New "Proceedings to impose fine upon consent" has been introduced; it will be applied against persons committing a criminal offence for the first time

12/02/2024

President of the Republic of Armenia Vahagn Khachaturyan has signed the package of laws on making amendments and supplements to the Criminal and Criminal Procedure Codes. The Law, which has entered into force, introduces the new "Proceedings for imposing a fine upon consent", regulates the form of and procedure for issuance of the document — confirming the disease hindering participation of the particular person in the procedural action or court session — for the Minister of Health to prescribe. Thus,

  1. Starting from 6 February 2024, during preliminary investigation, upon the consent of the accused, with the guilty verdict rendered by the court through the written procedure, the minimum amount of fine provided for by the sanction in the relevant Article of the Special Part of the Criminal Code shall be imposed, without imposing additional punishment and security measure.
  2. The proceedings for imposing a fine upon consent shall apply in the criminal cases of the persons being investigated through public charge who have committed a criminal offence for the first time.
  3. The criminal offence for application of the proceedings must be a criminal offence of minor gravity, and the interests of the private person must not have been damaged by the criminal offence.
  4. This type of proceedings will cut the workload of courts from the criminal cases regarding criminal offences of minor gravity.
  5. Prescribing the form and procedure for issuance of a document confirming the disease hindering the participation of the person in the procedural action or court session will help to solve the problems of the needless delays of case examinations and the abuses of proceedings on the part of private participants.

The legislative reforms were made within the scope of monitoring conducted upon entry into force of the new Criminal, Criminal Procedure and Penitentiary Codes during which the main problems that emerge more often in practice, were identified.