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15.04.2021 | The RA Prosecutor's Office has developed and submitted 16 recommendations aimed at making changes in sub-legislative and legislative regulatory provisions, improvement of criminal and legal practice

The General Prosecutor’s Office of the Republic of Armenia, taking into account the imperative of increasing the efficiency of exercising its constitutional powers and being the body which develops and implements the state criminal policy, continues to find solutions for the new criminal justice and legal practice issues by making recommendations in legislative and sub-legislative regulatory provisions.


During 2020 16 initiatives of amendments to the legislation regulating the spheres of criminal and criminal procedure were sent with the letters of the RA General Prosecutor, which is more with 2 than compared with 2019 and more with 13 compared with 2018.


The following initiatives may be underlined related to the sphere of criminal justice.


A draft law "On Making Amendments to the RA Criminal Code" which proposes imprisonment for a maximum of three years, maximum three years, in the sanction of Part 1 of Article 291 of the RA Criminal Code (violation of the rules of subsoil/lithosphere protection and use). Envisaging deprivation of holding certain positions or engaging in certain activities for a period of one year as an additional punishment. In the sanction of Part 2 of the same article, it was proposed to make severe the terms of imprisonment by imposing maximum of 6 years of imprisonment instead of the current maximum 1 year.


It was also proposed to amend Article 316, Part 3 of the RA Criminal Code (Violence against a representative of authorities) to provide that a person serving in the state, local self-government bodies, is considered as a representative authority in the scope of the RA Criminal Code, he/she has regulatory powers. In addition, it was proposed to supplement the RA Criminal Code with a new Article – Article 3171, Part 1 of which envisages that insulting or slandering a public servant in connection with his /her responsibilities is punished by a fine of one hundred to five hundred times the minimum salary. At the same time, the draft proposes to stipulate that the act envisaged in Part 1 of that Article, which was committed by means of mass media or other public means in connection with performance of his official duties, shall be punished by a fine of 500 to 3000 times the minimum salary or imprisonment for a maximum of 2 years.


It was also proposed by the RA Prosecutor's Office to make amendments to Article 4341 of the RA Criminal Procedure Code. Upon detection and bringing to the court the wanted person sentenced to a non-custodial sentence, the court must immediately, but not later than within 48 hours, inform the competent body supervising the convict's conduct about it.  This regulation will ensure the full realization of the functions of the competent body supervising the convict's behavior and the execution of the sentence.


RA Prosecutor's Office in cooperation with the RA Ministry of Justice has developed a legislative package on making amendments to the RA Criminal Procedure Code. It is aimed at clarifying the legal regulations related to the suspension of the suspect or the accused, which will allow the body conducting the proceedings to use the mentioned tools more effectively. The package was approved by the RA Government and sent to the National Assembly.


The analysis of three-year practice regarding the application of the RA Law on the Prosecutor's Office was carried out in the RA Prosecutor's Office and in the result, a draft law “On Making Amendments to the RA Law on Prosecutor’s Office” was developed in 2020, which follows the strategy of judicial and legal reforms of the Republic of Armenia for 2019-2023. In particular, it is proposed to change the procedure for establishing the Qualification Commission under the Prosecutor General of the Republic of Armenia, so that the majority of the members of the Qualification Commission are appointed on the ground of a procedure that does not include the participation of the Prosecutor General of the Republic of Armenia.