Criminal Law Armenia
Criminal Law in Armenia is primarily governed by the Criminal Code of Armenia, which establishes the legal framework for criminal offenses, penalties, and the procedures for criminal prosecution and justice. Armenia follows a civil law system, influenced by both Roman and French law traditions. Its criminal law system is structured to balance the protection of society with the protection of the rights of individuals, especially those accused of crimes.
Here is an overview of criminal law in Armenia:
1. Sources of Criminal Law
- Criminal Code of Armenia: The Criminal Code (enacted in 2003) is the primary source of criminal law in Armenia. It defines criminal offenses, establishes punishments, and sets out general principles for criminal justice. The code applies to all crimes committed on Armenian territory, including crimes committed by Armenians abroad in some circumstances.
- Constitution of Armenia: The Constitution of Armenia guarantees fundamental rights, such as the right to a fair trial, protection against torture, and freedom from arbitrary detention, which influence the administration of criminal justice.
- Criminal Procedure Code: This outlines the procedures for the investigation, prosecution, and trial of criminal cases in Armenia. It ensures due process and sets forth the legal rights of individuals at each stage of the criminal justice process.
- International Agreements: Armenia is a signatory to various international conventions that impact its criminal law, including those related to human rights, terrorism, anti-corruption, and drug trafficking.
2. Criminal Offenses
Armenia’s criminal law covers a broad range of offenses, which can be classified into several categories:
Crimes Against Persons:
- Murder: The most serious crime in Armenia is murder (Article 104 of the Criminal Code). The punishment can range from 8 years to life imprisonment, with varying penalties depending on whether the crime is premeditated, committed in self-defense, or involves aggravating circumstances.
- Manslaughter: Manslaughter (unintentional killing) is treated more leniently, with sentences ranging from 3 to 7 years of imprisonment, depending on the circumstances.
- Assault and Battery: Crimes such as assault (aggressive behavior or physical harm) and battery (infliction of bodily injury) are criminal offenses, with penalties that vary depending on the severity of the injury and the intent behind the act.
- Sexual Offenses: Rape, sexual assault, and child abuse are treated as serious crimes under Armenian law. Convictions for rape can result in 8 to 15 years of imprisonment, with aggravated offenses, such as those involving minors, leading to even more severe penalties.
Crimes Against Property:
- Theft: Theft (Article 177 of the Criminal Code) is defined as the unlawful taking of someone else’s property. The penalties for theft can range from 2 to 5 years in prison. Aggravated theft, such as armed robbery or burglary, can result in longer sentences, potentially up to 10 years or more.
- Burglary: Burglary involves breaking into a building with the intent to commit theft or another crime. The penalty for burglary can range from 3 to 10 years of imprisonment, depending on the severity and the use of force or weapons.
- Fraud: Fraud (Article 178) involves deceiving someone to gain their property or financial benefits unlawfully. Penalties for fraud typically range from 2 to 5 years of imprisonment, depending on the scale of the crime.
Drug Offenses:
- Drug Trafficking: Armenia’s Law on Narcotic Drugs criminalizes the production, sale, and trafficking of narcotics and psychotropic substances. Penalties for drug trafficking can range from 5 to 15 years of imprisonment, depending on the quantity of drugs involved and the severity of the offense.
- Possession of Drugs: Possession of illegal drugs without the intent to distribute can lead to criminal penalties, with sentences ranging from 1 to 3 years for minor possession. However, possession of large quantities or involvement in organized trafficking operations leads to much higher penalties.
Economic Crimes:
- Money Laundering: Armenia’s criminal law specifically targets money laundering (Article 190 of the Criminal Code). Those convicted of money laundering can face 5 to 10 years in prison, and financial penalties may also apply.
- Corruption: Bribery and other forms of corruption are serious offenses under Armenian law, particularly for public officials. Penalties for corruption range from 5 to 12 years of imprisonment, with the possibility of additional fines or disqualification from holding office.
- Tax Evasion: Tax fraud is punishable under Armenia’s criminal code, with penalties including fines and imprisonment, which can range from 2 to 7 years, depending on the severity of the evasion.
Crimes Against Public Order:
- Terrorism: Armenia has laws specifically addressing terrorism. Acts of terrorism, including bombings, threats, or violent acts intended to create fear and disruption, are punished severely, with sentences ranging from 5 years to life imprisonment.
