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20.05.2024

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29.04.2021
Cooperation Procedure to Be Applied
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At April 29 sitting, the NA Standing Committee on State and Legal Affairs debated in the second reading the legislative package designing amendments to the draft law the RA Criminal Code and to the enclosed laws to it.

The Committee Chair Vladimir Vardanyan reminded that the debate of the draft law was returned to the phase of the proposals in written form after being presented after the first reading to completely revising it.

The RA Acting Minister of Justice Rustam Badasyan noted that the draft law was debated and revised in detail with the participation of the profile specialists. Presenting the amendments, Badasyan informed that the agreement procedure would replace the escalated judicial examination institute designed by legislation in force. In case of this procedure,

The person has an opportunity to accept the charge before the very examination of the case and begin negotiations with the prosecutor over the issues of the punishment towards him/her, the compensation of the damage caused to the victim and levying the property of criminal origin. In case of negotiations the defendant can get milder punishment or the punishment appointed towards him/her cannot be conventionally applied. According to the Acting Minister, the cooperation procedure is a novelty for criminal trial.

It was noted that the Criminal Code with all its institutes will enter into force from 1 July 2022, the legal persons’ criminal responsibility institute – from 1 January 2023, the provisions on the kind of punishment restriction of freedom nit later than until 1 July 2023. The Acting Minister informed that all other regulations of the Criminal Code will be a with separate law on Putting into Action the RA Criminal Code.

The deputyArusyak Julhakyan was interested in the fact if the regulations of the cooperation proceedings will let disclosing and restoring the realization from the budget through corruption mechanisms.

As Rustam Badasyan has assessed, in its turn this tool will give an opportunity to reveal bigger corruption criminal schemes. This institute is widely applied in the developed countries.

The MP Vahagn Hovakimyan was interested in the time of entering into force the provisions improving the convicted persons’ situation. Badasyan noted that from 1 July 2022 they can begin the review procedures.

In the co-report the MP Sergey Atomyan urged his colleagues to vote for it.

Vladimir Vardanyan underlined that the Ministry of Justice had done voluminous and successful work.

The Committee endorsed the debated item.


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