ArmInfo. The Parliament of Armenia approved the draft amendments to the Criminal Code and a package of related laws that regulate issues related to the conditional early release of prisoners or the commutation of the sentence in the second and final reading on May 23.
According to Deputy Minister of Justice of the Republic of Armenia Suren Krmoyan, the amendments are aimed at bringing the current legislation of the country in compliance with the requirements of the RA Constitution. Since the authority of the RA President on early release or mitigation of the term of punishment has changed, the system for resolving this issue is also changing. From now on, the issues of early release or mitigation of the sentence will be dealt with by an independent commission. Conceptual approaches to the solution of this issue are changing. In particular, it is proposed to introduce two more services - the penal correction and the probation service, which will deal with parole. When submitting an application from a convicted person, both services in parallel mode and independently from each other will have to conduct research on the behavior of the prisoner, assess the risks of committing repeated crimes in the future. In the event that both services issue a positive opinion, the matter is transferred to the court. If there is a negative opinion from one of the services, the prisoner will have the right to demand consideration of the matter in court. And if there are negative conclusions from both structures, the prisoner in court will have the opportunity to challenge these decisions.
The official recalled that under the current legislation, without the consent of the convict, they could begin the process of early release, which meant that the convicted person did not have the right to freely express his position in this particular process. "This leads to the fact that the convicted person does not appear at court hearings, and after the release there is a problem with the performance of the duties assigned to him," the Deputy Minister of Justice stressed. According to Suren Krmoyan, the President of Armenia previously determined the order and authority for the formation of independent bodies of early release, and now this right is transferred to the executive branch.