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April 18, 2003

Republic of Armenia

Criminal Code


General Part

Section 1. Criminal legislation

Chapter 1. Principles and objectives of criminal legislation

Article 1. Criminal legislation of the Republic of Armenia.

1. Criminal legislation of the Republic of Armenia consists of this Code. New laws which envisage criminal liability are incorporated into the Criminal Code.

2. The Criminal Code is based on the Constitution of the Republic of Armenia and international principles and norms.

Article 2. The objectives of the Criminal Code.

1. The objectives of the Criminal Code are as follows: to protect from criminal encroachment human and citizens’ rights and freedoms, the rights of legal entities, property, the environment, public order and security, constitutional order, as well as to prevent crime.

2. To implement these objectives, the Criminal Code stipulates the grounds for criminal liability and the principles of criminal legislation, and determines which dangerous acts are considered criminal offences for the society and establishes the types of punishment for the committal of these acts and other penal and legal measures.

Article 3. The grounds for criminal liability.

The only ground for criminal liability is crime, i.e., committal of an act which incorporates all elements of crime, envisaged by criminal law.

Article 4. Principles of criminal legislation.

The Criminal Code is based on the principles of legitimacy, equality before the law, inevitable liability, personal liability, liability in accordance with the offence, individuality of justice and liability, and humanism.

Article 5. Principle of legitimacy.

1. It is only the criminal law that decides whether the act is criminal and punishable, as well as other criminal and legal consequences.

2. The application of criminal law by analogy is prohibited.

Article 6. Principle of equality before the law.

The persons who committed a crime are equal before the law and are subject to criminal liability regardless of sex, race, color, language, religion, political or other beliefs, national or social origin, ethnic minority identity, birth, property, or other statuses.

Article 7. Principle of inevitability of liability.

1. Each person who committed a crime is subject to the punishment envisaged by criminal law or other legal and penal measures.

2. Exemption from criminal liability and punishment is possible only in the event of the grounds and conditions envisaged in the Criminal Code.

Article 8. Principle of personal liability.

The individual is subject to criminal liability only for the offence committed personally.

Article 9. Principle of liability in accordance with the offence.

1. The person is subject to criminal liability only for the socially dangerous action or inaction and its socially dangerous consequences, of which he was found guilty by a competent court.

2. Objective incrimination, i.e., criminal liability for infliction of damage without guilt, is prohibited.

Article 10. Principle of individuality of justice and liability.

1. The punishment and other legal and penal measures applied to the person who committed an offence must be fair, appropriate to the gravity of the crime, to the circumstances in which it was committed, to the personality of the criminal; they must be necessary and sufficient to correct the criminal and to prevent new offences.

2. The repeated conviction of the person for the committal of the same crime is prohibited.

Article 11. Humanitarian principle.

1. The Criminal Code serves to provide the physical, mental, financial, ecological, etc. security of man.

2. No one shall be subjected to torture or cruel, inhuman or humiliating treatment or punishment.

Chapter 2.

Operation of the criminal law in time and space

Article 12. Operation of the criminal law in time

1. The criminality and punishability of the act is determined by the acting criminal law at the time of committal of the offence.

2. The time of committal of crime is the time when socially dangerous action (inaction) was committed, regardless when the consequences started to take effect.

Article 13. Retroactive effect of criminal law.

1. The law eliminating the criminality of the act, mitigating the punishment or improving the status of the criminal in any way, has retroactive effect, i.e., this law is extended to the persons who committed this act before this law had taken effect, including those persons who are serving the punishment or served the punishment, but have a record of conviction.

2. The law stipulating the criminality of the act, making the punishment more severe or worsening the status of the criminal in any other way, has no retroactive effect.

3. The law partially mitigating the punishment and, in the meantime, partially making the punishment more severe has retroactive effect only in respect to the part which mitigates the punishment.

Article 14. The effect of the criminal law with regard to persons who committed crime in the territory of the Republic of Armenia.

1. The person who committed a crime in the territory of the Republic of Armenia is subject to liability under the Criminal Code of the Republic of Armenia.

2. The crime is considered committed in the territory of the Republic of Armenia when:

3. In case of crimes committed in the territory of the Republic of Armenia and other states, the person’s liability arises under the Criminal Code of the Republic of Armenia, if the person was subjected to criminal liability in the territory of the Republic of Armenia and unless an international treaty of the Republic of Armenia prescribes otherwise.

4. The person who committed a crime on board of a ship or flying aircraft bearing the flag or the identification of the Republic of Armenia is subject to criminal liability, regardless of their whereabouts, under the Criminal Code of the Republic of Armenia, unless otherwise stipulated in an international treaty of the Republic of Armenia. Also subject to liability under the Criminal Code of the Republic of Armenia, is the person who committed a crime on board of a military ship or aircraft of the Republic of Armenia, regardless of their location

5. The issue of the criminal liability of foreign diplomatic representatives and other persons enjoying diplomatic immunity, in the case of committal of crime by the latter in the territory of the Republic of Armenia, is resolved in accordance with the norms of international law.

Article 15. Effect of criminal law with regard to persons who committed crimes outside the territory of the Republic of Armenia.

1. The citizens of the Republic of Armenia who committed crime outside the territory of the Republic of Armenia, as well as stateless persons permanently residing in the Republic of Armenia, are subject to criminal liability under the Criminal Code of the Republic of Armenia, if the act committed by them is recognized as a crime in the legislation of the state where the crime was committed, and if they were not convicted in another state. When convicting the above mentioned persons, the punishment can not exceed the upper limit for punishment in the state where the crime was committed.

2. The citizens of the Republic of Armenia who committed crime outside the territory of the Republic of Armenia, as well as stateless persons permanently residing in the Republic of Armenia, are subject to criminal liability under Articles 384, 386-391, 393-397 of this Criminal Code, regardless whether the act is considered or not considered a crime in the state where the crime was committed.

3. Foreign citizens and stateless persons not permanently residing in the Republic of Armenia, who committed a crime outside the territory of the Republic of Armenia, are subject to criminal liability under the Criminal Code of the Republic of Armenia, if they committed:

4. The rules established in part 3 of this Article are applicable if the foreign citizens and stateless persons not permanently residing in the Republic of Armenia, have not been convicted for this crime in another state and are subjected to criminal liability in the territory of the Republic of Armenia.

Article 16. Extradition of persons who committed a crime.

1. The citizens of the Republic of Armenia who committed a crime in another state are not extradited to that state.

2. In accordance with an international treaty of the Republic of Armenia, the foreign citizens and the stateless persons who committed a crime outside the territory of the Republic of Armenia and who find themselves in the Republic of Armenia, can be extradited to a foreign state, for criminal liability or to serve the punishment.

3. The persons specified in part 2 of this Article are not extradited to foreign states if there are serious reasons to believe that they can be subjected to torture there.

4. If the legislation of the country seeking extradition of persons who committed a crime envisages death penalty for the given crime, then the extradition of persons who committed a crime can be turned down, unless the party seeking extradition presents satisfying assurances to this country that the death penalty will not be executed.

5. In case of refusal to extradite the person who committed a crime, the prosecution for the crime committed in the territory of a foreign country is done in accordance with the legislation of the Republic of Armenia.

Article 17. Legal significance of a person’s conviction outside the RA

1. The court ruling in a foreign country can be taken into account, provided the RA citizen, foreign citizen or a stateless person was convicted for a crime committed outside the RA, and committed a repeated crime in the RA.

2. In accordance with part 1 of this article, recidivism, unserved punishment or other legal consequences of a foreign court ruling are taken into account when qualifying the new crime, assigning punishment, and exempting from criminal liability or punishment.

Section 2.

Crime.

Chapter 3.

The notion and types of crime.

Article 18. The notion of crime.

1. The willful committal of a socially dangerous act envisaged in this Code is considered a crime.

2. The act or inaction which may formally contain the features of an act envisaged in this Code, but which, however, does not present public danger because of its little significance, i.e. it did not cause or could not have caused significant damage to an individual or a legal entity, to the society or the state, is not considered a crime.

Article 19. Types of crime.

1. Crimes are categorized, by nature and degree of social danger, as not very grave, medium gravity, grave and particularly grave.

2. The willful acts, for the committal of which this Code envisages maximal imprisonment of two years, or for which a punishment not related to imprisonment is envisaged, as well as acts committed through negligence, for which this Code envisages a punishment not exceeding three years of imprisonment, are considered not very grave crimes.

3. Medium-gravity crimes are those willful acts for which this Code envisages a maximal punishment not exceeding five years of imprisonment, and the acts committed through negligence, for which this Code envisages a maximal punishment not exceeding ten years of imprisonment.

4. Grave crimes are those willful acts for which this Code envisages a maximal punishment not exceeding ten years of imprisonment.

5. Particularly grave crimes are those willful acts for which this Code envisages a maximal imprisonment for more than ten years or for life.

Article 20. Aggregate of crimes.

1. The following is considered an aggregate of crimes:

2. In case of aggregate of crimes, the person is liable for each crime, under the relevant article of this Code, or part of the article.

Article 21. Repeated crime

1. The committal of two or more offenses under the same article of the Special Part of this Code or part of the article are considered repeated crimes.

2. The repeatedness envisaged in part 1 of this Article is absent in the on-going crime which consists of two or more acts united by one general criminal intent.

3. The committal of a crime envisaged by two or more articles of this Code is considered repeated only for cases specified in the Special Part of this Code.

4. There is no repeatedness if the person was legally exempted from criminal liability for a past crime or the record of conviction for this crime was expunged.

Article 22. Recidivism.

1. The committal of a willful crime by the person who had a criminal record in the past for a willful crime, is considered recidivism.

2. Recidivism is considered dangerous:

3. Repeated crime is considered particularly dangerous:

4. The crime for which the criminal record has been quashed by procedure established in this Code, as well as the crime committed before the age of 18, is not taken into account when determining recidivism.

