New alternative measures of restraint

The new Criminal Procedure Code of the Republic of Armenia, which enters into force on July 1, 2022, provides for new alternative measures of restraint, which have not been applied in the Republic of Armenia before. These are:

  1. home arrest
  2. administrative supervision

Only the court shall apply these measures of restraint.

Home arrest is a restriction on the accused freedom, during which he/she shall not leave the place of residence specified in the court decision.

According to the court decision, the accused can also be prohibited

1) to have correspondence, telephone conversations, use other communications,

including postal communications;

2) to communicate with certain persons or host other persons at his place of residence.

The court decision on the application of home arrest shall specify the special restrictions that apply to the accused as well as the competent authority entrusted with the supervision over the compliance of these restrictions.

The restriction on telephone conversations shall not apply to cases of calling an ambulance, law enforcement or emergency services, or contacting a supervising body. The accused shall immediately be informed about it by the supervising body.

The supervision over the behavior of the accused by the court decision shall be implemented by the use of special electronic devices in accordance with the legislation of the Republic of Armenia. The accused shall be obliged to always wear the mentioned electronic device of control, not to damage it, as well as to respond to the supervising signals of the competent body.

One day of home arrest is equal to one day of detention.

Administrative supervision is the restriction on the accused freedom of movement and action, under which he/she is obliged to register in the competent body of the place of residence mentioned in the court decision not more than three times a week.

By the court decision, the accused can also be prohibited

  1.  to change the place of permanent or temporary residence – the community, and the administrative district in the city of Yerevan without the permission of the body implementing the proceedings;
  2. to visit certain places mentioned in the decision;
  3. o communicate with certain persons;
  4. to leave his residence at certain times of the day, but not more than 12 hours.

The health of the accused, as well as his / her working or training conditions, shall be taken into account in determining the mentioned barriers.

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