Steps for application of the Law ''On amnesty''; the Law having entered into force today

Dear compatriots,

Today, the Law ''On declaring amnesty for persons having evaded regular military
call-up of compulsory military or alternative service'' entered into force. We would like to remind that amnesty is applicable to the persons of private staff of the reserve having attained the age of 27 and the officer staff of the reserve having attained the age of 35 as of now, who evaded compulsory military or alternative service and are suspected, accused or were convicted for committal of criminal offences of evading regular military call-up of compulsory military or alternative service prescribed by part 1 or part 3 of Article 327 of the Criminal Code of the Republic of Armenia (only if the act provided for by part 1 of the same Article was committed during marital law).

In order to make application of the Law ''On amnesty'' more vivid and predictable for our compatriots, we present some practical explanations below: 

1.       Where you are on the wanted list, and detention is chosen as a measure of restraint to be imposed on you:

it is necessary to enter the territory of the Republic of Armenia
(up to 31 December 2021 inclusive);

you will, upon entry, be placed under custody and presented before the body conducting proceedings;

the body conducting proceedings will, within a short period of time, settle the issue of lifting or changing the measure of restraint imposed on you, and you will accordingly have the opportunity to be released from custody and be in liberty;

in case of compliance with the requirements of the Law ''On amnesty'', the competent body will apply amnesty to you.

2.     Where you are serving the punishment in a penitentiary institution, the issue of applying the Law ''On amnesty'' to you will be settled by the head of the relevant penitentiary institution of the Ministry of Justice of the Republic of Armenia.

3.     Where you have been convicted to punishment other than deprivation of liberty (such as imposition of fines) or have been conditionally early released from serving the punishment, and surveillance is carried out over your conduct, the Probation Service of the Ministry of Justice of the Republic of Armenia will settle the issue of applying the Law ''On amnesty'' to you.

4.     Where the case concerning you is pending before the Court of First Instance of General Jurisdiction of the Republic of Armenia or the Criminal Court of Appeal of the Republic of Armenia, but was not examined before the entry into force of the Law ''On amnesty'' or was examined without the judgment having entered into legal force, the issue of applying the Law ''On amnesty'' to you will be settled by the Court of First Instance of General Jurisdiction of the Republic of Armenia and the Criminal Court of Appeal of the Republic of Armenia, respectively.

5.     Where you have been granted conditional non-application of punishment, or where serving of the punishment has been postponed, the issue of applying the Law ''On amnesty'' to you will be settled by the court upon the motion of the competent authority carrying out surveillance over your conduct.

6.     Where the appeal on points of law in your case has been accepted for proceedings in the Court of Cassation of the Republic of Armenia, the issue of applying the Law ''On amnesty'' to you will be settled by the Court of Cassation of the Republic of Armenia.

7.     Where you have been convicted by the courts of the Republic of Armenia, but are serving your punishment outside the borders of the Republic of Armenia, the issue of applying the Law ''On amnesty'' to you will be settled by the Criminal Court of Appeal of the Republic of Armenia.

*      In each case of the situations described, amnesty will be applied to you only in case of compliance with the requirements of the Law ''On amnesty''.

According to the Law ''On amnesty'', amnesty shall not be applied:

(1)    to persons having been on the wanted list prior to the entry into force of the Law, except for persons who will, by 31 December 2021 inclusive, voluntarily appear before criminal prosecution bodies in person, and where the case is in the proceedings of the court — before the court;

(2)    to persons, in case whereof during the last ten years:

a.     the punishment imposed has been commuted on the basis of decree of the President of the Republic of Armenia on granting pardon or the Law ''On declaring amnesty'' or the amnesty act of the National Assembly and who may, thereafter, be accused or are accused under part 1 or part 3 of Article 327 of the Criminal Code of the Republic of Armenia or have been convicted for committal of the criminal offence provided for by part 1 or part 3 of Article 327 of the Criminal Code of the Republic of Armenia; or

b.     have been released from serving the punishment on the basis of decree of the President of the Republic of Armenia on granting pardon or the Law ''On declaring amnesty'' or the amnesty act of the National Assembly and who may, thereafter, be accused or are accused under part 1 or part 3 of Article 327 of the Criminal Code of the Republic of Armenia or have been convicted for committal of the criminal offence provided for by part 1 or part 3 of Article 327 of the Criminal Code of the Republic of Armenia; or

c.     have not been subjected to criminal prosecution, or criminal prosecution has been terminated on the basis of the Law ''On declaring amnesty'' or the amnesty act of the National Assembly, and who may, thereafter, be accused or are accused under part 1 or part 3 of Article 327 of the Criminal Code of the Republic of Armenia or have been convicted for committal of the criminal offence provided for by part 1 or part 3 of Article 327 of the Criminal Code of the Republic of Armenia; or

(3)    to persons having committed the criminal offence provided for by part 1 or part 3 of Article 327 of the Criminal Code of the Republic of Armenia during the probation period prescribed upon the ground of conditional early release from punishment or conditional non-application of punishment imposed in another case.