisonment for the term of 7 to 13 years.
Article
359. Breach of relations, prescribed by field manuals, between not subordinated
servicemen.
1.
1. Breach of relations,
prescribed by field manuals, between servicemen not subordinated to each other,
expressed in humiliation of the person’s honor and self-esteem, persecution or
violence, is punished with arrest for the term of up to 3 months, or with
disciplinary battalion for the term of up to 2 years, or with imprisonment for
the term of up to 3 years.
2.
The same action
1) committed against two or more persons;
2) by a group of persons;
3) by using weapons or other items used for inflicting bodily injuries;
4)
causing medium-gravity to health,
is
punished with imprisonment for the term of up to 5 years.
3.
Actions envisaged in parts 1
or 2 of this Article which caused grave consequences, are punished with
imprisonment for 4-8 years.
4.
Actions envisaged in parts
1, 2 or 3 of this Article which were committed in conditions of martial law, in
war conditions or during military actions,:
are
punished with imprisonment for 5-10 years.
Article
360. Insulting a serviceman.
1.
Insulting a serviceman, i.e.
humiliation of honor or self-esteem concerned with the implementation of one’s
service duties, by another serviceman, is punished with arrest for the term of
up to 2 months, or with disciplinary battalion for the term of up to 6 months.
2.
The same action committed by
a subordinate to a commander, as well as, by a commander to a subordinate,
concerned with implementation of one’s service duties, is punished with arrest
for the term of up to 3 months, or with disciplinary battalion for the term of
up to 1 year, or with imprisonment for the term of up to 1 year.
Article
361. Absence without leave from the military unit or place of service.
1.
Abandoning the military unit or place of service without leave by a conscript
or contract serviceman, as well as, failure to appear on time after leave,
vacation, business trip, medical treatment, later than 3 days after expiration
of deadline, but not longer than 1 month, as well as three times for the
duration of 1-3 days within 3 months,
is
punished with arrest for the term of up to 3 months, or with disciplinary
battalion for the term of up to 1 year.
2.
The same actions committed
by servicemen serving a sentence in a disciplinary battalion, are punished with
imprisonment for the term of up to 1 year.
3.
Actions envisaged in part 1
of this Article, if committed by an officer or warrant-officer, are punished
with arrest for the term of 1-3 months, or with imprisonment for the term of up
to 2 years.
4.
Actions envisaged in parts
1, 2 or 3 of this Article, if the absence without leave lasted longer than 1 month, but for the
purpose of temporary evasion from military service, are punished with
imprisonment for the term of up to 3 years.
5.
Actions envisaged in parts
1, 2, 3 or 4 of this Article committed by a group of people with prior
agreement, are punished with imprisonment for the term of 2 to 5 years.
6.
Actions envisaged in parts
1, 2, 3 or 4 of this Article committed in conditions of martial law, in war
conditions or during military actions, are punished with imprisonment for the
term of 3 to 8 years.
7.
The servicemen who committed the actions envisaged in parts 1, 2, 3 or 4 of
this Article for the first time can be exempted from criminal liability, if
they were committed under dire circumstances or are exempted from criminal
liability if within 3 days after absence they surrendered to their military
unit, law enforcement body or other state body.
Article
362. Desertion.
1.
Desertion, i.e. willful
abandonment of the military unit or place of service for the purpose of total
evasion from military service, as well as, failure to report for service for
the same reasons, is punished with imprisonment for the term of up to 5 years.
2.
Desertion committed with the
granted service weapon, or by prior agreement of a group of persons, is
punished with imprisonment for the term of 3 to 8 years.
3.
Desertion committed during
martial law, during war or military actions, imprisonment for the term of 5 to
12 years.
4.
The servicemen who committed the actions envisaged in parts 1 or 2 of this
Article for the first time can be exempted from criminal liability, if these
actions were committed under dire circumstances, as well as, if within 3 days
after absence from service they surrendered to the military unit, place of
service or to the law enforcement bodies or other state body.
Article
363. Evasion from military service by maiming or feigned disease.
1.
Evasion from military
service by a serviceman through maiming, feigned disease, forgery of documents
or other fraud, is punished with arrest for the term of up to 3 months, or with up to 2 years in disciplinary
battalion.
2.
The same action committed
with the purpose of total exemption from military service, is punished with
imprisonment for the term of up to 5 years.
3.
The action envisaged in
parts 1 or 2 of this Article committed under martial law, during war or
military actions, is punished with imprisonment for the term of 5 to 10 years.
Article
364. Refusal from performing one’s military duties.
1.
