THE ISSUE OF THE CONSTITUTIONALITY OF THE REGULATION OF THE CRIMINAL CODE OF RA REGARDING THE RETROACTIVE EFFECT OF THE LAW ON MITIGATING THE PUNISHMENT

Abstract

This article presents the new regulation regarding the retroactive effect of the law on mitigating the punishment provided for in Article 9, Part 3 of the RA Criminal Code adopted on May 21, 2021. In particular, it is shown that the mentioned legal norm showed a differentiated approach. In one case, the new law mitigating the punishment is extended to those persons regarding whom, after the entry into force of the new code, there is still no legally effective final judicial act. In the other case, when the final judicial act, for example, the verdict has entered into legal force, the law mitigating the punishment has retroactive effect only when the punishment imposed by that verdict is more severe than the maximum threshold of punishment established for the same act under the new code, or imposed the type of punishment is more severe.

In addition, the article shows the interpretations of the RA Court of Cassation and the Constitutional Court given to the mentioned principle. Then the contradiction between the latter and the regulation provided by Article 72 of the RA constitution is shown. Finally, to solve the said contradiction, a legislative proposal is presented in the article.