LAW OF THE REPUBLIC OF ARMENIA

of May 23, 2016 No. ZR-48

About probation

Accepted by National Assembly of the Republic of Armenia on May 17, 2016

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

1. This Law regulates the purposes, tasks, the principles, bases of the organization and activities of probation, the relations connected with the alternative measures of fpresecheniye, punishments which are not connected with imprisonment, security measures, conditional non-use of punishment, release from punishment execution, purpose of probation period in case of early release from punishment, control over persons whose punishment is delayed, and with procedure for submission of the report, and features of the probation performed in the attitude towards minor subjects of probation.

Article 1.1. The body performing probation

1. In the Republic of Armenia the probation is performed by Service of probation (further - service of probation).

2. Tasks of Service of probation, basis of the organization and activities, feature of Service of probation as separate type of public service, and also power of Service of probation are determined by the Law of the Republic of Armenia "About service of probation", this Law and other legal acts.

Article 2. Legislation on probation

1. The relations connected with probation are regulated by the Constitution of the Republic of Armenia, international treaties of the Republic of Armenia, the constitutional laws, the Criminal code of the Republic of Armenia, the Code of penal procedure of the Republic of Armenia, the Penitentiary code of the Republic of Armenia, the Law of the Republic of Armenia "About service of probation", this Law and other legal acts.

Article 3. The basic concepts used in the Law

1. In this Law the following basic concepts are used;

1) probation – control over social reintegration, and also, for the purpose of safety of society, over the alternative measures of punishment applied in the procedure established by the law to the subject of probation, the punishments which are not connected with imprisonment, security measures, conditional non-use of punishment and purpose of probation period as a result of early release from punishment, release from punishment, otsrocheniye of execution of punishment and implementation of resocialization in society by means of control, the direction and assistance

2) electronic control – control by means of radio wave, biometric, satellite or other means over the location, movement and behavior of person,

3) service of probation – the authorized state body performing probation

4) serving probations – person holding position of public service in service of probation;

5) the beneficiary of probation – person to whom the probation was applied;

6) the personal record – document package about the subject of probation,

7) the database – set of electronic and paper data on personal records of subjects of probation and activities of service of probation,

8) the registration card of the subject of probation – the document containing the short information about the subject of probation

9) the report – the document containing the data represented according to this Law, service of probation about the subject of probation

10) primiritelstvo – negotiations which purpose is conciliation of the subject of probation and the victim,

11) ceased to be valid according to the Law of the Republic of Armenia of 31.07.2023 No. ZR-253

12) the plan of control – the document which establishes the actions of the subject of probation which are subject to control and terms of their accomplishment, the right and obligation, and also, if necessary, the actions and programs which are carried out on resocialization of person (action for resocialization)

13) resocialization – set socially - psychological works, actions and programs, processes on rendering legal and psychological assistance, reintegration in society and to forming of law-abiding behavior,

14) estimation of risks and needs – identification of the reasons of the committed or presumably made by the subject of probation act and planning of such measures which will give probability of reduction of repeating of the committed or presumably committed crime,

15) ceased to be valid according to the Law of the Republic of Armenia of 10.07.2023 No. ZR-210

Article 4. Probation purposes

1. The purposes of probation are:

1) implementation of the actions directed to prevention of possible illegal behavior of the person accused during criminal proceedings and to ensuring accomplishment of the obligations assigned to it by court by means of ensuring execution of alternative measures of restraint

2) recovery of social justice in relation to person found guilty for crime, by means of application appointed court resolution of punishment and other enforcement measures, resocialization of the punished person, and to minor subjects of probation – also ensuring its normal physical and psychological development, his education and protection against negative impact of other persons,

3) ensuring public safety – by means of the prevention and reducing recurrent crime,

4) conciliation of the subject of probation and victim (victim's legal successor),

5) assistance to implementation of criminal justice,

2. Voided according to the Law of the Republic of Armenia of 27.12.2023 No. ZR-423

Chapter 2. Principles of probation

Article 5. Principle of differentiation and individualization

1. For the solution of the tasks provided by this Law, the service of probation distinguishes the identity of each subject of probation, develops the individual program for its resocialization and promotion of law-abiding behavior, considering the committed crime and social psychological state of person, and also the best interests of minor subjects of service of probation. Ensuring the best interests of the minor subject of probation is directed on effective and complete realization of the rights, and also to development of the minor subject, considering intellectual and physical needs of the minor subject, availability of the corresponding leaving for satisfaction of these requirements, importance of communication with parents and other family members for development of the minor subject, and also cultural, language, spiritual or religious ties and education of the minor subject and value in the family circle and other needs and requirements.

Article 6. Principle of combination

1. The punishment and other enforcement measures applied to the subject of probation can be combined with other provided measures directed to resocialization of person.

Article 7. Cooperative principle

1. Activities of service of probation are based on cooperation with state bodies, local government bodies, public and other organizations.

2. State bodies and local government bodies and officials within the competences help service of probation during realization of tasks of the last.

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