LAW OF THE REPUBLIC OF ARMENIA

of December 18, 2007 No. ZR-270

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 November 28, 2007

Article 1. In Article 1 of the Code of penal procedure of the Republic of Armenia (on July 1, 1998, further - the Code):

1) regarding 1 after the word "Constitution" to add with words "international treaties of the Republic of Armenia,", and after words "this Code" -", the Judicial code of the Republic of Armenia";

Part 1 to add 2) with the new paragraph of the following content:

"The criminal procedure law regulations containing in other laws shall correspond to this Code".

Article 2. In article 6 of the Code:

To add 1) with Item 10.1 of the following content:

"10. 1) the court resolutions resolving case on being - sentence, the resolution on cessation of production on criminal case or the termination of criminal prosecution, the resolution on application of enforcement measures of medical nature of Trial Court, and also the court resolutions which are taken out by Appeal Court as a result of appeal appeal of these acts, court resolutions of Court of cassation in the cases provided by the law";

Item 12 to state 2) in the following edition:

"12) Trial Court – courts of law and criminal courts:

a) court of law – court who are competent to be considered on the merits of the case about crimes of small weight and average weight, and also other cases provided by the criminal procedure legislation

b) criminal court – court which considers on the merits of the case about heavy and especially serious crimes, and also other cases (materials) provided by the criminal procedure legislation";

Item 14 to state 3) in the following edition:

"14) Court of cassation – the court which, except questions of the constitutional justice, is the highest degree of jurisdiction of the Republic of Armenia, and is urged to provide the same application of the law.

In the cases established by the law, the Court of cassation considers case based on the writ of appeal";

Items 25 and 26 after the word of "police" to add 4) with words "special investigative service,", and shall be replaced with words words of "military police" in the same Items "the state authorized body in the field of defense".

To add 5) with Items 26.1 and 26.2 of the following content:

"26. 1) the leading employee of bodies of legislative, executive and judicial authority – the President of the Republic of Armenia, the Prime Minister of the Republic of Armenia, the vice-Prime Minister, deputies, the Chairman and members of the Constitutional court of the Republic of Armenia, chairmen and judges of courts of the Republic of Armenia, the chief of staff of the President of the Republic of Armenia, the chief of staff of National Assembly of the Republic of Armenia, the chief of staff of the Government of the Republic of Armenia, ministers of the Republic of Armenia, their deputies, heads of state bodies under the Government of the Republic of Armenia, their deputies, governors of the areas of the Republic of Armenia, their deputies, the mayor of Yerevan, his deputies, the Chairman and members of council of Audit Chamber of the Republic of Armenia, the Chairman and members of council of the Central bank of the Republic of Armenia, heads and members of the regulating commissions of the Republic of Armenia, the Chairman and members of Central Election Commission of the Republic of Armenia, Chairman and deputy of National statistical service of the Republic of Armenia;

26. 2) person passing the public special service - prosecutors, investigators of the state authorized body in the field of defense, officials of police (except for troops of police), homeland security (except for border troops and the armed divisions), tax, customs, criminal and executive, rescue and the bodies providing forced execution of court resolutions".

Article 3. To state article 8 of the Code in the following edition:

"Article 8. Equality before the law and court

1. All are equal before the law and court.

2. The discrimination of the rights, freedoms and obligations depending on floor, race, skin color, ethnic or social origin, genetic signs, language, religion, outlook, political or different views, accessory to ethnic minorities, property status, disability, age or personal or other circumstances of social nature is forbidden.

3. During consideration of the case everyone has the right to specify the reasons for court resolution of court of the Republic of Armenia which took legal effect on another matter with the same actual circumstances, including statutory interpretations.

4. Reasons for court resolution of Court of cassation or the European Court of Human Rights, including statutory interpretation, on the case having certain actual circumstances are obligatory for court during consideration of the case with the same actual circumstances, except for case when the last, with indication of powerful arguments, proves that they are not applicable to these actual circumstances.".

Article 4. In article 15 of the Code:

1) the offer of one part 1 to the word "criminal" to add with the words "in the Republic of Armenia";

The word "non-paid" shall be replaced with words 2) in part 2 "at the expense of public funds", and to exclude the word "all".

Article 5. To add part 1 of article 17 of the Code after the word of "party" with the words "in reasonable time".

Article 6. In part 5 of article 21 of the Code of the word "Articles 408 and 408.1" shall be replaced with words "Section 12.1".

Article 7. To state the text of article 38 of the Code in the following edition:

"Justice on criminal cases in the Republic of Armenia is performed by courts of law, criminal courts, Appeal criminal court, and also Court of cassation of the Republic of Armenia".

Article 8. To state the text of article 39 of the Code in the following edition:

"1. The court performs consideration of criminal cases and materials jointly or as a part of one judge.

2. In courts of law of case and materials are considered by the judge solely.

3. In criminal court cases are considered solely. Jointly as a part of three judges, cases on crimes for which the Criminal code prescribes the highest punishment in the form of lifelong imprisonment are considered.

4. Claims against the court resolutions resolving case on being in Appeal Court are considered jointly as a part of three judges, and the claim against the court resolutions which are not resolving case on being - solely.

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