Jurisdiction

Armenia

Armenia - Criminal Code (EN) 2003 (2013)

General Part

Section 1.

Criminal legislation

Chapter 2.

Operation of the criminal law in time and space

Article 14. The effect of the criminal law with regard to persons who committed crime in the territory of the Republic of Armenia.

1. The person who committed a crime in the territory of the Republic of Armenia is subject to liability under the Criminal Code of the Republic of Armenia.

2. The crime is considered committed in the territory of the Republic of Armenia when:
1) it started, continued or finished in the territory of the Republic of Armenia;
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 Republic of Armenia and other states, the person’s liability arises under the Criminal Code of the Republic of Armenia, if the person was subjected to criminal liability in the territory of the Republic of Armenia and unless an international treaty of the Republic of Armenia prescribes otherwise.

4. The person who committed a crime on board of a ship or flying aircraft bearing the flag or the identification of the Republic of Armenia is subject to criminal liability, regardless of their whereabouts, under the Criminal Code of the Republic of Armenia, unless otherwise stipulated in an international treaty of the Republic of Armenia. Also subject to liability under the Criminal Code of the Republic of Armenia, is the person who committed a crime on board of a military ship or aircraft of the Republic of Armenia, regardless of their location

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 Republic of Armenia, is resolved in accordance with the norms of international law .

General Part

Section 1.

Criminal legislation

Chapter 2.

Operation of the criminal law in time and space

Article 15. Effect of criminal law with regard to persons who committed crimes outside the territory of the Republic of Armenia.

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 .

General Part

Section 1.

Criminal legislation

Chapter 2.

Operation of the criminal law in time and space

Article 15. Effect of criminal law with regard to persons who committed crimes outside the territory of the Republic of Armenia.

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 Republic of Armenia, who committed a crime outside the territory of the Republic of Armenia, are subject to criminal liability under the Criminal Code of the Republic of Armenia, if they committed:
1) such crimes which are provided in an international treaty of the Republic of Armenia;
2) such grave and particularly grave crimes which are directed against the interests of the Republic of Armenia or the rights and freedoms of the RA citizens.

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 .

Armenia - Criminal Procedure Code (EN) 1998 (2016)

GENERAL PART

Section One : GENERAL PROVISIONS

CHAPTER 1. LEGISLATION ON CRIMINAL PROCEDURE

Article 3. Territory of Effect of the Criminal-procedure Law

1. In the territory of the Republic of Armenia, proceedings in criminal cases shall be conducted in accordance with the provisions of this Code, irrespective of the place where the crime was committed, unless otherwise prescribed by the international treaties of the Republic of Armenia.

2. Beyond the territory of the Republic of Armenia, criminal proceedings, emerging from commission of crimes on board of any sea or river ship, or aircraft, registered in the airport or sea port of the Republic of Armenia, lawfully sailing under the flag of the Republic of Armenia or bearing the markings of the Republic of Armenia, shall be governed by the provisions of this Code.

GENERAL PART

Section One : GENERAL PROVISIONS

CHAPTER 1. LEGISLATION ON CRIMINAL PROCEDURE

Article 5. Peculiarities in the Effect of the Criminal-Procedure Law

1. Criminal proceedings in cases, where foreign citizens or stateless persons are either suspected to be involved in or charged with crimes, shall be governed by the provisions of this Code.

GENERAL PART

Section Two: THE COURT

CHAPTER 6. JURISDICTION OVER CRIMINAL CASES

Article 44. Criminal Cases Subject to the Jurisdiction of the Court of First Instance The court of first instance considers cases on all crimes.

Article 45. Criminal Cases Subject to the Jurisdiction of Appellate Courts
Decisions made on all criminal and military cases by the first instance court which have been appealed against and did not come into effect, are under the jurisdiction of the court of appeals.

Article 46. Criminal Cases Subject to the Jurisdiction of the Court of Cassation
Under the jurisdiction of the cassation court chamber of criminal and military cases are: all criminal cases on which a cassation appeal has been submitted, i.e. decisions made by the first instance court and the court of appeals which came into effect, and decisions on criminal and military cases made by the court of appeals but not yet in effect, and other final decisions.

Article 47. Territorial Jurisdiction over Criminal Cases

1. A court of first instance shall have jurisdiction over cases involving offenses committed in the territory of the judicial district of the respective court of first instance.

2. It shall be presumed, that a lasting crime is committed in the territory, where it was finished. It shall be presumed, that a continuous crime was committed in that territory, where the last criminal action was committed.

3. The case involving a crime committed abroad, is subject to the jurisdiction of the court, in the judicial district of which the accused had his last residence, and if it is impossible to determine the last place of residence, then the case shall be subject to the jurisdiction of that court, in the judicial district of which the pre-trial proceedings of the case were accomplished.

Article 48. Determination of Jurisdiction upon Merger of Criminal Cases
If the case of two or more crimes are subject to different courts of first instance, in the case of merger of these cases, the case is considered by that court, in the area of activity of which the pre-trial proceedings of the case were accomplished.

Article 49. Forwarding of a Criminal Case by the Court Which Has Accepted it to the Court of Appropriate Jurisdiction

1. If the court determines, that the case received is not under its jurisdiction, then the court forwards it to the court of appropriate jurisdiction.

2. Should any violation of the rules for territorial jurisdiction as prescribed by Article 47 of this Code be revealed during the court proceedings, the court shall have discretion to keep the case under its jurisdiction, provided the consent of the parties. In case of any objection of either party, the proceedings conducted shall be declared void and the case shall be forwarded to the court of appropriate jurisdiction.

Article 50. Alteration of the Jurisdiction over Criminal Cases

1. The territorial jurisdiction over a criminal case can be altered upon the consent of all the accused persons, if most of the persons participating in the criminal proceedings on that case reside outside the borders of the district of that court of first instance.

2. The decision on the alteration of the jurisdiction is passed in respective cases by the court which considers the case.

Article 51. Resolution of the Disputes on Jurisdiction
The disputes on jurisdiction between the courts of first instance are resolved by the Court of Cassation of the Republic of Armenia.

PART 14. SPECIAL PROCEEDINGS

CHAPTER 54. INTERRELATIONS OF COURTS, PROSECUTORS AND INQUEST BODIES WITH APPROPRIATE INSTITUTION OF FOREIGN COUNTRIES AND OFFICIALS IN LEGAL ASSISTENCE IN CRIMINAL CASES

Article 481. Refusal from extradition

the crime was committed in the territory of the country which received the request;

Rome Statute

Article 11 Jurisdiction ratione temporis

1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.

2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.

Article 12 Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b) The State of which the person accused of the crime is a national.

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.

Article 13 Exercise of jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:

(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;

(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or

(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.