Refusal by a serviceman from
performing one’s military service or some duties thereof, if this was
accompanied with their actual disruption, is punished with arrest for the term
of up to 3 months, or with disciplinary battalion for the term of up to 2
years, or imprisonment for up to 2 years.
2.
The same action committed by
a group, is punished with imprisonment for the term of 1 to 5 years.
3.
The action envisaged in
parts 1 or 2 of this Article committed under martial law, during war or
military actions, is punished with imprisonment for the term of 5 to 10 years.
Article
365. Violation of combat duty regulations.
1.
Violation of combat duty or
combat service rules for prevention of a surprise attack on the
2.
The same action committed in
breach of combat duty regulations as a result of negligence or bad faith and
caused grave consequences, is punished with disciplinary battalion for up to 2
years, or imprisonment for the term of 2 to 7 years.
3.
The action envisaged in
parts 1, 2 or 3 of this Article committed under martial law, during war or
military actions, is punished with imprisonment for the term of 4 to 10 years.
Article
366. Breach of border-guarding regulations.
1.
Breach of border-guarding
regulations by a member of border-guarding duty detail or other person
performing duties in border guarding troops, if this action caused or could
cause damage to the interests of state security, is punished with disciplinary
battalion for the term of up to 2 years, or with imprisonment for the term of
up to 2 years.
2.
The same action, committed
against the regulations of border guarding service, due to negligence or bad
faith, and negligently caused grave consequences, is punished with disciplinary
battalion for up to 1 years, or imprisonment for the term of up to 1 year.
3.
The action envisaged in
parts 1 or 2 of this Article committed under martial law, during war or
military actions, is punished with imprisonment for the term of 4 to 10 years.
Article
367. Breach of guarding or patrolling regulations.
1.
Breach of guarding or
patrolling regulations by a member of the guard or patrol group, if this action
caused dangerous consequences which should have been prevented by the guard or
patrol, is punished with disciplinary battalion for the term of up to 2 years,
or with imprisonment for the term of up to 2 years.
2.
The same action which caused
grave consequences due to the breach of guarding or patrolling regulations,
negligently or in bad faith, is punished with arrest of 1 to 3 months disciplinary
battalion for up to 1 year, or imprisonment for the term of up to 1 year.
3.
The action envisaged in
parts 1 or 2 of this Article committed under martial law, during war or
military actions, is punished with imprisonment for the term of 3 to 8 years.
Article
368. Breach of internal service regulations.
1.
Breach of internal service
regulations by a person who is part of daily duty detail of the military unit
(ex
2.
The same action which was
committed as a result of negligent or careless attitude towards the rules of
internal service regulations and which caused grave consequences ,
is
punished with disciplinary battalion for
the term of up to 1 year, or with imprisonment for the term of up to 1 year.
3.
The same act committed under
martial law, during war or military actions, is punished with imprisonment for
the term of up to 6 years.
Article
369. Willful destruction or damage of military property.
1.
Willful destruction or
damage of weapons, ammunition, military equipment or other military property,
is punished with a fine in the amount of up to 200 minimal salaries, or with
disciplinary battalion for the term of up to 1 year, or with imprisonment for
the term of up to 3 years.
2.
The same action which caused
grave consequences, is punished with a fine in the amount of up to 300 minimal
salaries, or with disciplinary battalion for the term of up to 2 years, or with
imprisonment for 3-8 years.
3.
The action envisaged in
parts 1 or 2 of this Article committed under martial law, during war or
military actions, is punished with imprisonment for 6-12 years.
Article
370. Destruction or damage to military property by negligence.
Negligent
destruction or damage of weapons, ammunition, military equipment or other
military property, which caused grave consequences is punished with a fine in
the amount of up to 200 minimal salaries, or with disciplinary battalion for
the term of up to 1 year, or with imprisonment for the term of up to 2 years.
Article
371. Embezzlement of military property.
1.
Embezzlement of military
property, i.e. sale by a serviceman of one’s personal items, uniform or other
military property, is punished with a fine in the amount of up to 200 minimal
salaries, or with disciplinary battalion for the term of up to 1 year, or with
imprisonment for the term of up to 2 years.
2.
Embezzlement of weapons or
ammunition, is punished with disciplinary battalion for up to 2 years, or
imprisonment for up to 5 years.
3.
The same action committed
under martial law, during war or military actions, is punished with
imprisonment for 3 to 8 years.
Article
372. Loss or spoilage of military property.
1.
Loss or spoilage by a
serviceman of personal items, uniform, weapons, ammunition or other military
property, committed by breach of safekeeping rules, is punished with a fine in
the amount of up to 100 minimal salaries, or with disciplinary battalion for
the term of up to 2 years.
