of March 21, 2017 No. ZR-64
About modification and amendments in the Code of penal procedure of the Republic of Armenia
Accepted by National Assembly of the Republic of Armenia on March 1, 2017
Article 1. In Article 434 of the Code of penal procedure of the Republic of Armenia of July 1, 1998 (further - the Code):
1) the first offer of part 1 to state in the following edition:
"1. The head of the organization performing punishment in seven-day time after receipt of the conclusion of the independent commission on questions of parole from punishment, replacement of unexpired part of punishment with milder pinishment (further - the independent commission) about circumstances of parole of the convict from punishment or the replacement of unexpired part of punishment with milder pinishment provided by parts 1.1 and 1.2 of Article 76 or part 1 of article 77 of the Criminal code of the Republic of Armenia represents question of parole of the convict from punishment or replacement of unexpired part of punishment with milder pinishment to court.";
2) in part 3:
and. exclude the words "about the petition";
. after the word "through" to add with words ", and for persons condemned on life imprisonment - in three years".
Article 2. In article 438 of the Code:
To add 1) with parts 3.1-3.7 following of content:
"3.1. The question of parole of the convict from punishment or replacement of unexpired part of punishment with milder pinishment is solved court in individual procedure within ten days from the moment of receipt of the conclusion of the independent commission with the proper notice on it of the convict, prosecutor, victim (victim's legal successor), the independent commission and the organization performing punishment.
3.2. If necessary the court can request the advisory report from Public service of probation of the Ministry of Justice of the Republic of Armenia if he was not presented to the independent commission any more.
3.3. From punishment or replacement of unexpired part of punishment with milder pinishment in court surely participate in consideration of question of parole of the convict:
1) prosecutor;
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