ՏՈՒԺՈՂԻ ԵՎ ՀԱՆՑԱՆՔ ԿԱՏԱՐԱԾ ԱՆՁԻ ՀԱՇՏՈՒԹՅԱՆ ԻՐԱՎԱԿԱՆ ԿԱՐԳԱՎՈՐՄԱՆ ԱՐԴԻ ՀԻՄՆԱՀԱՐՑԵՐԸ

Abstract

This research is dedicated to the current legal issues surrounding the institution of exemption from criminal liability based on the reconciliation between the victim and the perpetrator. Despite the principle of the inevitability of punishment and criminal liability, subjecting a person to criminal liability is not always expedient in practice; therefore, state coercion should be applied only as an exceptional and extreme measure. Following the introduction of the new Criminal Code of the Republic of Armenia, statistics show a significant increase in the number of proceedings terminated due to reconciliation, rising from 6.1% to 33.3%. At the same time, practical application has revealed issues where conflicting interpretations hinder the formation of a unified legal practice. The study substantiates the inadmissibility of exemption from criminal liability based on reconciliation in the context of domestic violence, emphasizing the justification of the policy adopted by the legislature. However, considering the amendments that entered into force on July 1, 2024, to the Law of the Republic of Armenia “On the Prevention of Domestic and Household Violence and Protection of Persons Subjected to Domestic and Household Violence,” which expanded the scope of protection to include household violence, Article 82 of the Criminal Code of the Republic of Armenia has become inadequate. To address this issue, it is proposed to replace the term “domestic violence” (ընտանիքում բռնություն) with “family and household violence” (ընտանեկան և կենցաղային բռնություն) in Article 82 of the Criminal Code of the Republic of Armenia and Article 11, Part 4, Clause 1 of the Criminal Procedure Code of the Republic of Armenia. This amendment will ensure legislative consistency, provide equal legal protection for individuals, and contribute to the formation of a unified law enforcement practice.