2.
The same action committed
under martial law, during war or military actions, is punished with
imprisonment for the term of up to 3 years.
Article
373. Breach of rules for handling weapons, ammunition and items dangerous for
others.
1.
Breach of rules for handling
weapons, ammunition and radioactive materials, explosives and other items and
devices dangerous for the environment, which negligently caused minor or
medium-gravity damage to human health, is punished with disciplinary battalion
for the term of up to 1 year, or with imprisonment for up to 2 years.
2.
The same action committed
negligently which caused grave damage to human health, or caused destruction of
military equipment or other grave consequences, is punished with disciplinary
battalion for up to 2 years, or with imprisonment for the term of up to 4
years.
3.
The same action envisaged in
parts 1 of this Article which negligently caused the human death, is punished
with imprisonment for 3 to 7 years.
4.
The same action envisaged in
parts 1 or 2 of this Article which negligently caused the death of two or more
persons, is punished with imprisonment for 4-10 years.
Article
374. Handing over weapons, ammunition, other military property, as well as
materials or items dangerous for the environment to others.
Handing
over weapons, ammunition, other military property, radioactive materials,
explosives as well as materials or items dangerous for the environment to
others, in breach of the established procedure, if the actions committed by the
recipient caused human casualties or other grave consequences, is punished with
disciplinary battalion for the term of up to 2 years, or with imprisonment for
the term of up to 3 years.
Article
375. Abuse of power, transgression of authority or administrative dereliction.
1.
Abuse of power,
transgression of authority or administrative dereliction, if these acts were
committed for mercenary or group-interest motives, by a commander or official,
and if these inflicted essential damage, is punished with imprisonment for 2-5
years.
2.
The same acts which
negligently caused grave consequences, are punished with imprisonment for 3-8
years.
3.
The acts envisaged in parts
1 or 2 of this Article, committed under martial law, during war or military
actions, is punished with imprisonment for 7 to 13 years.
Article
376. Negligent service.
1.
Negligent attitude to
service by a commander or official, which caused essential damage, is punished
with disciplinary battalion for up to 2 years, or imprisonment for up to 3
years.
2.
The same acts, if they
negligently caused grave consequences are punished with imprisonment for 3-6 years.
3.
The acts envisaged in parts
1 or 2 of this Article, committed under martial law, during war or military
actions, is punished with imprisonment for 4 to 8 years.
Article
377. Breach of rules for driving or operating vehicles.
1.
Breach of rules for driving
or operating combat, special or transportation vehicles, which negligently
caused medium-gravity or grave damage to human health or other severe
consequences, is punished with arrest for up to 3 months, or with disciplinary
battalion for the term of up to 1 year, or with imprisonment for the term of up
to 1 year, with or without deprivation of
the right to hold certain posts or practice certain activities for up to
2 years.
2.
The same action which
negligently caused human death, is punished with imprisonment for the term of
up to 5 years, with or without deprivation of
the right to hold certain posts or practice certain activities for up to
3 years.
3.
Actions envisaged in part 1
or 2 of this Article which negligently caused the death of two or more persons,
are punished with imprisonment for 4-10 years.
Article
378. Breach of rules for flights or their preparation.
1.
Breach of rules for flights
of military aircraft, their preparation or operation which caused human death
or other grave consequences, is punished with imprisonment for the term of 2 to
6 years.
2.
The acts envisaged in part 1
of this Article, which negligently caused the death of two or more persons, is
punished with imprisonment for 4-10 years.
Article
379. Abandonment or hand-over of weapons and ammunition to the enemy.
Hand-over
or leaving to the enemy of weapons and ammunition by the commander, as well as,
abandonment of fortifications, military equipment or other military hardware to
the enemy not caused by combat situation, in the absence of elements of high
treason, is punished with imprisonment for the term of 10 to 15 years.
Article
380. Willful abandonment of battle field or refusal to use weapons.
Article
381. Voluntary surrender.
Voluntary
surrender due to cowardice is punished with imprisonment for the term of 8 to
15 years.
Article
382. Criminal actions of a POW.
1.
Voluntary participation of a
POW in work of military significance or other activities which obviously can
inflict damage to the
2.
Using violence against other
POWs or cruel treatment of POWs by their monitor POW, is punished with
imprisonment for the term of 2 to 8 years.
3.
Committal by a POW of
actions with mercenary purposes or to win good disposition of the enemy which
is detrimental to other POWs, is punished with imprisonment for the term of up
to 2 years.
Article
383. Plunder.
Theft of items from the dead and wounded in the battlefield is punished with imprisonment for the term of 2 to 8 years.
