Does the Criminal Law have a Retrospective Effect?

Pursuant to the Constitution of the Republic of Armenia, no one shall be held guilty for a crime on account of any act which did not constitute a crime under the law in effect at the time when it was committed.

 

Imposing of a heavier punishment than the one prescribed by the law in effect at the time when the crime was committed shall be prohibited.

 

The law adjudicating or enhancing liability has no retrospective effect.

 

Whereas the law removing or extenuate the punishment has retrospective effect.

 

Pursuant to the Criminal Code of the Republic of Armenia, the law eliminating the criminality of the act, mitigating the punishment or improving the status of the criminal in any way, has retroactive effect, i.e., this law is extended to the persons who committed this act before this law had taken effect, including those persons who are serving the punishment or served the punishment, but have a record of conviction.

 

The law stipulating the criminality of the act, making the punishment more severe or worsening the status of the criminal in any other way, has no retroactive effect.

 

The law partially mitigating the punishment and, in the meantime, partially making the punishment more severe has retroactive effect only in respect to the part which mitigates the punishment.

 

Source: Iravaban.net

 

 

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