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19.06.2009
Decision of the National Assembly of the Republic of Armenia On Declaring Amnesty

Debating the proposal of the President of the Republic of Armenia on Declaring Amnesty and being led by the 1st clause of the 1st part of Article 81 of the Constitution of the Republic of Armenia:

The National Assembly of the Republic of Armenia DECIDES:

1. To release

1) the persons sentenced to imprisonment connected with the deprivation of freedom maximum for three years;

2) the persons towards which the sentenced has not been conventionally applied or the sentence has been canceled;

3) the persons sentenced to imprisonment not related to deprivation of freedom

2. To release those, who are sentenced maximum for five years

1) the first or second group invalids;

2) persons over 60;

3) the persons, who committed crime before 18, who have not been imprisoned connected with the deprivation of freedom for involuntarily committing crime before or have been imprisoned, but they do not have conviction;

4) the persons, who are participants of the Great Patriotic War, military actions for the defense of the Republic of Armenia, are equalized set out by legislation of the Republic of Armenia to them or have a status of forcibly imprisoned and have not been imprisoned connected with deprivation of freedom for involuntarily committing crime before or have been imprisoned, but they do not have conviction;

5) the persons, who died in the military actions for the defense of the Republic of Armenia, as well as who are equalized to them as a spouse, child or parent set out by the legislation of the Republic of Armenia and have not been imprisoned connected with deprivation of freedom for deliberately committing crime before or have been imprisoned, but do not have any conviction;

6) persons, who committed crime related to the events occurred in Yerevan on

March 1-2, 2008.

3. To release persons, who were not convicted before for intentionally committing crime, who were sentenced

1) maximum for five years’ imprisonment and not less than one third of the appointed punishment by the day of entering the decision on amnesty;

2) maximum for ten years’ imprisonment and not less than the half of the appointed punishment by the day of entering the decision on general amnesty into force;

4. To release for involuntary crime

1) persons sentenced to imprisonment maximum for five years;

2) maximum for ten years’ imprisonment and not less than one third of the appointed punishment by the day of entering the decision on amnesty into force;

5. Not to sue criminal persecution and not to execute criminal persecution, as well as quash the criminal cases of the crimes committed on June 1, 2009 being under the proceedings of investigation bodies, pre-examination bodies or court on the persons, who committed crimes, by which

1) persons can be charged or are charged in committing crimes, for whom a punishment is designed not more than three years’ sentence;

2) persons enumerated in the 2nd clause of this decision can be charged with or are charged with committing crimes, for whom a punishment is designed not more than five years’ sentence;

3) persons can be charged with or charged with committing involuntary crimes, for whom a punishment not related to only deprivation of freedom is designed;

4) persons can be charged with or charged with committing such crimes, for whom a punishment not connected with only deprivation of freedom is designed;

6. to suspend the oversight, being implemented towards the persons, who were freed from punishment conventionally ahead of time, if in case of not being freed conventionally ahead of time those persons would be freed from punishment based on the 1st -4th clauses of this decision.

7. To reduce the measure of punishment:

1) by two-third towards the persons, who committed crime by negligence;

2) half of the measure towards the persons mentioned in the 2nd clause of this decision;

3) by one third towards the persons sentenced to maximum ten years for voluntarily committing crime,

8. The amnesty will not be applied

1) towards the ill-intentioned, who violated the defined order of carrying punishment by the day of amnestying;

2) towards the persons, to whom the appointed measure of punishment has been reduced or who have been released from carrying punishment for involuntarily committing crime by the decrees of the President of the Republic of Armenia on granting amnesty or by the decisions on the amnesty of the National Assembly of the Republic of Armenia, or towards whom criminal persecution have not been sued for intentional crime, or criminal cases have been quashed by the decisions on amnesty of the National Assembly of the Republic of Armenia, and they have again committed intentional crime, except the cases, when 10 years passed after going out of the conviction for those crimes;

3) towards the persons, who have committed intentional crime again by the day of applying the amnesty in the criminal-executive institution;

4) towards the persons, being in search until adopting this decision, except the persons, who including the July 31, 2009 voluntarily go to the law enforcement bodies, and if the case is in the proceedings of the court, to the court;

5) in repetition of especially dangerous crimes;

6) compensating the material damage incurred to the victim set out by the judicial act entered into legal force;

