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.