Operation of the criminal law in time and space
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 .
PART 11. PROCEEDINGS IN THE CASSATION COURT
CHAPTER 49. Implementation of court decisions
Article 427. The court decision coming into force and its implementation
The decision made by the first instance court come into effect after the expiry of appeal deadline in the appellate court, if it was not appealed. In the case of an appeal, the court decision, if it not turned down, comes into effect after the expiry of the established deadline for appealing by participants of the proceedings, if it is not appealed against. The decision of the cassasion court comes into effect at the moment of announcement
The court decision which came into effect is implemented by the court which made the decision within 3 days after coming into effect, or the returned of the case from appellate or cassation court.
The decision on acquittal or exemption of the defendant from punishment is handed for implementation by the court which made the decision. In this case the arrested defendant is immediately released in the court room after the announcement of the verdict.
In accordance with the procedure envisaged in part 2 of this article, released from arrest, is also the defendant who was convicted without appointing a punishment or with a punishment which is not related to imprisonment, or was sentenced to probational imprisonment, or with postponement of the verdict, or for an other term, which does not exceed the period of arrest or preventive measures or the term changed as result of cassation decision of the given person.
Article 428. The instruction to hand the court decision for implementation
The instruction to hand the court decision for implementation with the copy of the decision, and in the case of changes based on appellate decision, also with the copy of the appellate court decision, is forwarded to those persons or the body which are entitled to carry out court decisions.
At the same time, the court must inform the family of the convict who is under arrest or sentenced to imprisonment about forwarding the court decision for implementation.
The bodies which carry out court decisions immediately inform the court which made the decision about the implementation of the decision. The administration of the institution which executes criminal punishment must inform the court which made the decision and the family of the convict about the place where he serves his sentence, about his movements and about his release.
If the court decision deprives the convict of honorary, military or special titles and ranks, or it was necessary to raise the issue of depriving him of state decorations, the court which made the decision sends the copy of the decision to the body which awarded the convict with the honorary, military or special titles or ranks, or with state decorations.
Article 429. Providing the rights of the convict while implementing the court decision While implementing the court decision, the procedural protection of the convict's right is provided, related to the implementation of the court decision.
The convict is entitled to appeal to the court which made the decision for the postponement of the implementation of the court decision, for exemption from the punishment due to illness, disability or expiration of the postponement, for parole and for replacement of the unserved part of the punishment with a softer punishment, for the change of conditions in the correction institution, and other appeals envisaged in this Code.
When the court discusses the issues related to the implementation of the its decision, the convict is entitled to participate in the court session and to testify, present evidences, initiate petitions and announce challenges, to get familiarized with all materials of the case, and to appeal against the court's actions and decisions.
The convict can administer his rights personally or with the assistance of the lawyer. The issues related to the implementation of court decisions concerning the under-aged convict or the one with physical or mental handicaps must be considered in the court with mandatory participation of the lawyer.
Article 430. Resolution of doubts and uncertainties concerning the court decision
The court which adopted a verdict or some other decision is entitled to resolve the doubts and uncertainties which arise in the course of its implementation:
to determine accurately the measure of calculated punishment, if not otherwise established in the court verdict;
to establish another type of an institution executing criminal punishment where the convict must serve his imprisonment, if not otherwise established in the verdict;
to resolve the issue of prevention measures, redistribution of court costs, disposal of evidences, if not otherwise resolved or resolved uncertainly.
To interpret the uncertainties of its decisions.
Article 431. Postponement of the implementation of the court decision
The court which made a decision to imprison the convict is entitled to postpone its implementation if the following one of the following grounds:
severe illness of the convict which prevents him from serving the sentence until he recovers
the pregnancy of the convict at the moment of implementation of the court decision, for no longer than 1 year;
the female convict has small children, until the child becomes three years old;
when immediate punishment can cause especially severe consequences for the convict or his family members, in the case of fire or other natural disaster, due to the severe illness of the only provider in the family, death, or other exceptional case, by a period established by the court, but not longer than three months.
The payment of a fine can be postponed or divided, up to six months, if the immediate payment of the fine is impossible for the convict.
The court resolves the issue of its decision concerning the civil claim or other damage, taking into account the specific circumstances of the case and the financial situation of the convict.
The issue of postponement of implementation of the court decision is discussed by the court, by initiative of the convict, his legal representative, close relatives, the lawyer, other participants, as well as, by initiative of the court which made the decision.
Article 432. Exemption from punishment due to illness
In the case when the convicted sentences to imprisonment develops chronic mental or some other severe disease while serving the sentence, which is an obstacle to serving the sentence, the court, by petition from the administration of the penitentiary, which must be based on the conclusion of the medical commission, is entitled to decide to exempt the convict from further serving the sentence.
While exempting the convict who has a chronic mental disease, the court is entitled to apply to him enforced medical measures or to send him for guardianship to the public health bodies or to the relatives.
When resolving the issue of exemption of severely ill convicts from the sentence, the court takes into account the gravity of the committed crime, the personality of the convict and other circumstances.
When exempting the convict from the serving the further sentence, the court is entitled to exempt him not only from the main sentence but also from the additional one.
Article 433. Exemption of the convict whose court decision implementation is delayed, as well as the elimination of the delay in the implementation of the court decision
The court exempts from the sentence the convict whose court decision is delayed by petition from the body in charge of execution of the punishment. The petition for exemption from the punishment can be also submitted by the convict, his lawyer or legal representative.
The court eliminates the delay in the execution of the imprisonment sentence and sends the convict to serve the sentence by petition of the body in charge of execution of the sentence.