7) towards the persons sentenced for committing crimes stipulated by the Article 104, Article 112, 3rd part of Article 123, 2nd and 3rd parts of Article 126, 2nd and 3rd parts of Article 131, Article 132, Article 132.1, 2nd and 3rd parts of Article 133, 2nd and 3rd parts of Article 138,2nd and 3rd parts of Article 139, Article 142, Article 163, Article 164, 3rd and 4th parts of Article 165, 3rd part of Article 166, Article 168, Article 175, 2nd and 3rd parts of Article 176, 3rd part of Article 177, 3rd part of 178, 3rd part of Article 179, 3rd part of Article 180, 3rd part of Article 181, 2nd and 3rd parts of Article 182,3rd part of 183, 3rd part of Article 185, 2nd and 3rd parts of Article 190, Article 202, 3rd part of Article 203, Article 208, 2nd , 3rd , 4th parts of 215, Articles 217-224, Article 226, 2nd part of Article 227, 2nd part of Article 228, 2nd part of Article 229, 2nd part of Article 230, 2nd part of Article 231, 3rd part of Article 233,3rd part of Article 234, 2nd and 3rd parts of Article 235, 2nd and 3rd parts of Article 237, 2nd , 3rd and 4th parts of Article 238, 3rd part of Article 241, 3rd part of Article 242, 3rd part of Article 245, 3rd part of Article 246, 3rd part of Article 247, 3rd part of Article 248, 3rd and 4th parts of Article 254, 3rd and 4th parts of Article 258, 2nd and 3rd parts of Article 261, 2nd and 3rd parts of Article 262, 2nd and 3rd parts of Article 264, Article 265, 1st , 2nd and 3rd parts of Article 266, 2nd and 3rd parts of Article 268, Article 269,Article 272, 2nd part of Article 274, 2nd and 3rd parts of Article 275, 2nd and 3rd parts of Article 280, 4th part of Article 284, 4th part of Article 287, Article 296, 2nd part of Article 297, Article 299, Articles 300-300.2, Article 301.1, Articles 302-305,3rd and 4th parts of Article 311, 3rd part of Article 312, 2nd part of Article 316, Article 319, Article 327, 2nd part of Article 329,2nd part of Article 334.1, Article 336, 2nd , 3rd and 4th parts of Article 340, Article 341, 4th part of Article 347, Article 348,3rd part of Article 349, 3rd part of Article 352, Article 355, 3rd part of Article 356, 2nd and 3rd parts of Article 357, 2nd and 3rd parts of Article 358, 3rd and 4th parts of Article 359, 6th part of Article 361, 2nd and 3rd parts of Article 362, 3rd part of Article 363,3rd part of Article 364, 3rd part of Article 365, 3rd part of Article 366, 3rd part of Article 367, 3rd part of Article 368, 3rd part of Article 369, 3rd part of Article 371, 4th part of Article 373, 2nd and 3rd parts of Article 375, 3rd part of Article 377, 2nd part of Article 378,1st part of Article 379-397.1.;

8) towards persons, who committed several crimes, if amnesty is not designed for any of those crimes by this decision;

9) towards persons, who were freed from punishment ahead of time for involuntarily committed crime and were again sentenced for involuntarily committed crime during the period of time not carried punishment;

10) towards the persons, to whom the punishment has not conventionally beenapplied, and during the probation period have been again sentenced for involuntarily committed crime;

9. The decision on amnesty does not free from additional punishments appointed by the court verdicts, except the seizure of the assets, if the seizure has not been carried out at the moment of the publication of the decision on amnesty.

10. The amnesty is applied to the persons, who are under compulsory treatment from alcohol or drug use in detention places after having an appropriate treatment.

11. The decision on amnesty towards the persons sentenced by the courts of other states, who carry punishment in the Republic of Armenia, is applied according to the Articles of the Criminal Code in the Republic of Armenia, determining responsibility for their deeds.

12. The fulfillment of this decisions lay down

1) on the courts

a) towards the persons, whose cases are in the courts, but until entering into force of this decision, have not been examined, or towards the persons, whose cases have been examined, but the sentences have not entered into legal force;

b) towards the persons, whose sentence have not been conventionally applied, or the sentence has been postponed. The court solves the use of the amnesty towards the subunit of the alternative punishment or the convict’s behaviour based on the mediation of other authorized body, implementing oversight;

2) on the Criminal Appeal Court of the Republic of Armenia towards the persons, who were sentenced by the courts of the Republic of Armenia, who carry punishment outside the borders of the Republic of Armenia;

3) on investigation and pre-examination bodies towards the persons on whom the cases or materials examine the above-mentioned bodies;

4) on the heads of the criminal-executive institutions towards the persons, who carry punishment in criminal-executive institutions;

5) on the sub-units of receiving alternative punishments towards the persons, who

a. have been sentenced to imprisonment not connected with deprivation of freedom;

b. have been conventionally freed from punishment, and oversight is carried out towards their behaviour;

6) on the commander of the disciplinary battalion, towards the persons, who carry punishment in disciplinary battalion.;

7) on the compulsory execution service of judicial acts towards the persons, who have been sentenced to the seizure of the property.

13. The Prosecutor approves the decisions adopted by the heads of investigation and pre-examination bodies, criminal-executive institutions, sub-units of alternative punishments, sub-units of service of alternative punishments, sub-units of compulsory execution service of judicial acts and commander of disciplinary battalion on applying amnesty.

14. This decision is applied towards the persons, who committed crime till June 1, 2009 including.

15. With the invalid and age basis this decision is applied towards the persons, who were recognized first or second group invalid until June 1, 2009 or who become 60 until September 30, 2009 including.

16. In applying the amnesty the issue of covering the imprisonment is solved in the order established by law.

17. Towards the persons who were kept in disciplinary battalions and criminal-executive institutions of the Ministry of Justice of the Republic of Armenia, as well as towards the persons who were conventionally released, whose appointed receiving punishment was canceled or the punishment has not been conventionally applied or have been sentenced not related to deprivation of freedom, the decision of amnesty is subject to execution until September 30 including.

SPEAKER OF THE NATIONAL ASSEMBLY                               H. ABRAHAMYAN

REPUBLIC OF ARMENIA

19 June 2009
City of Yerevan
N- 152-4


19.06.2009
National Assembly Adopts the Proposal of the President of the Republic of Armenia, on Declaring Amnesty
On June 19, on the initiative of the President of the Republic of Armenia, an extraordinary session of the National Assembly was convened. There was only one issue on its agenda, i. e. the President’s proposal on Declaring Amnesty. Mr. Gevorg Danielayn, Minister of Justice of the Republic of Armenia...



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