Chapter 4.

Persons subject to criminal liability.

Article 23. General conditions of criminal liability.

Only a sane physical person who at the time of crime committal has reached the age established in this Code is subject to criminal liability.

Article 24. The age at which a person is subject to criminal liability.

1. The person who reached the age of 16 before the committal of the crime is subject to criminal liability.

2. The persons who reached the age of 14 before the committal of the crime are subject to criminal liability for murder (Articles 104-109), for inflicting willful severe or medium damage to health (Articles 112-116), for kidnapping people (Article 131), for rape (Article 138), for violent sexual actions (Article 139), for banditry (Article 179), for theft (Article 177), for robbery (Article 176), for extortion (Article 182), getting hold of a car or other means of transportation without the intention of appropriation (Article 183), for destruction or damage of property in aggravating circumstances (Article 185, parts 2 and 3), for theft or extortion of weapons, ammunition or explosives (Article 238), for theft or extortion of narcotic drugs or psychotropic substances (Article 269), for damaging the means of transportation or communication lines (Article 246), for hooliganism (Article 258).

3. If the person has reached the age envisaged in parts 1 or 2 of this Article, but due to retarded mental development was not able to understand the nature and significance of one’s actions or to control one’s actions, then he is not subject to criminal liability.

Article 25. Insanity.

1. The person who was in the state of insanity when committing a socially dangerous crime is not liable to criminal liability, i.e., the person could not understand the dangerous nature of one’s actions (inaction) or control one’s actions as a result of chronic mental illness, temporary mental disorder, mental retardation or other mental disease.

2. Forced medical measures can be imposed by the court with respect to the person who committed socially dangerous actions in an insane state.

3. Also not subject to punishment, is the person who committed a crime in the state of insanity, however, had fallen mentally ill before sentencing by the court, which deprived him of the capability of understanding the actual nature and significance of his actions (inaction) or controlling them. Forced medical measures can be imposed by the court with respect to such a person, and after recovery this person can be subjected to punishment.

Article 26. Limited sanity.

1. A sane person who, due to mental disorder, when committing the crime could not entirely understand the actual nature of one’s action (inaction) and its social danger, or control one’s actions, is subject to criminal liability.

2. Limited sanity is taken into account as a mitigating circumstance when imposing the punishment and can become the ground for the enforcement of medical measures, parallel to the punishment.

Article 27. Criminal liability of persons who committed crime in the state of intoxication.

1. The person who committed a crime as a result of alcoholic, narcotic or other intoxication is not exempted from criminal liability.

2. When sentencing an alcoholic, a drug or poison addict, the court can also impose forced medical treatment, provided there is danger of the committal of a new crime due to this addiction.

Chapter 5.

Guilt.

Article 28. Types of guilt.

1. The guilt is manifested willfully or through negligence.

2. An action committed through negligence is a crime if it is particularly envisaged in the Special Part of this Code.

Article 29. Committal of willful crime.

1. A willful crime can be manifested in direct or indirect willfulness.

2. A crime is considered directly willful if the person understood the danger of his action (inaction) for the society, had foreseen the dangerous consequences for the society and desired the emergence of these consequences.

3. A crime is considered indirectly willful if the person understood the danger of his action (inaction) for the society, had foreseen the dangerous consequences for the society, did not desire the emergence of these consequences but knowingly allowed them to take place.

4. If the law does not link the criminal liability for the accomplished criminal act to the emergence of certain consequences, the crime is considered willfully committed, if the person who committed it understood the danger of his actions for the society and was willing to commit it.

5. For the aggravating circumstances of the willful crime, the person is subject to criminal liability, if the latter understood these circumstances.

Article 30. Committal of negligent crime.

1. A crime committed through negligence can be manifested through self-confidence or carelessness.

2. A crime is considered committed through self-confidence, if the person had foreseen the possible dangerous nature of one’s action (inaction) for the society, but without sufficient grounds self-confidently hoped that these consequences will be prevented.

3. A crime is considered committed through carelessness, if the person had not foreseen the possible dangerous nature of one’s action (inaction) for the society, although in the given circumstances he was obliged and was able to foresee them.

Article 31. Inflicting damage without guilt

1. An act is considered to have been committed without guilt, if the person did not understand and, in the given circumstances, could not understand the social danger of one’s actions (inaction) or did not foresee the possible socially dangerous consequences thereof, and in the given circumstances was not obliged and could not foresee them.

2. Also, an act is considered to have been committed without guilt, if the person had foreseen the possible socially dangerous consequences of one’s action (inaction), did not wish the emergence thereof, but due to the incompatibility of one’s psychological and physiological properties with the extreme conditions or nervous and mental load, failed to prevent the emergence of these consequences.

Article 32. Liability for crimes with two types of guilt.

If the law envisages a more strict liability for a willful crime which caused severe consequences through negligence, then the person is liable for these consequences only when one had foreseen the possible social danger of one’s action (inaction), however, without good reason, self-confidently hoped that these consequences will be prevented, or had not foreseen the possible consequences of his socially dangerous action (inaction), although in the given circumstances one was obliged to and could foresee them. Such a crime must be considered willfully committed.

Chapter 6.

Completed and unfinished crime.

Article 33. Completed and unfinished crime.

1. A crime is considered completed, if the action incorporates all the elements of crime envisaged in this Code.

2. Attempts to commit a crime and the preparation for grave and particularly grave crimes are considered an unfinished crime.

3. The liability for attempts to commit a crime and the preparation for crime is under the same article of the Special Part of this Code as for complete crimes, referring to Articles 34 or 35 of this Code.

Article 34. Attempt to commit a crime.

Attempt at a crime is the action (inaction) committed through direct willfulness immediately aimed at the committal of crime, if the crime was not finished for reasons beyond the person’s control.

Article 35. Preparation of crime.

Preparation of a crime is the procurement of means or tools or their adaptation for committal of a direct willful crime, as well as willful creation of other conditions for committal of crime, if the crime was not finished for reasons beyond the person’s control.

Article 36. Voluntary refusal from a crime.

1. Voluntary refusal is the termination by the person of preparation or termination of action (inaction) directly aimed at the committal of crime, when the person realized the possibility of completion of the crime.

2. The person who refused to complete the crime is not subject to criminal liability, unless his actually committed act contains other elements of crime.

3. If the organizer of the crime, the abettor or helper refuse voluntarily, they are not subject to criminal liability, provided this person informed the state bodies or through other means and prevented the completion of the crime by the perpetrator.

4. If the actions mentioned in part 3 of this Article did not prevent the committal of the crime by the perpetrator, then, when sentencing, these actions can serve as circumstances mitigating the liability and the sentence.

Chapter 7.

Complicity.

Article 37. The notion of complicity.

Willful joint participation of two or more persons in a willful crime is considered complicity.

Article 38. Types of accomplices.

1. The organizer, the abettor and the helper are considered the accomplices to the perpetrator.

2. The perpetrator is the person who immediately committed the crime or immediately participated in its committal with other persons (accomplices), as well as the one who committed the crime through the use of persons not subject to legal criminal liability or the persons who committed a crime through negligence.

3. The organizer is the person who arranged or directed the committal of the crime, as well as, the one who created an organized group for committal of crime or criminal association or directed the latter.

4. The abettor is the person who abetted another person to the committal of crime through persuasion, financial incentive, threat or other means.

5. The helper is the person who assisted to the crime through pieces of advice, instructions, information or provided means, tools, or eliminated obstacles, as well as, the person who had previously promised to harbor the criminal, to hide the means and tools of crime, the traces of the crime or the items procured through crime, as well as, also, the person who had previously promised to acquire or sell such items.

Article 39. The liability of accomplices.

1. The co-perpetrators are subject to liability for the crime under the same article of this Code.

2. The organizer, the abettor and the perpetrator are subject to liability under the article which envisages the committed crime, referring to Article 38 of this Code, except those cases when they were at the same time the co-perpetrators of the crime.

3. The person who is not a special subject of the crime in the article of the Special Part of this Code, who participated in the committal of the crime envisaged in this Article, can be liable for this crime only as an organizer, an abettor or helper.

4. In the case when the crime was not completed for reasons beyond control of the perpetrator, the other accomplices are liable for the preparation of the crime or for complicity in the attempt at the crime.

5. If the organizer, the abettor or the helper fail in their actions for reasons beyond their control, then these persons are liable for the preparation of the respective crime.

6. The accomplices are subject to liability only for those aggravating circumstances of the crime of which they were aware.

7. When subjecting the accomplices to liability, the nature and degree of the participation of each of them in the crime are taken into account.

Article 40. Excess of performer.

1. Excess of performer is committal of such a crime by a person that exceeds the willfulness of other accomplices.

2. Other accomplices are not liable for the excess of performer.

Article 41. Committal of crime by a group of individuals, by an organized group or by a criminal association.

1. A crime is considered committed by a group of individuals without prior agreement, if the co-perpetrators who participated in the crime did not previously agree to commit the crime jointly.

2. A crime is considered committed by a group of individuals with prior agreement, if the co-perpetrators who participated in the crime, prior to the commencement of the crime, agreed to commit the crime jointly.

3. A crime is considered committed by an organized group, if it was committed by a stable group of persons who previously united to commit one or more crimes.

4. A crime is considered committed by a criminal association, if it was committed by a consolidated organized group created to commit grave or particularly grave crimes, or by uniting an organized group for the same purposes, as well as if it was committed by a member (members) of the association to achieve his criminal purposes, as well as, committal of a crime by a person not considered a member of the association, by instruction of the criminal association.

5. The person who created or directed an organized group, a criminal association, is subject to liability in cases envisaged in the appropriate articles of this Code: for the creation or direction of an organized group or criminal association, as well as, for all crimes committed by them, if they were involved by his willfulness. Other persons involved in the criminal association are subject to liability for participation in this organization and for those crimes which they committed or prepared.

6. The persons mentioned in this Article incur liability without referral to Article 38 of the Special Part of this Code.