- Public Order Crimes: Riots, disorderly conduct, and other forms of public unrest are criminalized, with penalties ranging from fines to imprisonment, depending on the severity of the offense and the level of violence involved.
3. Penalties and Sentences
Penalties for criminal offenses in Armenia are designed to serve both punitive and rehabilitative purposes. They include:
- Imprisonment: The most common form of punishment for serious crimes, including murder, rape, and drug trafficking. Sentences can range from several years for lesser offenses to life imprisonment for the most severe crimes.
- Fines: Fines are commonly imposed for economic crimes, tax evasion, fraud, and minor offenses such as drunk driving.
- Probation: For some lesser offenses or first-time offenders, the court may order probation instead of imprisonment. This may include regular reporting to a probation officer and refraining from criminal activity during the probationary period.
- Community Service: In some cases, particularly for non-violent or first-time offenders, community service can be ordered as an alternative to imprisonment.
- Confiscation of Property: In cases of fraud, drug trafficking, and money laundering, courts may order the confiscation of property or assets derived from illegal activities.
4. Criminal Procedure
The criminal justice system in Armenia follows an adversarial system, in which the prosecution and defense present their arguments before an impartial judge or panel of judges. The key elements of the criminal procedure include:
- Investigation: Criminal investigations are generally conducted by law enforcement agencies such as the Police and the National Security Service. In certain cases, the Special Investigative Service (SIS) may be involved, particularly for high-profile or sensitive cases.
- Arrest and Detention: A suspect can be arrested if there is sufficient evidence of a crime. The arrest must be followed by a judicial review within a 72-hour period. Preventive detention is used in certain cases, particularly for those charged with serious crimes, but it must be periodically reviewed.
- Trial: Trials are typically held in courts of general jurisdiction. Serious cases may be heard by a panel of judges. Armenia’s criminal procedure ensures the right to a fair trial, including the right to legal representation and the right to remain silent.
- Appeals: A convicted individual has the right to appeal their conviction or sentence to a higher court. The Court of Appeals reviews the case, and in some instances, the Court of Cassation can provide a final ruling.
5. Principles of Criminal Law
Armenian criminal law is founded on several key principles:
- Presumption of Innocence: The accused is presumed innocent until proven guilty. This is a fundamental right guaranteed by the Constitution and the Criminal Procedure Code.
- Due Process: The criminal justice process must be conducted fairly, ensuring the right to legal counsel, right to a fair trial, and the right to present a defense.
- Proportionality: The punishment should fit the crime. The criminal justice system in Armenia ensures that penalties are proportional to the seriousness of the offense.
- Legality: A person cannot be punished for an act that is not specifically prohibited by law. Criminal law applies only to offenses that are clearly defined in the Criminal Code.
6. Rights of the Accused
Armenia guarantees several key rights for individuals accused of crimes, which include:
- Right to a Fair Trial: The right to be tried by an independent and impartial tribunal, with public hearings and the right to be present during the trial.
- Right to Legal Counsel: Every individual accused of a crime has the right to be represented by a lawyer, and if they cannot afford one, legal aid may be provided.
- Right to Remain Silent: The accused has the right not to testify against themselves and to remain silent during questioning.
- Right to Appeal: If convicted, an individual has the right to appeal the conviction to a higher court.
7. Juvenile Justice
- Juvenile Offenders: In Armenia, juveniles (those under 18) are subject to different procedures and penalties. Juvenile courts focus more on rehabilitation rather than punishment. Juveniles convicted of crimes may be sentenced to reformatories or other rehabilitation-focused programs.
- Rehabilitation: Armenia’s juvenile justice system emphasizes education, counseling, and social reintegration for young offenders.
8. International Cooperation
Armenia cooperates with international organizations, such as Interpol, UNODC, and CIS (Commonwealth of Independent States), to combat transnational crime and ensure adherence to international human rights standards.
Conclusion
Criminal law in Armenia is grounded in the Criminal Code, with a strong emphasis on protecting public safety while safeguarding the rights of the accused. The system provides clear guidelines for addressing a wide range of offenses, from crimes against persons to economic crimes, and ensures that individuals facing criminal charges are entitled to fair treatment under the law. The Armenian criminal justice system upholds key principles such as presumption of innocence, due process, and proportionality, while prioritizing rehabilitation for juvenile offenders.
RELATED Blog
0 comments