Article 27. Personal Liberty

1. Everyone shall have the right to personal liberty. No one may be deprived of personal liberty otherwise than in the following cases and as prescribed by law:
(1) the person has been sentenced by a competent court for committing a criminal offence;
(2) the person has failed to obey a legitimate court order;
(3) for the purpose of ensuring the fulfilment of a certain obligation prescribed by law;
(4) for the purpose of bringing a person before a competent authority where there exists a reasonable suspicion that the person has committed a criminal offence, or a justified necessity of preventing the committal of a criminal offence by the person or his or her fleeing after having done so;
(5) for the purpose of placing a minor under educational supervision or bringing him or her before a competent authority;
(6) for the purpose of preventing the spread of contagious diseases dangerous for the public, as well as the danger posed by persons with mental disorder, drug addicts and alcoholics;
(7) for the purpose of preventing the unauthorised entry of a person into the Republic of Armenia, or for deporting or extraditing a person to another state.
2. Everyone deprived of personal liberty shall be promptly informed, in a language which he or she understands, about the reasons for deprivation of liberty, whereas in case a criminal charge is brought — also about the charge.
3. Everyone deprived of personal liberty shall be entitled to have the person of his or her choice be immediately informed thereon. The exercise of this right may be delayed only in the cases, under the procedure and within the time limits prescribed by law, for the purpose of preventing or disclosing crimes.
4. If within a reasonable time period upon depriving of liberty but no later than within 72 hours the court fails to render a decision on authorising further confinement of a person deprived of liberty on the ground referred to in point 4 of part 1 of this Article, he or she shall be immediately released.
5. Everyone deprived of personal liberty shall have the right to challenge the legitimacy of depriving him or her of liberty, whereon the court shall render a decision within a short time period and shall order his or her release if the deprivation of liberty is non legitimate.
6. No one may be deprived of personal liberty merely on the ground of inability to fulfil civil-law obligations.

Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 348. Obviously illegal detention or arrest.

1. Obviously illegal detention, is punished with arrest for the term of 2-3 months, or with imprisonment for the term of up to 2 years, or with deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

2. Obviously illegal arrest, or keeping under obviously illegal arrest, is punished with imprisonment for the term of up to 4 years, with deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

3. Actions envisaged in parts 1 or 2 of this Article, which negligently caused grave consequences are punished with imprisonment for the term of 3 to 8 years, with deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

GENERAL PART

Section One : GENERAL PROVISIONS

CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS

Article 7. Legitimacy

2. In connection with a criminal case, no person may be detained, arrested, searched, taken into custody, or subjected to any other measure of procedural compulsion or conviction or other restriction of his rights and freedoms otherwise than on the grounds and by procedure prescribed by law.

GENERAL PART

Section One : GENERAL PROVISIONS

CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS

Article 11. Immunity of Person

2. No one may be taken into custody and deprived of his liberty except on the grounds and by procedure stipulated in this Code

GENERAL PART

Section One : GENERAL PROVISIONS

CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS

Article 11. Immunity of Person

5. The court, as well as the agency for inquest, the investigator, and the prosecutor shall be obligated to promptly order the release of any detained person, if the detention is not lawful. The head of administration of a detention facility shall have no right to place, without a warrant of the court or any other grounds prescribed by this Code, any person into custody, and shall be obligated to release any person, whose detention period has expired

CHAPTER 1. GENERAL PROVISIONS

Article 3. Grounds for Keeping a Person in Places of Arrest or Detention

An arrest warrant drawn up in compliance with the Criminal Procedural Code or a decision by a prosecuting body about arrest shall serve as grounds for keeping a person in places of arrest.
A court decision on choosing detention as a means of preventive punishment, passed in accordance with the Criminal Procedural Code, shall serve as a ground for keeping a person in places of detention.
It shall be forbidden to admit and keep a person in places of arrest and detention in the absence of the grounds described in the first or the second paragraphs of this article.