Section
13. Crimes against peace and human security
Chapter
33. Crimes against peace and human security
Article 384. Aggressive war.
1.
Planning or preparing an aggressive war is punished
with imprisonment for the term from 5 to 10 years.
2.
Starting or conducting an aggressive war is punished
with imprisonment for the term from 8 to 15 years.
Article 385. Public calls for aggressive war.
1.
Public calls for starting an aggressive war are
punished with a fine from 100-fold minimal salaries to 100-200 minimal
salaries, or with imprisonment for the term of up to 3 years.
2.
The same actions which were implemented by mass
media or by the highest state authority, are punished with a fine from 300-500
minimal salaries, or with imprisonment for the term of 2 to 5 years, by
deprivation of the right to hold certain
posts or practice certain activities for up to 3 years.
3.
By the
highest state authority in this Article, we mean
the President of the
Article 386. Manufacture or
proliferation of mass destruction weapons.
Creation, production, acquisition or
realization of chemical, biological or other types of weapons prohibited by
international agreements, transfer of raw materials
or fissionable materials to a country that does not possess
nuclear weapons, providing anyone with mass destruction weapons prohibited in
international agreements or components necessary for its production, is
punished with imprisonment for the term from 4 to 8 years.
Article 387. Application of
prohibited methods of war.
1.
Application of methods
prohibited by international agreements in military actions or armed conflicts,
is punished with imprisonment for the term of up to 15 years.
2.
Application or
testing of
mass destruction weapons prohibited in international agreements is punished
with imprisonment from 10 to 15 years, or to life.
Article 388. Terrorism against the representative of a foreign country or
international organization.
1.
Assault on the representative of foreign states or
international organizations, or kidnapping, or deprivation of freedom, if these
actions were committed with the purpose of provoking war, or complication of
international relations, is punished with imprisonment for the term of 5 to 12
years.
2.
The murder of the representative
of foreign states or international organizations, if this action was
committed with the purpose of provoking war, or complication of international
relations, is punished with imprisonment for the term of 10 to
15 years or for life.
Article
389. International terrorism
International
terrorism, i.e., organization or implementation of an explosion or arson or
other acts in the territory of a foreign sate, with the purpose of
international complications or provocation of war or destabilization of a
foreign state, aimed at the destruction of people, or bodily injuries,
destruction or spoilage of facilities, roads and means of transportation,
communications, or other assets, is punished with imprisonment for 10-15 years,
or for life.
Article
390. Serious breach of international humanitarian law during armed conflicts.
1.
The following serious violations of international humanitarian norms during
armed conflict against persons not immediately engaged in military actions or
defenseless persons, the injured, ill, medical personnel or clergy, sanitary
units or sanitary means of transportation, POWs, civilians, civil population,
refugees, protected persons or other protected persons during military actions:
1)
murder,
2)
torture and inhuman
treatment, including biological experiments;
3)
willfully inflicted serious
sufferance or other actions threatening man’s physical or mental state,
is
punished with imprisonment for 8-15 years, or for life.
2.
The committal of the following acts seriously violating international norms
with respect to persons and facilities mentioned in part 1 of this Article:
1)
inflicting damage to health,
2)
forcing a protected person
or POW to serve in the opponent army,
3)
deprivation of a protected
person or POW from impartial court trial,
4)
illegal deportation, removal
and arrest of a protected person, or deprivation of freedom otherwise,
5)
taking hostages,
6)
illegal, willful destruction
or realization of property not caused by military necessity,
is
punished with imprisonment for 5-12 years.
3.
The following acts seriously breaching international humanitarian norms,
causing grave damage to human physical or mental state during armed conflicts:
1)
assault on civilian
population or individual civilians;
2)
not selective assault which
inflicts damage to the civilian population or civilian facilities, if it is
obvious that such assault will cause large losses amongst civilians or
extremely large losses to civilian facilities, if such damages are redundant
for the achievement of specific and immediate military supremacy;
3)
assault on facilities and
equipment containing hazardous forces, if it is obvious that the assault will
cause extremely large damage to civilian facilities, if such damages are
redundant for the achievement of specific and immediate military supremacy;
4)
targeting unprotected areas
and demilitarized zones,
5)
assault on a person who,
obviously for the perpetrator, ceased immediate participation in military
actions,
is
punished with imprisonment for 10-15 years, of for life.
4.