Chapter 8.

Circumstances excluding the criminality of the act.

Article 42. Necessary defense.

1. The action committed in the state of necessary defense, is not considered a crime, i.e., when defending the life, health and rights of the defender or other person, or defending the state interests from socially dangerous encroachments, or from a real threat, defending oneself by inflicting damage to the perpetrator of the encroachment, provided the necessary defense was not exceeded.

2. When defending a person’s life from dangerous violence or real threat of such violence, any damage can be inflicted, including death.

3. The person is entitled to the right of necessary defense, regardless of the possibility to avoid the encroachment or to appeal to other persons or state bodies, as well as, regardless of the person’s special training or official position.

4. Such deliberate actions which obviously for the self-defender are inadequate with the nature and extent of danger of the encroachment are considered acts of excessive defense.

5. Use of weapon or any other means or objects for the purpose of defense from assault of an armed person or assault of a group of persons, as well as for the purpose of prevention of illegal and forced intrusion into an apartment or other building, is not considered an act of excessive defense, irrespective of the degree of damage incurred by the offender.

Article 43. Inflicting damage when capturing the perpetrator.

1. The actions whereby damage was inflicted to the perpetrator when capturing him, in order to hand him over to the authorized bodies or to prevent him from committing new socially dangerous actions, are not considered a crime, provided the necessary measures have not been exceeded.

2. The measures necessary to capture the perpetrator are considered excessive, if there is obvious disproportion between the capturing measures and the danger of the action and the perpetrator, as well as, the circumstances of capture, as a result of which damage was willfully inflicted to the person which was not determined by the necessity of capturing.

3. The act of excessive damage inflicted when capturing the perpetrator is a crime, if this is particularly envisaged in the Special Part of this Code.

4. Except specially authorized parsons, the aggrieved person and other citizens also are entitled to capture the perpetrator of the crime.

Article 44. Urgent necessity.

1. Inflicting damage to the interests protected by criminal law in the state of urgent necessity, is not considered a crime, i.e., to eliminate the imminent danger to the life, health, rights and legal interests of the given person or persons, to the interests of the society or the state, if this danger could not be eliminated by other means and no limits of urgent necessity have been exceeded.

2. Willfully inflicted damage obviously disproportionate to the imminent danger, its degree and the considerations of elimination of the danger, when the legally protected interests suffered equal or greater damage compared to the prevented damage, is considered exceeding of urgent necessity.

Article 45. Physical or psychiatric enforcement.

1. Inflicting damage to the interests protected by criminal law by means of physical or psychiatric enforcement, is not considered a crime, if as a result of this enforcement the person could not control his actions (inaction).

2. The issue of criminal liability, when damage is inflicted to legally protected interests by means of physical or psychiatric enforcement, which do not deprive the person of the capability of controlling one’s actions, is resolved taking into account the propositions of Article 46 of this Code.

Article 46. Justified risk.

1. Inflicting damage to the interests protected by criminal law is not considered a crime, when undertaking justified risk to achieve socially useful goals.

2. Risk is considered justified, if the mentioned goal could not be achieved without an action (or inaction) of risk, and when the risking person takes measures to prevent the danger to the interests protected by criminal law.

3. Risk is considered unjustified, if it obviously involves the death of third persons, or the threat of an ecological or public disaster.

Article 47. Execution of an order or instruction.

1. Inflicting damage to the interests protected by criminal law, by the person who acted pursuant to compulsory, appropriately given order or instruction, is not considered a crime. The person who gave such illegal order or instruction is liable for that.

2. The person who committed a willful crime by obviously illegal order or instruction is liable on common grounds.

3. Refusal to execute an obviously illegal order or instruction is an exemption from criminal liability.

Section 3. Punishment.

Chapter 9.

Notion of punishment, purposes and types.

Article 48. The notion of punishment and its purposes.

1. Punishment is a means of state enforcement assigned by court sentence on behalf of the state to the person who has been found guilty of the crime, and is expressed in deprivation or restriction of one’s rights and freedoms, as envisaged by law.

2. The purpose of punishment is applied to restore social justice, to correct the punished person, and to prevent crimes.

Article 49. Types of punishment.

The types of punishment are:

Article 50. Basic and supplementary punishments.

1. Public works, correctional labor, arrest, service in disciplinary battalion, imprisonment for a certain term and life sentence are used only as basic punishments.

2. Fines and the prohibition to hold certain posts or practice certain professions are imposed both as basic and supplementary punishments.

3. Deprivation of special titles or military ranks, categories, degrees or qualification class, as well as confiscation of property are applied only as an supplementary punishments.

4. Only one basic punishment can be assigned for one crime. One or more supplementary punishment can be added to the basic punishment in cases envisaged in the Special part of this Code.

5. Fines, confiscation of property and the prohibition to hold certain posts or practice certain professions, as supplementary punishment, can be assigned only in cases envisaged in the Special Part of this Code.

Article 51. Fines.

1. A fine is a financial punishment imposed in the amount of 30 to 1000 minimal salaries as established by law of the Republic of Armenia at the moment of fining.

2. The court determines the amount of the fine, taking into account the nature and gravity of the crime, as well as, the property status of the convicted person.

3. If the convicted person, due to personal or financial situation, is incapable of immediately paying the fine in full, the court establishes a payment deadline, up to 1 year, or allows to pay the fine on installment within the same period. This privilege is null and void, if the convicted person fails to pay the portions of the mentioned amount on time.

4. In case of impossibility to pay the fine, the court can substitute the fine or unpaid part thereof with public works counting 10 hours of public works as minimal salary.

Article 52. Deprivation of the right to hold certain posts or practice certain professions.

1. Deprivation of the right to hold certain posts is a prohibition to hold certain positions in state and local self-government bodies, organizations, and the deprivation of practicing certain professions is a prohibition to hold certain occupations related to the nature of the crime.

2. Prohibition to hold certain posts or practice certain professions, as a basic punishment is established for the term of 2 to 7 years for willful crimes, and from 1 to 5 years, for crimes through negligence, and as an supplementary punishment, from 1 to 3 years.

3. Deprivation of the right to hold certain posts or to practice certain professions can be applied in cases when the court, basing on the nature of the crime committed by the offender during the period of his/her holding the post or practicing certain a profession, does not find it possible for him/her to hold certain posts or to practice certain professions.

Article 53. Deprivation of special titles or military ranks, categories, degrees or qualification class

When convicting a person for the committal of grave or particularly grave crimes, the court, taking into account the features characteristic of the perpetrator, can deprive the latter from special titles or military ranks, categories, degrees or qualification class.

Article 54. Public works

1. Public work is the execution of free socially useful, authorized work by the convict at the expense of his leisure time after basic work or classes, as determined by local self-government bodies.

2. The duration of assigned public works shall amount to 360-1500 hours.

3. Public work is assigned as an alternative punishment to imprisonment, in case of written consent of the person to be convicted, which is submitted before the court decision is made, following the time periods set forth in this Code.

4. Public work is not assigned to first or second degree disabled, persons under 16 at the time of sentencing, pension-age persons, pregnant women and drafted servicemen.

5. In case of ill-faith evasion from performing public work, the court replaces the unperformed part of the public work by arrest or imprisonment of a certain period, within the time periods set forth in this Code.

Article 55. Confiscation of property.

1. Confiscation of property is the enforced and uncompensated seizure of the property considered to be the convict’s property or part thereof in favor of the state.

2. The amount of confiscation is determined by the court, taking into consideration the damage to property inflicted by the crime, as well as amount of criminally acquired property. The amount of confiscation can not exceed the amount of criminally acquired property or profit.

3. Confiscation of property can be assigned in cases envisaged in the Special Part of this Code and for grave and particularly grave crimes committed with mercenary motives.

4. The property necessary for the convict or the persons under his care is not subject to confiscation, in accordance with the list envisaged by law.

Article 56. Correctional labor

1. Correctional labor is assigned for the term of from 2 months to 2 years, in accordance with the list in the court ruling, the convict executes this either at his work place or by appointment of correctional labor bodies, in other places within the residence region of the convict.

2. As prescribed in the court ruling, 5-20% of the earnings of the convict sentenced to correctional labor is deducted in favor of the state.

3. In case of willful evasion from correctional labor by the sentenced person, the court can substitute the unserved part of correctional labor with arrest or imprisonment, counting 1 day of arrest as 2 days of correctional labor, or 1 day of imprisonment as 3 days of correctional labor.

Article 57. Arrest.

1. Arrest is keeping the convict in a correctional institution in custody in strict isolation from the society. The court assigns arrest for the term of 15 days to 3 months and only in those cases in which arrest was not selected as a measure of restraint.

2. Persons under 16 years of age at the time of sentencing, pregnant women and persons caring for children under 8 years of age, are not put under arrest.

3. Servicemen serve their arrest in military houses of arrest.

Article 58. Keeping in disciplinary battalion.

1. Keeping a conscripted serviceman in the disciplinary battalion, from 3 months to 2 years, can be assigned in cases envisaged in the Special Part, as well as in those cases when the court taking into account the circumstances of the case and the personality of the convict, finds it expedient to replace a maximum two-year imprisonment with the disciplinary battalion for the same term.

2. Replacement of imprisonment with the disciplinary battalion can not be assigned in relation to persons who had been sentenced to imprisonment in the past.

Article 59. Imprisonment for a certain term.

1. Imprisonment is isolation from the society in the form of keeping the convict in a correctional institution, in custody.

2. Imprisonment can last from 3 months to 15 years.

3. Imprisonment for a crime through negligence can not exceed 10 years.

4. When assigning punishment by aggregate of crimes, in case of complete or partial summation of imprisonment terms, the maximal term can not exceed 15 years, and by aggregate of sentences, 20 years.

Article 60. Life sentence.

1. Life sentence is isolation of the convict in a form of keeping him imprisoned in a corrective institution without time-limit, which in cases envisaged in this Code can be assigned for particularly grave crimes.