Article 434. Release on parole and replacement of the sentence with a less strict one
The court, by petition of the body in charge of execution of punishment, releases on parole and substitutes the unserved part of the sentence with a less strict punishment. In relation to those who serve the sentence in the disciplinary battalion, the court applies these measures by petition of the administration of the disciplinary battalion. A petition for release on parole and substitution of the unserved part of the sentence with a less strict punishment can be submitted also by the convict, his lawyer or legal representative.
The court exempts from the sentence prohibiting the occupation of certain positions and practicing certain activities, by petition of the NGOs, the convict or his lawyer.
In the case when the court rejects the release on parole and substitution of the unserved part of the sentence with a less strict punishment, the repeated discussion of this issue can take place no sooner than in 6 months after the refusal.
Article 435. Changes in the conditions of imprisonment
The transfer of convicts from one penitentiary to another with a less severe regime is done by the court by petition of the administration of the penitentiary, or by petition of the convict or his lawyer.
In the case when the court rejects the transfer of the convict from one penitentiary to another with a less severe regime, the petition can be discussed again no sooner than in 6 months after the rejection of the petition.
Article 436. Inclusion of the time spent in a medical institution in the calculation of the term
The time spent by a convict sentenced to imprisonment in a medical institution is calculated in the term of his punishment.
Article 437. The courts which resolve the issues concerning the execution of court sentences
The court which made the decision resolves the issues concerning the execution of the decision.
If the court decision is executed beyond the court district, then this issue is resolved by the same instance court of that district. In the given case, the copy of the decision is sent to the court which made the decision.
The issues concerning: the exemption of ill or invalid convicts, the release on parole and substitution of the unserved part of the sentence with a less strict punishment, the transfer of convicts from one penitentiary to another with a less severe regime are resolved by the court in the area where the convict serves the term, no matter which court made the decision.
The issues concerning: the shortening of the probation period, or termination of probation and sending the convict to serve the court sentence, the termination of the delayed sentence, exemption from punishment, termination of delay in punishment and sending the convict to serve the sentence, are resolved by the court at the place of residence of the convict.
Article 438. Procedure of resolving the issues concerning the execution of court decisions
Issues concerning the execution of court decisions are considered by the court at the court session with participation of the convict. In cases envisaged in this Code the presence of the lawyer is also mandatory.
If the issue concerns the execution of the civil claim, the civil claimant is also summoned. The failure of these persons to come does not inhibit the consideration of the case. When the court resolves the issue of release of the convict due to illness or disability, the presence of the representative of the medical commission which made the conclusion.
The issues of: the release on parole and substitution of the unserved part of the sentence with a less strict punishment, the transfer of convicts from one penitentiary to another with a less severe regime, are considered in the court in the presence of the body in charge of execution of punishment.
The consideration of the case begins with the announcement of the petition by the chairman, after which the court examines the evidences and hears the opinions of persons present at the court session. The last to take the floor is the convict or his lawyer. After that, the court retreats to the deliberations room to make a decision.
CHAPTER 1. GENERAL PROVISIONS
Article 4. Places of Arrest and Detention
Places of arrest and detention shall operate within the structure of authorized government bodies of the Republic of Armenia.
Places of arrest and detention shall be established, reorganized or liquidated by decision of the Government of the Republic of Armenia.
Article 5. Use of Correctional Facilities for Keeping Persons under Arrest or Detention
Convicts serving their sentences in correctional facilities, who are suspected in or charged with a new crime, may be kept in specially equipped sections of the same facility, in isolation from other convicts.
Persons mentioned in the first paragraph of this article may be transferred to medical facilities on the grounds specified in the legislation, on the basis of a doctor’s conclusion, by a decision of the head of the facility, and in accordance with procedures set out in this law.
Article 6. Transfer of Persons Kept in Places of Detention to Places of Arrest
If it is impossible to move a detainee from the place of detention every day to conduct investigative activities and court examination outside the place of detention, the detainee may be transferred to a place of arrest for a period of up to 3 days by a decision of the investigator, prosecutor or the court.
In cases specified in the first part of this article, as well as in the case when it is impossible to move a detainee back to the place of detention on time because of a lack of transportation, the detainees shall be kept in the place of arrest in accordance with procedures and in conditions required for detainees.
Article 7. Moving of Detainees
Detainees shall be moved accompanied by a convoy in special means of transportation. During the moving, detainees must be protected from public interest as much as possible.
In the interests of investigation, detainees shall be moved separately from other detainees or arrestees by a decision of the body conducting the criminal proceedings.
Article 8. Timeframes for Keeping Persons under Arrest and Detention
The timeframes for keeping persons under arrest or detention shall be defined by the Criminal Procedural Code.
Article 9. Regulations of Places of Arrest and Detention
Regulations adopted in places of arrest and detention shall ensure the isolation of arrestees and detainees, protection of their rights and proper implementation of their obligations, as well as fulfillment of tasks set out by the Criminal Procedural Code.
The staff of places of arrest and detention shall be responsible for ensuring that the regulations are implemented; the staff shall be held accountable for not performing their duties or not performing them to the fullest.
Article 10. Internal Regulations of Places of Arrest and Detention
Internal regulations shall be created with the aim of ensuring the implementation of regulations in places for arrest and detention. These regulations shall regulate the admission of arrestees and detainees, their rules of behavior, lists of objects and articles that arrestees and detainees may not possess, procedures for confiscating the forbidden articles, conducting inspections, visits, correspondence, handing over parcels to arrestees and detainees, deliveries and packages, daily routine and other issues deriving from this law.
The administration of places of arrest and detention shall be required to inform arrestees or detainees about the particular facility’s internal regulations. Arrestees and detainees may request additional information regarding internal regulations.
Internal regulations shall be approved by the head of an authorized government body (henceforth, the authorized body).
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.