The following acts seriously breaching the norms of international humanitarian
law during armed conflicts:
1)
re-population by the
aggressor state of part of one’s own population in the occupied territories, or
depopulation of the whole population or part thereof in the occupied territory,
or movement within the occupied territory or beyond its boundaries,
2)
unjustified delay in the
repatriation of POWs or civilians,
3)
humiliation of a person’s
self-esteem, based on apartheid or racial discrimination, application of
inhuman and other humiliating practices,
4)
targeting specially
protected, clearly marked, cultural, spiritual and historical monuments, works
of art, ceremonial places, and inflicting large damage to the latter as a
result of assault, if these facilities are not in near proximity from military
objectives and if there is no information attesting to the use of these
historical monuments, works of art, ceremonial places by the enemy for military
purposes,
is
punished with imprisonment for 8-12 years,
5.
During armed conflicts, medical intervention not necessitated by the health
condition of the persons under jurisdiction of the enemy, arrested or otherwise
detained, and detrimental for the physical or mental condition of the latter
violating universally recognized medical norms, particularly, even with consent
of these persons, inflicting physical injuries to people, subjecting them to
medical or scientific experiments, harvesting parts of body or tissues for
transplantation,
is
punished with imprisonment for 8-12 years.
6.
Other violations of the norms of international humanitarian law, agreements
envisaged by international agreements during armed conflicts:
is
punished with imprisonment for up to 5 years.
Article
391. Inaction or making an illegal command during armed conflict.
1.
During armed conflict,
failure to take all possible measures by the commander or official, within the
authority of the latter, to prevent crimes under Articles 387, 390 by the
subordinates, if the commander knew or had information, which in the given
situation should have helped him to conclude that the subordinate is committing
or tends to commit an offence, and if within his authority, he did not take all
possible measures to prohibit or to prevent this violation,
is
punished with imprisonment for 5-10 years.
2. The
same action which was committed recklessly,
is punished with imprisonment for 2-5 years.
3.
During armed conflict, an order by the commander or official to the subordinate
not spare anybody’s life or other obviously criminal order, aimed at the
committal of crimes envisaged in Articles 387, 390,
is
punished with imprisonment for 5-15 years.
Article
392. Crimes against human security.
Deportation,
illegal arrest, enslavement, mass and regular execution without trial,
kidnapping followed by disappearance, torture or cruel treatment of civilians,
due to racial, national, ethnic identity, political views and religion,
is
punished with imprisonment for 7-15 years or for life.
Article
393. Genocide.
The actions aimed at the complete or partial extermination of national, ethnic, racial or religious groups by means of killing
the members of this group, inflicting severe damage to their health, violently
preventing them from childbearing, enforced hand-over of children, violent
re-population, or physical elimination of the members of this group, are
punished with imprisonment for the term of 13 to 15 years or with life
sentence.
Article 394. Ecocide.
Mass destruction of flora or fauna, poisoning
the environment, the soils or water resources, as well as implementation of
other actions causing an ecological catastrophe, is punished with imprisonment
for the term of 10 to 15 years.
Article 395. Mercenaries.
1.
Recruitment of mercenaries, mercenary training,
financing or supporting them materially
in any other way, as well as using them in armed conflicts or military
actions, is punished with imprisonment for the term of 5 to 10 years.
2.
The act envisaged in part 1 of
this Article committed
1)
by abuse of official
position;
2)
involvement of obvious
minors,
is punished with
imprisonment for 7-12 years.
3. The participation of a mercenary in armed conflicts or military
actions
is punished with
imprisonment for 3-7 years.
4. A mercenary is a
specially recruited person who acts in order to receive
financial compensation and is not a citizen of the state participating in the
armed conflicts or military actions, does not permanently reside in its
territory, is not a member of the armed forces of the state participating in
the armed conflicts or military actions, and is not sent by another state to
carry out official duties in the armed forces.
Article 396. Assault on persons or organizations under international
protection.
1.
Assault on the employees of foreign states or
international organizations under international protection, or on family
members residing with them, on office or residential buildings or means of
transportation of persons under international protection, if these actions were
committed with the purpose of provoking war, or complication of international
relations, is punished with imprisonment for the term of 3 to 7 years.
2.
The same actions which negligently caused human
death, heavy damage to health or destruction of property or important
documents, is punished with imprisonment for the term of 3 to 12 years.
Article 397. Illegal use of
identification signs protected by international treaties.
During military actions, the
use of the symbols and insignia of the Red Cross or Red Crescent protected by
international treaties, the signs envisaged for marking cultural values or
other protective signs, or the flag or national identification symbols of the
enemy or a neutral state, or the flags of international organizations, in
breach of international treaties and international law, is punished with
correctional labor for 1-2 years or
imprisonment for up to 3 years.
Section 14.
Closing provisions.
Chapter. 34.
Closing provisions.
Article 398. Making the law
effective.
This Code comes into effect
by a special law.