2. Persons under 18 years of age at the time of committal of the crime, and women pregnant at the time of committal of the crime or sentencing, can not be sentenced to life sentence.

Chapter 10.

Assignment of punishment.

Article 61. General principles of assigning punishment.

1. A fair punishment is assigned in relation to the person found guilty in the committal of a crime which is determined within the limits of the appropriate article in the Special Part of this Code, taking into account the propositions of the General Part of this Code.

2. The type and degree of punishment is determined by the extent of social danger of the crime and its nature, by the characteristic features of the offender, including circumstances mitigating or aggravating the liability or the punishment.

3. The most strict punishment for the crime is assigned only when the less strict type can not serve for the purposes of the punishment.

Article 62. Circumstances mitigating liability and punishment.

1. Circumstances mitigating liability and punishment are as follows:

2. When assigning a punishment, other circumstances, not mentioned in part 1 of this Article can be taken into account as mitigating ones.

3. If a circumstance mentioned in part 1 of this Article, is envisaged in the appropriate article of the Special Part of this Code as an element of a crime, then it can not be repeatedly taken into account as a circumstance mitigating the liability and the punishment.

Article 63. Circumstances aggravating the liability and punishment.

1. Circumstances aggravating the liability and punishment are as follows:

2. Based on the nature of the crime, the court may consider the circumstances mentioned in points 10 and 14 of part 1 of this Article not aggravating.

3. When assigning punishment the court can not take into account other circumstances not mentioned in part 1 of this Article.

4. If the circumstance mentioned in part 1 of this Article, is envisaged in the appropriate article of the Special Part of this Code as an element of a crime, then it can not be repeatedly taken into account as a circumstance aggravating the liability and the punishment.

Article 64. Assignment of a milder punishment than envisaged by law.

1. If there are exceptional circumstances concerned with the motives of the crime and its purpose, the role of the perpetrator, and his behavior when committing the crime and thereafter, which essentially reduce the extent of danger of the crime for the society, as well as, if a member of the group crime actively assists in solving the crime, a softer punishment can be assigned than the minimal envisaged punishment in the appropriate article of the Special Part of this Code, or a softer type of punishment, than envisaged in that article, or no compulsory supplementary punishment may be applied.

2. Individual mitigating circumstances as well as a combination of such circumstances can be considered exceptional.

Article 65. Assignment of punishment for an unfinished crime.

1. When assigning punishment for an unfinished crime, the nature of actions committed by the criminal and the degree of danger to the society, the degree of implementation of criminal intent and those circumstances as a result of which the crime was not finished, are taken into account.

2. The imprisonment for the preparation of a crime can not exceed half of the maximal imprisonment term envisaged in the relevant article of the Special Part, or part thereof.

3. The imprisonment for the attempt at a crime can not exceed three quarters of the maximal imprisonment term envisaged in the relevant article of the Special Part, or part thereof.

4. Life sentence is not assigned for the preparation of a crime or for the attempt to commit crime.

Article 66. Assignment of punishment by accumulation of crimes.

1. When assigning cumulative punishment (basic and supplementary), separately for each crime, the court determines the final punishment by absorption of the less severe punishment by a more severe punishment, or by adding the assigned punishments in full or partially.

2. If the aggregate of crimes involves only minor gravity crimes, then the final punishment is assigned by absorbing the less grave punishment by a more grave punishment, or by complete or partial adding of punishments. Particularly, the added up final punishment can not exceed the maximal punishment envisaged for the gravest committed crime.

3. If the aggregate of crimes involves only medium-gravity or not grave and medium-gravity crimes, then the final punishment is assigned by complete or partial summation of punishments. Particularly, the final punishment can not exceed 10 years of imprisonment.

4. If the aggregate of crimes involves grave and particularly grave crimes, then the final punishment is assigned by complete or partial summation of punishments. The final punishment can not exceed 15 years of imprisonment. If one of the accomplices is sentenced to life, then the final basic punishment is decided by absorption.

5. Under cumulative punishment, a supplementary punishment can be added to the assigned basic punishment for the aggregate of crimes. When summing up the supplementary punishments completely or partially, the final supplementary punishment can not exceed the maximal term or degree established for this type of crime in the General Part of this Code.

6. The punishment is assigned under the provisions of this Article, if after sentencing it turns out that the convict is also guilty of another crime, committed before the first sentence. In this case the term of the final punishment is offset by the served part of the first sentence.

Article 67. Assignment of punishment by accumulation of sentences.

1. If the convict commits another crime after sentencing, but before the expiry of the term of the sentence, the court adds the unserved part of the previously assigned punishment to the newly assigned punishment, in full or partially.

2. The final punishment by accumulation of sentences, provided it does not involve imprisonment, can not exceed the maximal punishment of this type envisaged in the General Part of this Code.

3. The final imprisonment by accumulation of sentences can not exceed 20 years.

4. The final punishment by accumulation of sentences must be greater than both the punishment for the newly committed crime, and the unserved part of the punishment assigned by the previous sentence.

5. When assigning a punishment by accumulation of sentences, the addition of supplementary punishments is done as prescribed in Article 67 of this Code.

6. If a new crime is committed by a life-server, the newly assigned punishment is absorbed by the life sentence.

Article 68. Determining the terms of punishment by summing them up.

1. When adding up punishments and sentences under the cumulative system, in full or partially, one day of imprisonment is equal to:

2. Such punishments as fine, prohibition to hold certain posts and practice certain professions, deprivation of special titles or military ranks, categories, degrees, qualification class, confiscation of property, when added to the imprisonment, the disciplinary battalion and arrest, are executed separately.

Article 69. Calculation of the punishment terms and offsetting punishment.

1. The terms of such punishments as prohibition to hold certain posts and practice certain professions, correctional labor, keeping in the disciplinary battalion and imprisonment are calculated in months and years. The term of public work is counted in hours. The arrest term is counted in days and months.

2. When replacing or adding the punishments mentioned in part 1 of this Article, as well as offsetting the punishment, the terms can be calculated in days.

3. Before the sentence comes into legal force, the term served under arrest is deducted from the assigned punishment in the form of imprisonment, arrest, the disciplinary battalion, counting 1 day as 3 days; in the case of correctional labor, 1 day as 2 days; in the case of public work, 1 day as 6 hours.

4. Before the sentence comes into legal force, the term served under arrest or when serving the imprisonment assigned for the committal of crime in another country, based on Article 16 of this Code, in case of extradition of the person, 1 day is equal to 1 day.

5. When assigning a fine, a prohibition to hold certain posts and practice certain professions, the court mitigates the assigned punishment or exempts from punishment entirely, taking into account the time spent under arrest by the person who had been under arrest prior the proceedings.

6. The period of enforced medical treatment of the person who developed a mental disease after the committal of crime is deducted from the term of the punishment.

Article 70. Conditional punishment.

1. When assigning a punishment in the form of public work, arrest, imprisonment or keeping in the disciplinary battalion, the court comes to the conclusion that the correction of the convict is possible without serving the sentence, the court can decide not to apply this punishment conditionally.

2. When not applying the punishment conditionally, the court takes into account the features characterizing the personality of the perpetrator, liability, mitigating and aggravating circumstances.

3. When not applying the punishment conditionally, the court establishes a probation period, from 1 to 5 years.

4. When not applying imprisonment conditionally, supplementary punishments can be applied, except confiscation of property.

5. When deciding not to apply the punishment conditionally, the court can oblige the convict to carry out certain duties: not to change the place of permanent residence without notification of the body in charge of his supervision, to take a treatment course against alcohol, narcotic drugs, VD or toxicomania, to support the family financially. By motion of a competent body supervising the convict’s behavior, or without, the court can also impose other duties on the convict which will promote his correction.

6. If during the probation period the convict commits two or more offences for which is subjected to administrative arrest, or willfully evades the implementation of the duties imposed by the court, by motion of the body in charge of supervision of his behavior, as well as, in case of committal of a negligent or not grave crime, the court resolves the issue of nullification of the conditional punishment.

7. In the case of committal of a medium-gravity, grave or particularly grave crime by the convict during the probation period, the court can cancel the decision not to apply the punishment conditionally, and assign a punishment under the provisions of Article 67. The same rules are applied when assigning a punishment for a new negligent crime, if the court cancels the decision not to apply the punishment conditionally.

Article 71. Procedure and conditions of punishment implementation

Procedure and conditions of punishment implementation are established by the law.

Section 4. Exemption from criminal liability and punishment.

Chapter 11.

Exemption from criminal liability.

Article 72. Exemption from criminal liability in case of repentance.

1. The person who committed for the first time a not grave or medium-gravity crime can be exempted from criminal liability, if he, after the committal of the crime, surrendered, assisted in solving the crime of his own accord, compensated or mitigated the inflicted damage in some other way.

2. The person who committed another type of crime, in case of the circumstances mentioned in the first part of this Article, can be exempted from criminal liability only in cases especially envisaged in the article of the Special Part of this Code.

Article 73. Exemption from criminal liability in case of reconciliation with the aggrieved.

The person who committed a not grave crime can be exempted from criminal liability, if he reconciles with the aggrieved, mitigates or compensates the inflicted damage in some other way.

Article 74. Exemption from criminal liability due to change of situation.

The person who committed for the first time a not grave or medium-gravity crime can be exempted from criminal liability, if it turns out that as a result of the change of the situation this person or the committed act is no longer dangerous for the society.

Article 75. Exemption from criminal liability as a result of expiry of the statute of limitation.

1. The person is exempted from criminal liability, if the following periods of time have elapsed after the committal of the crime:

2. The prescription period is calculated from the day of committal to the moment when the sentence comes into legal force.

3. The prescription period is disrupted, if prior to the expiry of these period, the person commits a new medium gravity crime, grave crime or particularly grave crime. In this case the calculation of the prescription period begins from the moment of committal of the new crime.

