LAW OF THE REPUBLIC OF ARMENIA

of December 29, 2008 No. ZR-237

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 December 26, 2008

Article 1. Of July 1, 1998 (further - the Code) to exclude the words "or to the accredited lawyer" from Item 33 of Article 6 of the Code of penal procedure of the Republic of Armenia.

Article 2. To state part 5 of article 39 of the Code in the following edition:

"5. The court of cassation resolves issue of acceptance in production of the writ of appeal jointly as a part of the chairman and at least three judges of criminal chamber of Court of cassation. The writ of appeal is considered accepted in production if most of the judges who are present at meeting voted for it. The court of cassation considers the writs of appeal accepted in production jointly as a part of the chairman and at least three judges".

Article 3. Regarding 1 article 376 of the Code of the word 376 "Item 2" shall be replaced with words "Items 2 and 2.1".

Article 4. To add article 376.1 of the Code with Item 2.1 of the following content:

"2. 1) the court resolutions of Trial Courts which took legal effect resolving case on being - on again opened and new circumstances;".

Article 5. To add part 1 of article 379 of the Code with Item 2.1 of the following content:

"2. 1) in case, stipulated in Item 2.1 Articles 376.1 of this Code, - in the terms established by Articles 426.3 and 426.4 of this Code".

Article 6. To state article 380.1 of the Code in the following edition:

"Article 380.1. Bases of bringing of the writ of appeal

1. The bases of bringing of the writ of appeal are:

1) miscarriage of justice – such violation of substantive or procedural law which could affect the outcome of the case;

2) the opened again or new circumstances".

Article 7. To add Item 5.1 of part 1 of article 381 of the Code after the word "reasons" with words "or what bases of reconsideration of the case owing to again opened or new circumstances".

Article 8. To add article 395 of the Code with part 2 following of content:

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