First-Time Offenders to Be Subject to 'Consent Penalty'

The President of the Republic of Armenia, Vahagn Khachaturyan, has signed a package of laws amending the Criminal Code and the Criminal Procedure Code. The Ministry of Justice informs that with the enactment of the law, a new process for applying a 'consent penalty' has been introduced. A regulation has been established for the form and procedure of the document confirming illness that prevents a person from participating in procedural actions or court hearings, to be determined by the Minister of Health.

Thus:

1. Starting from February 6, 2024, during the pre-trial investigation, with the consent of the defendant, a minimum penalty prescribed by the relevant article of the Special Part of the Criminal Code will be imposed through a written procedure established by the court, without additional penalties or security measures.
2. The consent penalty process applies to criminal cases involving individuals who have committed offenses for the first time under public accusation.
3. The offense must be of a minor nature, and it should not have caused harm to the interests of private individuals.
4. This type of process will reduce the burden on courts concerning criminal cases of minor offenses.
5. Establishing the form and procedure for the document confirming illness that hinders a person's participation in procedural actions or court hearings will address issues of unnecessary delays in the examination of cases and potential abuses by private participants in the proceedings.

The legislative reforms have been made within the framework of the monitoring conducted after the enactment of the new Criminal, Criminal Procedure, and Penitentiary Codes, during which the most frequently arising fundamental issues were highlighted.