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Criminal Procedure Code

Adopted on 1 September 1998

 

(Excerpts)

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Section V. COERCIVE MEASURES

CHAPTER 17. DETAINMENT

Article 128. Concept of Detainment

1. Detainment is arrest, his delivery to the inquiry body or body which carries out the criminal proceeding, compiling an appropriate protocol and informing the detainee about this, the places and conditions provided by law for short-term detention.

2. Only the following persons shall be detained:

3. Detainment is carried out on the basis of:

Article 129. Detainment of a person suspected in immediate commitment of crime

1. A person suspected in committing a crime can be detained by the officer of inquiry body, investigator or prosecutor if any of the following grounds is present:

2. Detainment based on the grounds provided by the first part of the present article may not last more than 96 hours after the moment of detention. Charges must be presented to the person detained on the bases mentioned in Part 1 of this Article within 96 hours. Within the mentioned deadline, charges may be not presented to the suspect, if after the moment of detention within 96 hours, he is released from detention, because a securing measure was not selected or the securing measure is not related to detention.

Article 130. Detainment based on the order of the criminal persecution body

1. If the evidence collected for the case indicates that a person has committed an action forbidden by Criminal law and if he is elsewhere or the whereabouts of this person is unknown, the body of the criminal persecution has the right to issue an order for his detainment.

2. The body of the criminal persecution which has issued an order for detainment shall be immediately informed by the inquiry body, investigator or prosecutor about the execution of the order.

3. Detainment based on the grounds provided by the first part of the present article shall last no longer than 96 hours after a person’s detainment. A person detained on the grounds provided by the first part of the present article shall be informed of the charges pressed against him within 96 hours after his detainment. Within the mentioned deadline, charges may be not presented to the suspect, if after the moment of detention, within 96 hours, he is released from detention, because a securing measure was not selected or the securing measure is not related to detention.

Article 131. Detainment of the accused before his arrest based on the order of the criminal persecution body

1. If the accused violates the terms of appearance measures taken against him, the criminal proceedings body is entitled to issue an order about the detainment of such a person and, at the same time, to present to the court papers proving the necessity of his arrest.

2. Detainment of a person in the order provided by the present article shall be lawful only in case the arrest of such a person is admissible according to the provisions of the present Code.

3. Detainment based on the grounds provided by the first part of the present article shall last no longer than 96 hours after a person’s detainment.

Article 132. Release of the detained

1. The detained shall be released on the basis of the decision of the body which carries out criminal proceeding if:

2. In case provided by paragraph 1 of the first part of the present article, the detained may also be released by the chief of the inquiry body. In cases provided by paragraph 3 of the first part of the present article the detained shall be released by the administrator of the detention center.

3. A person released shall not be detained again on the basis of the same suspicion.

Article 133. Procedure of the Detainment

Arrested persons shall be detained in the places allotted to their detainment. The procedure and conditions of detainment shall be prescribed by the legislation of the Republic of Armenia.

CHAPTER 18. PREVENTIVE MEASURES TO SECURE THE APPEARENCE

Article 134. Concept and kinds of preventive measures

1. Preventive measures are measures of coercion taken towards the suspect or the accused to prevent their inappropriate behavior during the criminal proceeding and to ensure the execution of the sentence.

2. The following are the kinds of preventive measure:

3. Arrest and bail shall be executed in respect to the accused only. Supervision shall be executed in respect to an under-age person only. Supervision of commander shall be executed in respect to a serviceman or a conscript at the time of drafting.

4. The types of preventive measures prescribed by paragraph 2 of the present Article shall not be executed in combination with each other. Bail shall be considered a measure alternative to arrest and shall be granted only upon decision of the court about the arrest of the accused.

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Article 137. Arrest

1. To arrest a person means to detain a person under arrest in the places and under conditions prescribed by law.

2. The arrested shall not be detained in places allotted for detainment for more than 3 days except for the cases when his delivery to the investigatory isolation ward or other place prescribed by law for detainment of the arrested is impossible due to the lack of transportation means.

3. The inquiry body, investigator, prosecutor and the court have the right to instruct the administration of the investigatory isolation ward to detain the accused persons of the same criminal case or of several criminal cases related to each other in separate wards, to prevent the communication of the accused with other arrested persons as well as to give other instructions which do not contradict the procedure prescribed by law about the detainment of the arrested. The given instructions are mandatory for the administration of the investigatory isolation ward.

4. Upon delivering an order for arrest the court shall also decide on the admissibility of the release of the accused on bail; if the court determines pre-trial release is permissible, it shall determine the amount of the bail. Later, upon a petition being presented by the defense, the court may reconsider its decision concerning the inadmissibility and the amount of bail.

5. The order of the court about the execution of the arrest as a preventive measure may be appealed against to the court of a higher instance.

Article 138. Detainment Deadlines

1. The terms of the detainment shall be counted from the moment of the actual detainment of the person; if the person has not been detained, the term of the detainment shall start from the moment of the execution of the court decision about applying this preventive measure.

2. The time spent by the suspect or the accused in the following places shall be included into his detainment time-period

3. Detainment carried out at the time of a pre-trial criminal proceeding shall not last longer than 2 months except for the cases prescribed by the present Code. The time spent by the accused in a detainment and in a medical institution shall be included in the calculation of the term of his detainment. The term of the detainment executed at the time of the pre-trial criminal case shall be terminated on the day when the prosecutor forwards the case to the court or when the accused and his attorney get familiarized with the materials of the case, or when the decision about the execution of the arrest becomes annulled.

4. The term of the detainment of the accused at the time of a pre-trial criminal case may be extended up to 1 year, in exclusive cases due to the complexity of the case.