4. The prescription period is suspended, if the person avoids investigation or trial. In this case the prescription period resumes from the moment of arrest or surrender. Particularly, the person can not be subjected to criminal liability, if 10 years have elapsed since the day of committal of the not grave or medium-gravity crime, and 20 years have elapsed, in the case of a grave or particularly grave crime, and no the prescription period was not disrupted with new crimes.

5. The court decides the issue of application of the prescription period to a person who committed a crime punishable by a life sentence. If the court does not deem possible to exempt the person from criminal liability due to the expiry of the prescription period, the life sentence is not applied.

6. The expiry of the prescription period is not applicable to persons who committed crimes against peace and human security envisaged in Articles 384, 386-391, 393-397 of this Code. Prescription periods are not applied to the persons who committed crimes envisaged in the RA international agreements, provided the agreement prohibits the application of the prescription period.

Chapter 12.

Exemption from punishment.

Article 76. Exemption from punishment on parole.

1. The person sentenced to public work, correctional labor, imprisonment or disciplinary battalion can be released on parole with his consent, if the court finds that for his correction there is no need to serve the remaining part of the punishment. Also, the person can be completely or partially exempted from supplementary punishment. When exempting from punishment on parole, the court also takes into account the fact of mitigation of damage to the aggrieved by the convict.

2. When applying exemption from punishment on parole, the court can impose on the person the obligations envisaged in part 5 of Article 70 of this Code, which the person will carry out during the unserved part of the punishment.

3. Exemption from punishment on parole can be applied only if the convict has actually served:

4. The actual term of imprisonment served by a person can not be less than 6 months.

5. A life-server can be released on parole, if the court finds that the person does not need to serve the punishment any longer and has in fact served no less than 20 years of imprisonment.

6. If during the unserved period of the punishment:

7. If a life-server deliberately commits a new crime, which is punishable by imprisonment, the period mentioned in part 5 of this Article is suspended until the expiry of the term for the new punishment.

Article 77. Replacement of the unserved part of the punishment with a softer punishment.

1. The court can replace the unserved part of the imprisonment for a not grave or medium-gravity crime with a softer punishment, taking into account the behavior during the punishment and the mitigation of the inflicted damage. Also, the person can be completely or partially exempted from the supplementary punishment.

2. The unserved part of the punishment can be replaced with a softer punishment, after no less than one third of the punishment has been served by the convict.

3. When replacing the unserved part of the punishment with a softer punishment, the court can choose any softer punishment from the punishments mentioned in Article 48, within the limits envisaged for each punishment in this Code.

Article 78. Postponement or exemption from punishment of pregnant women or women with children under 3 years of age.

1. Pregnant women or women with children under 3 years of age, except women imprisoned for grave and particularly grave crimes for more than 5 years, can be exempted from punishment or the punishment can be postponed by the court for the period when the woman is exempted from work, due to pregnancy, child-birth and until the child reaches the age of 3.

2. If in cases envisaged in part 1 of this article the convicted person rejects the child or sends the child to an orphanage or evades child-care and rearing, for which she received a written warning from the supervising body, then the court by motion of this body, can send the convict to serve the punishment assigned in the sentence.

3. When the child has turned 3 years old or in the event of death of the latter, the court, taking into account the convict’s behavior, can exempt her from punishment, or replace the punishment with a softer punishment, or send the convict to serve the unserved part of the punishment. In this case the court can deduct, completely or partially, the unserved part of the punishment from the total term.

4. If a new crime was committed by the convict within the period of exemption from punishment, then the court assigns a punishment to her by the rules envisaged in Article 67 of this Code.

Article 79. Exemption from punishment as a result of severe illness.

1. If the person develops a mental disease during the period of serving the sentence, which deprived him from the ability to realize the nature and significance of his actions (inaction) or from governing his actions, then the court exempts him from serving punishment. The court can assign an enforced medical treatment of such a person, and when the person has recovered, he can be subjected to the punishment.

2. If the person develops another severe disease after committing the crime or after the issuance of the sentence, which prevents him from serving the sentence, the court can exempt him from serving the sentence, taking into account the gravity of the committed crime, the personality of the convict, the nature of the disease and other circumstances.

3. Persons defined by part one or part two of this article can be subject to criminal liability or punishment in case of recovery, if expiry dates set forth in articles 75 and 81 of this Code have not passed.

4. A serviceman is exempted from serving the punishment in the disciplinary battalion in the case of an illness as a result of which he is considered not eligible for military service.

Article 80. Exemption from punishment as result of extraordinary circumstances.

A person convicted for not grave or medium-gravity crime can be exempted from punishment, if the further serving of the punishment can cause severe consequences for the convict or his family, as a result of fire, man-made or natural disaster, the severe illness or death of the only capable member of the family, or other extraordinary circumstances.

Article 81. Exemption from punishment due to expiry of the accusatory court sentence.

1. The person convicted for crime is exempted from serving the punishment, if after coming into legal force, the accusatory court sentence has not been carried out within the following deadlines:

2. The expiry period is terminated if prior to the expiry of this period, the person commits a new willful crime. In this case the calculation of the expiry period begins from the committal of a new crime.

3. The expiry period is terminated, if the convict evades from serving the punishment. In this case the expiry period is renewed from the moment of capturing of the person or his surrender. Also, an accusatory sentence can not be implemented, if 10 years have elapsed since the sentence for the committal of the not grave or medium-gravity crime was adopted, and in the case of grave and particularly grave crime, 20 years have elapsed since the sentence, and the expiry period was not disrupted with a new crime.

4. The court decides the issue of application of the expiry date to the person who was convicted as a life-server. If the court does not find possible to apply the expiry date, then this punishment is replaced with an imprisonment for a certain term.

5. The expiry date is not applicable to the persons who committed crimes against peace and human security, envisaged in Articles 384, 386-391, 393-397 of this Code.

Chapter 13.

Amnesty, pardon, criminal record.

Article 82. Amnesty.

The person who committed a crime can be exempted from criminal liability by an act of amnesty adopted by the legislature, and the convict can be completely or partially exempted from the basic, as well as, from the supplementary punishment, and the convict’s unserved part of the punishment can be replaced with a softer punishment, or the criminal record can be expunged.

Article 83. Pardon.

The act of pardon can completely or partially exempt the convict from the basic, as well as, from the supplementary punishment, or the convict’s unserved part of the punishment can be replaced with a softer punishment, or the criminal record can be expunged.

Article 84. Criminal record.

1. The person is regarded as one with a criminal record from the day when an accusatory sentence came into legal force until the day of quashing or expunging the criminal record.

2. According to this Code, the criminal record is taken into account in the case of recidivism or when assigning a punishment.

3. The persons who were convicted by court sentence without assigning a punishment or were exempted from serving the punishment by court sentence, or served the punishment for the act whose criminality and punishability have been eliminated by law, are considered as not having a criminal record.

4. The criminal record is quashed:

5. If the person has been exempted from serving the punishment on parole or the unserved part of the sentence was replaced with a softer punishment, then the quashing of the criminal record is calculated after having served the basic and supplementary punishment.

6. If after having served the sentence the person has manifested impeccable behavior, then at his request the court can quash the criminal record before the deadline of quashing the criminal record, but no sooner than after half of that deadline has elapsed.

7. If the person commits a new crime before the quashing of the criminal record, then the deadline for criminal record quashing is disrupted. The deadline of criminal record quashing for the first crime is calculated anew, after the actual serving of (main and additional) punishment. In this case, the person is deemed convicted for both crimes before the expiry of the criminal record for the more grave crime.

8. Quashing the criminal record eliminates all legal consequences concerned with the criminal record.

Section 5.

Peculiarities of criminal liability and punishment for minors.

Chapter 14.

Peculiarities of criminal liability and punishment for minors.

Article 85. Criminal liability and punishment of minors.

1. Minors are subject to criminal liability and punishment is assigned to them in accordance with the propositions of this Code, taking into account the rules envisaged in this Section.

2. A punishment or enforced disciplinary measures can be assigned in relation to a minor who committed a crime.

Article 86. Types of punishment.

The types of punishment assigned in relation to the minors are as follows:

Article 87. Fine.

1. Fines are used if the minor has individual income or in the case of such property, to which confiscation can be extended.

2. Fines are assigned in the amount from 10 to 500 minimal salaries established in the Republic of Armenia by law, at the time of assignment of the punishment.

Article 88. Arrest.

Arrest, for the period from 15 days to 3 months, is assigned in relation to a minor who has reached the age of 16 years at the moment of sentence.

Article 89. Imprisonment.

1. Imprisonment can be assigned in relation to a minor only for the committal of medium-gravity, grave or particularly grave crime.

2. Imprisonment in relation to minors is assigned:

Article 90. Assigning punishment.

1. When assigning punishment to a minor, his living and rearing conditions are taken into account, the degree of mental development, health, other features of personality, as well as the influence of other persons.

2. Imprisonment by accumulation of crimes in relation to persons under 16 years of age who committed medium-gravity, grave or particularly grave crimes can not exceed 7 years.

3. Imprisonment by accumulation of crimes in relation to persons from 16 to 18 years of age who committed medium-gravity, grave or particularly grave crimes can not exceed 10 years.

4. The final punishment assigned in the form of imprisonment by accumulation of sentences can not exceed 12 years.

Article 91. Exemption from criminal liability by application of enforced disciplinary measures.

1. The minor who committed for the first time a not grave or medium-gravity crime can be exempted from criminal liability by the court, if the court finds that his correction is possible by application of enforced disciplinary measures.

2. The court can assign the following enforced disciplinary measures in relation to the minor:

3. By motion of competent bodies supervising the convict’s behavior, the court can apply other forced disciplinary measures to the minor.

