In Exceptional Cases, Those Convicted of Serious Crimes in Armenia May Be Released

In exceptional cases, individuals convicted of serious and particularly serious crimes may be released from criminal liability based on genuine remorse. The relevant draft amendments to the Criminal Code were approved at today’s government meeting.

According to Article 81 of the Armenian Criminal Code, release based on genuine remorse currently applies only to minor or moderately serious crimes, if the offender admits guilt, begins to cooperate with the investigation, and does everything possible to compensate for the damage.

At the same time, Article 72 of the Criminal Code allows for the mitigation of punishment rather than annulment. This option also extends to serious and particularly serious crimes, but only in exceptional cases when one or more mitigating circumstances exist, the goals of the offender, their behavior during and after the crime, etc.

Now, the Investigative Committee proposes to create the opportunity for complete dismissal of punishment in such cases, but only in the presence of substantial mitigating circumstances.

The decision for release cannot be applied to crimes punishable by life imprisonment, as well as those committed against humanity, trafficking, terrorism, and certain war crimes, including violence against subordinates and forcing soldiers to commit suicide.

The decision for release also cannot be applied in cases where the victim is a child under the age of 14 or a person with mental or intellectual difficulties.