584 individuals who committed serious and particularly serious crimes have been released from criminal liability on the basis of active repentance.
It should be reminded that the institution of release from criminal liability on the basis of active repentance had for years applied only to minor and medium-gravity crimes. However, on July 12, 2023, amendments were made to Article 81 of the Criminal Code, after which individuals accused of committing serious and particularly serious crimes may also be released from criminal liability on the basis of active repentance, provided there are “exceptional factors.”
The law also introduced restrictions on the application of this institution to certain types of crimes, such as genocide, trafficking, espionage, etc. The problematic issue, however, is that the list does not include murder, crimes against sexual inviolability, high treason, as well as the article on child trafficking—which is even more serious than trafficking. From the outset, these legislative changes were not unequivocally accepted. Professionals argued that applying this mechanism to serious and particularly serious crimes is not justified as a means of reducing the workload of investigative bodies and courts. There were also concerns about potential contradictions with Armenia’s international obligations, dual approaches, high corruption risks, violations of victims’ rights, the possible rise of impunity, crime rates, and even incidents of vigilantism. It is worth recalling PACE Resolution 1675 (2009), “The Necessity to Eradicate Impunity,” which states that all individuals responsible for serious human rights violations must be held accountable. The Council of Europe notes that combating impunity for serious human rights violations is a priority both for the CoE and all national and international law-enforcement bodies. Impunity must be eliminated both as an issue of individual justice and as a mechanism for preventing future violations.
Nevertheless, statistical data show that the active repentance mechanism has been applied mostly to serious and particularly serious crimes. It remains unclear what “exceptional factors” applied in 584 cases over 2.5 years. According to information provided by the RA Prosecutor General’s Office in response to written questions from “Pastinfo,” in the second half of 2022, 30 people were released from criminal liability under Article 197 of the Criminal Procedure Code on the basis of active repentance—24 for minor crimes and 6 for medium-gravity crimes. In 2023, 236 people were released—63 for minor, 52 for medium-gravity, 119 for serious, and 2 for particularly serious crimes. In 2024, 779 people were released—120 for minor, 223 for medium-gravity, 431 for serious, and 5 for particularly serious crimes. In the first half of 2025, 106 people were released—26 for minor, 53 for medium-gravity, and 27 for serious crimes.
It remains unclear which sections of the Criminal Code most of the individuals released on the basis of active repentance for serious and particularly serious crimes had been charged under, as the Prosecutor’s Office did not provide these details.
According to publicly available data as of January 2024, the overwhelming majority of such cases concerned crimes against military service order: out of 184 individuals accused of serious and particularly serious crimes who were released on the basis of active repentance, 182 were charged with committing crimes against military service order.