5. The term of the detainment of the accused executed at the time of a pre-trial criminal case and the hearing of the case shall not last longer than:

6. The maximum period of arrest during the criminal proceeding of the case in court is not limited.

Article 139. Extension of the Detainment Term

1. If the investigator and the inquiry body find it necessary to extend the term of the detainment of the accused, they shall submit a reasonable, substantiated explanation for such a decision to the prosecutor no later than 10 days before the expiration of the detainment period. If the court agrees with this decision to extend the detainment period, an appropriate decision is made no later than 5 days before the expiration of the detainment period prescribed by the court.

2. Upon the settlement of the issue of the extension of the detainment period the court shall have the right to allow the release of the accused on bail and determine the amount of the bail.

3. While delivering a judgment about the extension of the detainment period the court shall determine the terms of the further detainment in the time limits prescribed by the present Code; the duration of each extension period shall not last longer than 2 month.

Article 140. Right to Trusteeship of Property of the Detained

1. Under-aged persons, as well as disabled persons left without care and means of subsistence as a result of their parents or a bread winner being detained or as a result of other actions taken by the body which carries out the criminal proceeding are entitled to support which shall be provided from the state budget by the body which carries out the criminal proceeding. Orders of the body which carries out the criminal proceeding about provision of support, care and a temporary residence are mandatory to the body of the guardianship and to the director of the corresponding organization and institutions. The body which carries out the criminal proceeding may also place under-aged or disabled persons under the guardianship of their relatives with the consent of the latter.

2. A person whose property is left without care as a result of his being detained or as a result of other actions taken by the body which carries out the criminal proceeding, is entitled to have his property taken care of, including the feeding of domestic animals, which the body carrying out the criminal proceeding shall provide at the request and at the expense of the detained person. The order of the body which carries out the criminal proceeding to trusteeship the property and to feed the domestic animals is mandatory to the corresponding state authorities, local self-governing bodies, state institutions, enterprises and organizations.

3. The body which carries out the criminal proceeding shall immediately inform the detained or other interested persons about measures taken in accordance with the present Article.

Article 141. The Responsibilities of the Detainment Unit Administration

The detainment unit administration shall:

Article 142. Release of the Detained

1. The accused shall be released on the basis of a decision of the corresponding body which carries out the criminal proceeding when:

2. In cases prescribed by paragraphs 4-6 of the first part of the present Article the decision about the release of a person may be made by the administrator of a detention unit.

3. In cases prescribed by paragraphs 1-2 of the first part of the present Article, the person found not guilty or the convict, respectively, shall be released immediately in the courtroom. In cases prescribed by paragraphs 4-6 of the first part of the present Article as well as upon receiving the copies of the decision of the body which carries out a criminal proceeding about the annulment or substitution of the arrest by other preventive measure, the accused shall be released immediately by the administrator of the detention unit.

4. A person released shall not be detained on the basis of the same accusation unless new evidence has been found which was unknown to the body which carried out the criminal proceeding at the time of the release of the accused.

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Article 150. Appeal against Preventive measure

1. The order of the body of criminal persecution about the substitution of a preventive measure may be appealed to the prosecutor by the suspect, accused, his defense counselor, his legal representative or other interested persons involved in the case.

2. The decision of the court about the execution of the preventive measure may be appealed to the court of appeals.

Article 151. Substitution or the Annulment of the Preventive measure

1. Upon necessity the preventive measure can be substituted by the body which carries out the criminal proceeding.

2. The preventive measure shall be annulled when there is no necessity for its execution.

3. Arrest and bail granted by the court may be changed or annulled by the court, and may be changed or annulled by court as well as by the body of criminal persecution during the pre-trial proceeding.

4. The body which annuls or substitutes detention as a preventive measure shall inform the administration of a detention unit of such a decision and forward to them a copy of this decision.

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PART 12. IMPLEMENTATION OF COURT DECISIONS

CHAPTER 49. Implementation of court decisions

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Article 432. Exemption from punishment due to illness

In the case when the convicted sentences to imprisonment develops chronic mental or some other severe disease while serving the sentence, which is an obstacle to serving the sentence, the court, by petition from the administration of the penitentiary, which must be based on the conclusion of the medical commission, is entitled to decide to exempt the convict from further serving the sentence.

While exempting the convict who has a chronic mental disease, the court is entitled to apply to him enforced medical measures or to send him for guardianship to the public health bodies or to the relatives.

When resolving the issue of exemption of severely ill convicts from the sentence, the court takes into account the gravity of the committed crime, the personality of the convict and other circumstances.

When exempting the convict from the serving the further sentence, the court is entitled to exempt him not only from the main sentence but also from the additional one.

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Article 434. Release on parole and replacement of the sentence with a less strict one

The court, by petition of the body in charge of execution of punishment, releases on parole and substitutes the unserved part of the sentence with a less strict punishment. In relation to those who serve the sentence in the disciplinary battalion, the court applies these measures by petition of the administration of the disciplinary battalion. A petition for release on parole and substitution of the unserved part of the sentence with a less strict punishment can be submitted also by the convict, his lawyer or legal representative.

The court exempts from the sentence prohibiting the occupation of certain positions and practicing certain activities, by petition of the NGOs, the convict or his lawyer.

In the case when the court rejects the release on parole and substitution of the unserved part of the sentence with a less strict punishment, the repeated discussion of this issue can take place no sooner than in 6 months after the refusal.

Article 435. Changes in the conditions of imprisonment

The transfer of convicts from one penitentiary to another with a less severe regime is done by the court by petition of the administration of the penitentiary, or by petition of the convict or his lawyer.

In the case when the court rejects the transfer of the convict from one penitentiary to another with a less severe regime, the petition can be discussed again no sooner than in 6 months after the rejection of the petition.

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