4. Several parallel of enforced disciplinary measures can be assigned in relation to the minor.

5. If the minor regularly evades from the enforced disciplinary measures, by motion of the local body of self-government or competent bodies supervising the convict’s behavior, the documents are forwarded to the court, to resolve the issue of cancellation of the of enforced disciplinary measure and subjecting the minor to criminal liability.

6. When committing a new crime, the minor is not subjected to criminal liability for the previous crimes for which he was sentenced to enforced disciplinary measures.

Article 92. The essence of enforced disciplinary measures.

1. Warning is an explanation to the minor about the damage inflicted by his act and about the consequences of repeated committal of crimes envisaged in this Code.

2. Handing over for supervision to the parents, persons replacing the parents, competent bodies supervising the convict’s behavior or local bodies of self-government is imposing the duty to exert disciplinary influence and monitor the minor’s behavior.

3. The duty to mitigate the inflicted damage is imposed taking into account the property status of the minor and the existence of appropriate labor capacities.

4. Restriction of leisure time and establishment of special requirements to the behavior can envisage a prohibition of visiting certain places, of certain past-times, including the ban to drive mechanical means of transportation, staying out of home at certain time of the day, traveling without authorization of the local body of self-government. The minors can be also required to return to an educational institution or to be employed by motion of the local self-government body.

Article 93. Exemption from punishment by placement in special educational and disciplinary or medical and disciplinary institution.

1. A minor who committed a not grave or medium-gravity crime can be exempted from punishment, if the court finds that the purpose of the punishment can be achieved by placing the minor in a specialized educational and disciplinary or medical and disciplinary institution.

2. Assignment to specialized educational and disciplinary or medical and disciplinary institution is done for the term of up to three years, but not more than needed to become major.

3. Staying in the institutions described in the first or the second part of this article can be terminated ahead of time, if by motion of the head of the specialized educational and disciplinary or medical and disciplinary institution, the court finds that the minor does not need any longer the application of this measure.

Article 94. Exemption from punishment on parole.

Exemption from punishment on parole in relation to a minor who committed a crime and was sentenced to imprisonment for a crime committed at a minor age can be applied, if the convict actually has served:

Article 95. Exemption from criminal liability or punishment due to expiry of prescription period.

When exempting a person who committed a crime under 18 years of age from criminal liability or punishment due to expiry of prescription period, the prescription periods envisaged in Articles 75 and 81 of this Code are reduced by half respectively.

Article 96. Quashing the criminal record.

1. After having served a punishment not related to imprisonment, the criminal record of the person is considered quashed.

2. For persons under 18 who committed crime, the deadlines of criminal record quashing specified in Article 84 of this Code, are reduced, and are respectively equal to:

Section 6.

Measures of medical enforcement.

Chapter 15.

Measures of medical enforcement.

Article 97. Grounds for application of medical enforcement measures.

1. The court can apply medical enforcement measures in relation to the person who:

2. Medical enforcement measures in relation to persons mentioned in part 1 of this Article are assigned only when the mental disorder is related to the danger of inflicting other essential damage or to the danger for other persons or themselves.

3. The procedure of application of medical enforcement measures is established in the Criminal executive Code of the Republic of Armenia and other laws.

4. The court can submit necessary documents to health-care bodies in relation to the persons mentioned in part 1 of this Article whose mental state is not dangerous, to solve the issue of treatment of these people or sending them to neurological institutions.

Article 98. Types of medical enforcement measures.

1. The types of medical enforcement measures are:

2. The court can assign in addition to punishment a outpatient supervision by psychiatrist and enforced treatment for those convicted for committal a crime in the state of mental disorder not ruling out sanity, but who need treatment against alcohol, drugs or mental disorder not ruling out sanity.

Article 99. Outpatient supervision by psychiatrist and enforced treatment.

Outpatient supervision by psychiatrist and enforced treatment can be assigned if the person in his mental state does not need to be admitted to a psychiatry hospital.

Article 100. Enforced treatment in psychiatry hospital.

1. Enforced treatment in psychiatry hospital can be assigned, if the state of mental disorder of the person requires treatment, care, such conditions of keeping and supervision which can be implemented only in a psychiatry hospital.

2. Enforced treatment in general psychiatry hospitals can be assigned in relation to the person who due to his mental state needs hospital treatment and supervision.

3. Enforced treatment in special psychiatry hospitals can be assigned in relation to the person whose mental state is dangerous for oneself and other persons or requires permanent supervision.

Article 101. Assignment, change and termination of enforced medical measures.

1. When assigning enforced medical measures the court takes into account the mental disorder of the person, the nature of committed act and the degree of danger for the society.

2. In case of the person’s recovery or change of his illness when there is no need in enforced medical measure, the court, based on the conclusion of the medical institution, makes a decision to terminate the application of these measures.

3. Based on the conclusion of the medical institution, the court can decide also to change the type of the enforced medical measure.

Article 102. Offsetting the period of application of enforced medical measures.

In the case of treatment of a person whose mental disorder occurred after the committal of the crime, when assigning or restoring the serving of the punishment, the period of application of enforced medical measures in the psychiatry hospital is deducted from the term of punishment, calculating one day in the psychiatry hospital as equal to one day of imprisonment.

Article 103. Enforced medical measures added to execution of punishment.

1. In cases envisaged in part 2 of Article 98 of this Code, enforced medical measures are applied at the place of imprisonment, and in relation to convicts sentenced to other types of punishment, in outpatient psychiatry institutions.

2. Termination of application of enforced medical measures together with execution of punishment is done by the court, by motion of the body executing the punishment, based on the conclusion of a commission of psychiatrists.

Special Part

Section 7.

Crimes against man.

Chapter 16.

Crimes against life and health.

Article 104. Murder

1. Murder is illegal willful deprivation of one’s life punished with imprisonment for 6 to 12 years.

2. Murder:

is punished with 8-15 years of imprisonment or for life.

Article 105. Murder in the state of strong temporary insanity (fit of insanity).

1. The murder committed in the state of suddenly arising depression caused by regular illegal and immoral behavior of the aggrieved as well as the murder committed in the state of sudden insanity caused by the violence, mockery, heavy insults or other illegal, immoral actions (inaction) of the aggrieved, is punished with imprisonment for the term of up to 4 years.

2. Murder of two or more persons in the state of strong insanity, is punished with imprisonment for the term of up to 6 years.

Article 106. Murder of a newly born child by the mother.

Murder of a newly born child by the mother during the child birth or immediately thereafter, as well as in the state of depression or in the state of mental disorder not ruling out sanity, is punished with imprisonment for the term of up to 4 years.

Article 107. Murder of a criminal through the use of excessive measures when capturing the latter.

Murder of a criminal through the use of excessive measures when capturing the latter, is punished with restriction of freedom for the term of 3 years or with imprisonment for the term of up to 3 years.

Article 108. Murder by exceeding necessary defense.

Murder by exceeding necessary defense is punished with imprisonment for the term of up to 3 years.

Article 109. Causing death by negligence.

1. Causing death by negligence is punished with imprisonment for the term of 3 years.

2. Causing death by negligence to two or more people is punished with imprisonment for the term of up to 5 years.

Article 110. Causing somebody to commit suicide.

1. Causing somebody to commit suicide or make an attempt at a suicide by indirect willfulness or by negligence, by means of threat, cruel treatment or regular humiliation of one’s dignity, is punished with imprisonment for the term of up to 3 years.

2. The same act committed in relation to a person in financial or other dependence of the perpetrator, is punished with imprisonment for the term of up to 5 years.

Article 111. Abetment of suicide.

Abetment of suicide, creation of determination in the person to commit suicide by means of instructions, deception, etc., if the person committed suicide or made a suicide attempt, is punished with imprisonment for the term of up to 3 years.

Article 112. Infliction of willful heavy damage to health.

1. Infliction of willful bodily damage which is dangerous for life or caused loss of eye-sight, speech, hearing or any organ, loss of functions of the organ, or was manifested in irreversible ugliness on face, as well as caused other damage dangerous for life or caused disorder, accompanied with the stable loss of no less than one third of the capacity for work, or with complete loss of the professional capacity for work obvious for the perpetrator, or caused disruption of pregnancy, mental illness, drug or toxic addiction, is punished with imprisonment for the term of 3 to 7 years.

2. The same act, committed:

is punished with imprisonment for the term of 5 to 10 years.

Article 113. Infliction of willful medium-gravity damage to health.

1. Infliction of willful bodily injure or any other damage to health which is dangerous for life and did not cause consequences envisaged in Article 114 of this Code, but caused protracted health disorder or significant stable loss of no less than one third of the capacity to work, is punished with arrest for the term of 3 to 6 months or imprisonment for the term of up to 3 years.

2. The same act, if committed:

is punished with imprisonment for the term of up to 5 years.

Article 114. Infliction of medium-gravity or grave damage to health in the state of temporary insanity.

1. Infliction of medium-gravity damage to health committed in the state of protracted depression caused by regular illegal and immoral behavior of the aggrieved as well as committed in the state of sudden affect caused by the violence, mockery, heavy insults or other illegal, immoral actions (inaction) of the aggrieved, is punished with correctional labor for the term of up to 1 year, or with arrest for for up to 2 years, or with imprisonment for the term of up to 2 years.

2. Infliction of grave damage to health which was committed in the circumstances mentioned in part 1 of this Article, is punished with arrest for 2-3 months, or imprisonment for the term of up to 3 years.

Article 115. Infliction of medium-gravity or grave damage to a criminal when capturing the latter, through the use of excessive measures.

1. Infliction of medium-gravity damage to a criminal when capturing the latter, through the use of excessive measures, is punished with correctional labor for up to 1 year or arrest for the term of up to 2 months, or with imprisonment for the term of up to 1 year.

2. Infliction of grave damage to a person who committed a socially dangerous act when capturing the latter, through the use of excessive measures, is punished with correctional labor for up to 2 years, or arrest for the term of up to 1-3 months, or with imprisonment for the term of up to 2 years.

Article 116. Inflicting medium-gravity or grave damage by exceeding the limits of necessary defense.

