A Fine of 100,000 to 150,000 Drams for Public Insults in Armenia

The Ministry of Justice of the Republic of Armenia has put forward a draft law on amendments and changes to the Code of Administrative Offenses for public discussion. The draft has been developed by the Office of the Prosecutor General of Armenia.

The acceptance of the draft is expected to fill the existing gap in legislation that currently does not allow for legal accountability for public insults made in public places, through mass media, or on internet platforms, if the act does not contain the characteristics of a crime specified in Article 258 of the Criminal Code of Armenia.

According to the draft, public insults or any form of indecent offense made in public places, through mass media, or on internet platforms (including social networks), which do not contain the characteristics of a crime defined by Article 258 of the Criminal Code, will lead to a fine ranging from 100 to 150 times the minimum wage.

If the act provided in the first part of this article is repeated within one year after the imposition of an administrative sanction, a fine will be imposed ranging from 151 to 300 times the minimum wage.

“Witnesses can observe insults made through mass media or internet platforms, which are public in nature. Given the nature of insult expressions, namely their publicity, there is a need for the state to provide an adequate legal assessment to such behavior, as public insults disrupt social natural relationships and public solidarity,” states the justification of the draft.

The draft also proposes to establish regulations such that in cases of public insults or indecent offenses, individuals may face administrative liability under clearly specified conditions.

“Moreover, the formulations present in the draft are such that they exclude potential problems related to qualification that could arise concerning criminal and administrative liability. Regarding civil liability, holding a person liable for civil damages for a public insult or initiating such a process in any way does not interfere or hinder the process of administrative liability, considering the fact that the object of the offense is different: in civil cases, it is the dignity of the person, while in administrative cases, it is public order. Therefore, in this regard, there is no legal issue regarding the principle of prohibiting double jeopardy for the same act,” the draft concludes.