of September 30, 2019 No. ZR-155
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 September 13, 2019
Article 1. Part 2 of Article 379 of the Code of penal procedure of the Republic of Armenia of July 1, 1998 (further - "Code") to recognize invalid.
Article 2. To add part 2 of article 380 of the Code with the new offer of the following content: "The Appeal Court based on the petition of person who made the complaint owing to the right considers the missed term valid if person who made the complaint proves that from the moment of receipt of court resolution appeal terms did not expire.".
Article 3. In article 381 of the Code:
Part 2 to state 1) in the following edition:
"2. The Appeal Court returns the petition for appeal if it does not conform to the requirements established by Items 1-4 and 6-8 of part of 1 this Article.";
To add 2) with parts 2.1-2.3 following of content:
"2.1. The Appeal Court leaves the petition for appeal without consideration if:
1) the petition for appeal was provided with violation of the requirements established by Items 5 and 5.1 of part of 1 this Article;
2) the petition for appeal was provided after fixed term, and the petition for recovery of the missed term is absent or was rejected;
3) the petition for appeal was provided by person who did not have the right to represent the petition for appeal;
4) the court resolution which is not subject to appeal in appeal procedure is appealed;
5) person which provided the petition for appeal before decision about adoption of the petition for appeal to production submitted the application for withdrawal of the petition for appeal;
6) the Appeal Court already made the decision on the same matter on the basis specified in the claim;
7) the claim was provided with violation of the requirement of Article 375.4 of this Code;
8) the shortcomings specified in the decision on return of the petition for appeal are not eliminated, or in case of repeated submission of the claim new shortcomings are allowed.
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