1. Inflicting medium-gravity damage by exceeding the limits of necessary defense is punished with correctional labor for the term of up to 1 year, or with arrest for up to 2 months, or with imprisonment for the term of up to 1 year.

2. Inflicting grave damage by exceeding the limits of necessary defense is punished with correctional labor for the term of up to 2 years, or with arrest for 1-3 months, or with imprisonment for the term of up to 2 years.

Article 117. Infliction of willful light damage to health.

Infliction of a willful bodily injury or other damage to health which caused short-term health disorder or insignificant loss of the capacity to work, is punished with a fine in the amount of 50 to 80 minimal salaries, or 180-240 hours of corrective labor, or correctional labor for up to 1 year, or with arrest for up to 2 months.

Article 118. Battery.

Battery or committal of other violent acts which did not cause the consequences envisaged in Article 117, is punished with a fine in the amount of up to 100 minimal salaries, or correctional labor for up to 1 year, or with arrest for the term of up to 2 months.

Article 119. Torture.

1. Torture is willfully causing strong pain or bodily or mental sufferance to a person, if this did not cause consequences envisaged in Articles 112 and 113, is punished with imprisonment for the term up to 3 years.

2. The same actions, committed:

is punished with imprisonment for the term of 3 to 7 years.

Article 120. Inflicting grave damage through negligence.

1. Inflicting grave damage through negligence is punished with a fine in the amount of up to 200 minimal salaries or with corrective labor for up to 1 year, or arrest for the term of 1 to 2 months.

2. Inflicting grave damage through negligence to 2 or more persons is punished with correctional labor for the term of up to 2 years or with imprisonment for the term of up to 2 years.

Article 121. Inflicting medium-gravity damage through negligence.

1. Inflicting medium-gravity damage through negligence is punished with a fine in the amount of 50 to 100 minimal salaries, or corrective labor for the term of up to 1 year, or with arrest for the term of up to 2 months.

2. Inflicting medium-gravity damage through negligence to 2 or more persons is punished with correctional labor for the term of up to 2 years or with imprisonment for the term of up to 1 year.

Article 122. Performing illegal abortion.

1. Performing illegal abortion by a person with appropriate higher medical education is punished with a fine in the amount of up to 100 minimal salaries, or corrective labor for 1-2 years, or with arrest for the term of up to 1 month, or with deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years.

2. Making illegal abortion by a person with no appropriate higher medical education is punished with a fine in the amount of up to 200 minimal salaries or with arrest for the term of 1 to 3 months, or with imprisonment for the term of up to 2 years.

3. Actions envisaged in part 1 or 2 of this article, if they caused the death of the aggrieved or grave damage to the health by negligence, or were performed by a person previously convicted for illegal abortion, are punished with imprisonment for the term of up to 5 years, deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years.

Article 123. Infecting with AIDS virus.

1. Subjecting another person to the obvious danger of infection with AIDS, is punished with correctional labor for the term of up to 2 years, or with arrest for the term of up to 2 months, or with imprisonment for the term of up to 1 year.

2. Infecting another person with AIDS willfully or self-confidently, by another person who was aware that he had the disease, is punished with imprisonment for the term of up to 1 year.

3. The committed actions envisaged in part 2 of this Article, which was committed:

are punished with imprisonment for the term of 3 to 8 years.

Article 124. Infecting with venereal or other sexually transmitted diseases.

1. Infecting another person with venereal disease or other sexually transmitted diseases by a person who was aware that he had this disease is punished with a fine in the amount of 200 to 400 minimal salaries, or correctional labor for 1-2 years, or with arrest for 1 to 3 months.

2. The same action committed in relation to:

is punished with a fine in the amount of 300 to 500 minimal salaries, or with imprisonment for the term of up to 2 years.

Article 125. Breach of rules for transplantation operations.

1. Breach of procedure and conditions envisaged by law for harvesting or transplantation of parts of human body or tissues, which through negligence caused grave or medium-gravity damage to the donor of the parts of the body or tissues or to the recipient, is punished with a fine in the amount of 300 to 500 minimal salaries, or with imprisonment for the term of up to 3 years, or deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years or without the latter.

2. The same actions which through negligence caused the death of the aggrieved, is punished with imprisonment for the term of up to 5 years, deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years.

Article 126. Enforced donation of parts of the body or tissues.

1. Making a person donate parts of the body or tissues for transplantation or experimental purposes, by violence or threat of violence is punished with imprisonment for the term of up to 4 years, with deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years, or without that.

2. The same action committed:

is punished with imprisonment for the term of 2 to 5 years, with deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years, or without that.

3. The action envisaged in parts 1 or 2 of this Article, committed by an organized group, is punished with imprisonment for the term from 4 to 10 years.

Article 127. Subjecting a person to medical or scientific experiment without the consent of the latter.

1. Subjecting a person to medical or scientific experiment without free expression of will and informed and proper consent of the latter, is punished with a fine in the amount of 200 to 400 minimal salaries, deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years, or without that.

2. The same act committed:

is punished with imprisonment for 1 to 3 years, deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years, or without that.

3. The same act committed by an organized group or caused severe consequences by negligence, is punished with imprisonment for 2 to 6 years, deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years, or without that.

Article 128. Abandonment in danger.

1. Failure to offer needed and obviously urgent help to a person in a situation posing danger to life or failure to advise relevant bodies about the necessity to help, if the offender was not obliged to care about the aggrieved and which did not threaten the offender’s life, is punished with a fine in the amount of 50 to 100 minimal salaries, or corrective labor for up to 1 year.

2. Abandonment of a person deprived from the possibility to take measures for one’s self-protection in a situation dangerous for life or health, if the offender had the real possibility to help this person and was obliged to take care of this person, or the offender placed this person in a dangerous situation, is punished with a fine in the amount of 100 to 150 minimal salaries, or with arrest for up to 2 months.

3. The act envisaged in part 2 of this Article which caused death or other grave consequences, is punished with a fine in the amount of 100 to 200 minimal salaries, or with arrest for up to 3 months, or with imprisonment for up to 3 years.

Article 129. Failure to help the patient.

1. Failure without good reasons by the person who was obliged to help the patient, if this caused grave or medium-gravity damage to the patient through negligence, is punished with a fine in the amount of 50 to 100 minimal salaries, or correctional labor for up to 1 year, or with an arrest for the term of 1 to 2 months.

2. The same crime, if the action, through negligence, caused the patient’s death, is punished with imprisonment for the term of up to 3 years, with deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years, or without that.

Article 130. Failure to implement or improper implementation of professional duties by medical and support personnel.

1. Failure to implement or improper implementation of professional duties by medical and support personnel, as a result of careless or not diligent treatment which through negligence caused grave or medium-gravity damage to the patient, is punished with a fine in the amount of 100 to 200 minimal salaries, or with arrest for the term of up to 3 months.

2. The same action, if it caused through negligence the patient’s death or AIDS infection, is punished with imprisonment for the term from 2 to 6 years, with deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years, or without that.

Chapter 17.

Crimes against human freedom, honor and dignity.

Article 131. Kidnapping.

1. The recruitment, transportation, transfer, harboring, or receipt of persons by means of the threat or use of force, of kidnapping, of fraud, of other deception, of the abuse of power or of a position of vulnerability or bribing to achieve the consent of a person having control over another person, for the purpose of prostitution or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of human organs,

is punished with imprisonment for the term of 2 to 5 years.

2. The same action committed:

is punished with imprisonment for the term of 4 to 8 years.

3. The act envisaged in part 1 or 2 of this Article, if:

is punished with imprisonment for the term of 7 to 10 years.

Article 132. Trafficking

1. Recruitment, transportation, transfer, harboring, or receipt of persons for the purpose of sexual exploitation or forced labor, by means of the threat or use of force, of fraud, of using the dependence, of blackmail, of threat of destruction or damage to property, if this was done for mercenary purposes, is punished with a fine in the amount of 300 to 500 minimal salaries, or correctional labor for up to 1 year, or arrest for up to 2 months, or imprisonment for the term of 1 to 4 years.

2. The same act committed:

is punished with correctional labor for up to 2 years, or imprisonment for up to 4 to 7 years.

3. Actions envisaged in parts 1 or 2 of this Article, which:

is punished with imprisonment for 5 to 8 years.

Article 133. Illegal deprivation of freedom.

1. Illegal deprivation of freedom not concerned with kidnapping is punished with correctional labor for up to 2 years, or with arrest for the term of 1 to 3 months, or with imprisonment for up to 2 years.

2. The same action committed:

is punished with imprisonment for 3 to 5 years.

3. Actions envisaged in parts 1 or 2 of this Article, if:

is punished with imprisonment for 4 to 8 years.

Article 134. Illegal placing or keeping in a psychiatry hospital.

1. Illegal placing or keeping a person in a psychiatry hospital is punished with imprisonment for up to 3 years.

2. The same action:

Article 135. Libel.

1. Dissemination of false information humiliating the person’s good reputation, dignity and honor, is punished with a fine in the amount of 50 to 150 minimal salaries, or correctional labor for up to 1 year.

2. Libel through public speeches, publicly demonstrated works or through mass media, is punished with a fine in the amount of 100 to 200 minimal salaries, or correctional labor for 1-2 years, or with arrest for up to 2 months.

3. Actions envisaged in parts 1 or 2 of this Article, accompanied with accusation of the person of committing grave or particularly grave crime,

are punished with correctional labor for up to 2 years, or with arrest for the term of 1 to 2 months, or with imprisonment for up to 3 years.

Article 136. Insult.

1. Insult is improper humiliation of other person’s honor and dignity, is punished with a fine in the amount of up to 100 minimal salaries, or correctional labor for up to 6 months..

2. Insult manifested in public speeches, in publicly demonstrated works or by mass media, is punished with a fine in the amount of 50 to 200 minimal salaries, or correctional work for up to 1 year.

