Politics

When Will the Regulations for Life Sentenced Prisoners Come into Effect?

When Will the Regulations for Life Sentenced Prisoners Come into Effect?

- When is the law on amendments and supplements to the Penitentiary Code of the Republic of Armenia coming into effect?

- The law will come into effect on June 29, 2019.

- What provisions does the law stipulate for those sentenced to life imprisonment?

- Given the importance of organizing the reintegration process of individuals sentenced to life imprisonment more effectively, it has been proposed to change the type of correctional institution for those sentenced to life imprisonment, stipulating that:

  1. Individuals sentenced to life imprisonment and serving their sentence in a closed correctional institution may be transferred to a semi-open correctional institution after serving at least fifteen years of their sentence.
  2. Individuals sentenced to life imprisonment and serving their sentence in a semi-open correctional institution may be transferred to a semi-closed correctional institution after serving at least eighteen years of their sentence.
  3. Individuals sentenced to life imprisonment and serving their sentence in a semi-closed correctional institution may be transferred to an open correctional institution after serving at least twenty years of their sentence.

- Which body is responsible for changing the type of correctional institution for the execution of the sentence?

- According to Article 101 of the Penitentiary Code of the Republic of Armenia, the allocation committee operating within the Central Body of the Penitentiary Service of the Ministry of Justice of the Republic of Armenia changes the type of correctional institution for the execution of the sentence, considering the behavior of the person serving the life sentence, the appropriateness of the degree of isolation, and the requirements for separating sentenced individuals in the correctional institution.

- After the law comes into effect, will life sentenced individuals be able to immediately transfer to correctional institutions with a lower degree of isolation?

- No. The provisions of the law suggest that individuals sentenced to life imprisonment can only be moved gradually to correctional institutions with a lower degree of isolation. Specifically:

  1. Individuals sentenced to life imprisonment can only be transferred from a closed correctional institution to a semi-open correctional institution after serving at least 15 years of their sentence.
  2. Individuals sentenced to life imprisonment can only be transferred from a semi-open correctional institution to a semi-closed correctional institution after serving at least eighteen years of their sentence.
  3. Individuals sentenced to life imprisonment can only be transferred from a semi-closed correctional institution to an open correctional institution after serving at least twenty years of their sentence.

In other words, an individual sentenced to life imprisonment can move to a semi-open institution only under the condition that they are currently serving their punishment in a closed correctional facility. They can move to a semi-open institution only if they are serving their punishment in a semi-closed facility, and they may transfer to an open institution if they are currently serving in a semi-open correctional institution.

- Is the duration of the punishment the most important factor for transfer to a correctional institution with a lower degree of isolation?

- The transfer of individuals sentenced to life imprisonment to a correctional institution with a lower degree of isolation is not solely based on the condition that they have served the stipulated duration of punishment under the law. It is also essential that they are currently serving their punishment in the corresponding type of correctional institution as defined by the law.

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