Article 137. Threat to murder, to inflict heavy damage to one’s health or to destroy property.

1. The threat to murder, to inflict heavy damage to one’s health or to destroy property of big volume, provided there was real danger that this threat would be carried out, is punished with correctional labor for up to 1 year, or arrest for up to 2 months, or imprisonment for up to 2 years.

2. The term "property of big volume" in this article shall mean to the amount of 500 to 3000 minimal salaries.

Chapter 18.

Crimes against sexual immunity and sexual freedom.

Article 138. Rape.

1. Rape, sexual intercourse of a man with a woman against her will, using violence against the latter or some other person, with threat thereof, or taking advantage of the woman’s helpless situation, is punished with imprisonment for the term of 3 to 6 years.

2. The rape which:

is punished with an imprisonment for the term of 4 to 10 years.

3. The actions mentioned in part 1 or 2 of this Article, against an aggrieved under 14 years of age,

is punished with an imprisonment for the term of 8 to 15 years.

Article 139. Violent sexual actions.

1. Homosexual, lesbian or other sexual actions against the aggrieved, by using force against the latter or other persons, or threat of using force, or by taking advantage of the aggrieved person’s helplessness, are punished with an imprisonment for the term of 3 to 6 years.

2. The same actions:

is punished with an imprisonment for the term of 4 to 10 years.

3. The actions mentioned in part 1 or 2 of this Article done against an aggrieved under 14 years of age,

is punished with an imprisonment for the term of 8 to 15 years.

Article 140. Forced violent sexual acts.

Forcing a person to sexual intercourse, homosexuality, lesbianism or other sexual actions, by means of black mail, threats to destroy, damage or seize property, or using the financial or other dependence of the aggrieved, is punished with a fine in the amount of 200 to 300 minimal salaries, or correctional labor for up to 2 years, or with imprisonment for the term of up to 1 year.

Article 141. Sexual acts with a person under 16.

Sexual intercourse or other sexual acts with a person obviously under 16, by a person who reached 18 years of age, in the absence of elements of crime envisaged in Articles 138, 139 or 140 of this Code,

Is punished with correctional labor for the term of up to 2 years, or with imprisonment for the term of up to 2 years.

Article 142. Lecherous acts.

1. Lecherous acts with a person obviously under 16, in the absence of elements of crime envisaged in Article 140 or 141, is punished with a fine in the amount of 200 to 400 minimal salaries, or with correctional labor for up to 1 year, or with imprisonment for up to 2 years.

2. The acts envisaged in part 1 of this Article committed with violence or threat thereof, are punished with imprisonment for up to 3 years.

Chapter 19.

Crimes against constitutional human rights and freedoms of citizens.

Article 143. Breach of citizens’ legal equality.

1. Direct or indirect breach of the human rights and freedoms of citizens, for reasons of the citizen’s nationality, race, sex, language, religion, political or other views, social origin, property or other statuses, which damaged the citizen’s legal interests, is punished with a fine in the amount of 200 to 400 minimal salaries, or with imprisonment for up to 2 years.

2. The same action committed by abusing official position, is punished with a fine in the amount of 300 to 500 minimal salaries, or by deprivation of the right to hold certain posts or practice certain activities for 2 to 5 years, or with imprisonment for up to 3 years.

Article 144. Illegal collecting, keeping, use and dissemination of information pertaining to personal or family life.

Information which is considered to be a personal or family secret used without one’s consent or dissemination by public speeches, publicly demonstrated works or through mass media, or collecting or keeping, unless this is envisaged by law, is punished with a fine in the amount of 200 to 500 minimal salaries, or correctional labor for up to 1 year, or with arrest for the term of 1 to 2 months.

Article 145. Divulging medical secrets.

1. Divulging information on the patient’s illness or the results of medical tests, by the medical personnel, without professional or official need, is punished with a fine in the amount of 200 to 500, or by deprivation of the right to hold certain posts or practice certain activities from 2 to 5 years, or with arrest for the term of 1 to 2 months.

2. Actions envisaged in part 1 of this Article, if they caused grave consequences by negligence, are punished with imprisonment for up to 4 years, with deprivation of the right to hold certain posts or practice certain activities for up to 3 years or without that.

Article 146. Violation of the secrecy of correspondence, telephone conversations, postal, telegraph or other communications.

1. Illegal violation of the citizen’s secrecy of correspondence, telephone conversations, postal, telegraph or other communications, is punished with a fine in the amount of 50 to 100 minimal salaries, or correctional labor for up to 1 year.

2. The same action committed by abuse of official position, is punished with a fine in the amount of 100 to 300 minimal salaries, or with deprivation of the right to hold certain posts or practice certain activities from 2 to 5 years, or with arrest for the term of 1 to 2 years.

Article 147. Breach of inviolability of the dwelling.

1. Entering an apartment against the will of man, is punished with a fine in the amount of 50 to 100 minimal salaries, or correctional labor for up to 1 year, or with arrest for the term of up to 2 months.

2. The same action committed with violence or with a threat to use violence, is punished with a fine in the amount of 100 to 200 minimal salaries, or with imprisonment for the term of up to 2 years.

3. The action envisaged in parts 1 or 2 of this Article committed with abuse of official position, is punished with a fine in the amount of 200 to 400 minimal salaries, or with deprivation of the right to hold certain posts or practice certain activities from 2 to 5 years, or with arrest from 1 to 2 months, or imprisonment for the term of up to 3 years.

Article 148. Refusal to provide information to a person.

Illegal refusal by an official to provide information or materials to a person immediately concerning his rights and legal interests and collected in accordance with established procedure, or provision of incomplete or willfully distorted information, if this damaged the person’s rights and legal interests, is punished with a fine in the amount of 200 to 400 minimal salaries.

Article 149. Hindrance to implementation of the right to elect, to the work of election commissions or to the implementation of the authority of the person participating in elections.

1. Hindrance to the free implementation of the citizen’s right to elect or to referendum, or hindrance to the work of the election or referendum commission, as well as, hindrance to the implementation of the authorities of the election or referendum commission or initiative group, candidate or his proxy, observers, mass media representatives, the authorized person of the party (or association of parties), is punished with a fine in the amount of 200 to 400 minimal salaries, or 120-180 hours of public labor, arrest for up to 1 month.

2. The same actions:

are punished with imprisonment for up to 5 years.

Article 150. Forgery of election or voting results.

Obviously incorrect counting of ballots during a referendum or election, or obviously incorrect approval of referendum or election results, theft of the ballot box, as well as forgery of elections or voting in some other way, is punished with imprisonment for 2 to 5 years.

Article 151. Dissemination of libelous information about a candidate, a party (association of parties) during elections.

Dissemination of libelous information about a candidate, a party (association of parties) during elections in order to mislead the voters, is punished with a fine in the amount of 300 to 500 minimal salaries, or with imprisonment for the term of up to 5 years.

Article 152. Breach of the procedure for compilation of voters lists.

Forgery through the breach of the procedure of compilation of voters list by the official in charge of the compilation of the voters lists, is punished with a fine in the amount of up to 500 minimal salaries, or arrest for up to 1 month, or imprisonment for up to 1 year, with deprivation of the right to hold certain posts or practice certain activities for up to 2 years.

Article 153. Voting more than once or instead of another person.

Voting more than once or instead of another person by submitting false data, documents or otherwise, is punished with a fine in the amount of 500 minimal salaries, or arrest for up to 1 month, of imprisonment for up to 1 year.

Article 154. Breaching the confidentiality of ballot.

Forcing the voter to divulge the results of the ballot, checking the ballot list to reveal the results of the vote, entering the ballot booth (room) as well as breaching the confidentiality of the voting otherwise, is imprisoned with a fine in the amount of 200 to 500 minimal salaries, or arrest for 1–2 months, or imprisonment for up to 2 years.

Article 155. Forcing to refuse from participation in a strike or forcing to participate in a strike.

Forced participation in a strike or forced hindrance to the participation in a legal strike by means of violence or threat of violence, is punished with a fine in the amount of 200 to 400, or with arrest for the term of up to 2 months.

Article 156. Ungrounded refusal to hire a pregnant woman or a person with a child under 3 years of age, or ungrounded dismissal.

Ungrounded refusal to hire a pregnant woman citing pregnancy or a person with a child under 3 years of age, or ungrounded dismissal, citing this reason, is punished with a fine in the amount of 200 to 500 minimal salaries, or 120-180 hours of public labor, or arrest for up to 1 month.

Article 157. Breach of labor protection rules.

1. Breach of safety rules or labor protection rules by the person in charge of their compliance, if this negligently caused grave or medium-gravity damage to health or caused professional disease, is punished with a fine in the amount of 200 to 400 minimal salaries, correctional labor for up to 2 years, or with imprisonment for the term of up to 2 years.

2. The same action which negligently caused the death of the aggrieved, is punished with imprisonment for the term of up to 5 years, or with deprivation of the right to hold certain posts or practice certain activities for up to 3 years, or without that.

Article 158. Breach of copyright and adjacent rights.

1. Illegal use of the object of copyright and adjacent rights or appropriation of authorship, if these actions caused large loss, is punished with a fine in the amount of 200 to 400 minimal salary, or correctional labor for up to 1 year, or with imprisonment for the term of up to 2 years.

2. By large loss, this Article means an amount (value) exceeding 500 minimal salaries at the moment of crime committal.

Article 159. Breach of patent law.

Illegal use of the object of patent law or dissemination of essential information about the object before the official recognition of patent rights without the consent of the applicant, or appropriation of authorship or enforcing co-authorship, is punished with a fine in the amount of 200 to 400, or with imprisonment for the term of up to 2 years.

Article 160. Hindrance to the right to exercise freedom of conscience or religion.

Hindrance to the implementation of religious ceremonies or legal activities of religious organizations, is punished with a fine in the amount of up to 200 minimal salaries, or correctional labor for 1 year, or with arrest for the term of up to 2 months.</