Hate crime legislation in Armenia

Criminal Code of the Republic of Armenia

(adopted on 5 May 2021, in force since 1 July 2022; excerpts)


Article 71: Circumstances aggravating criminal liability or punishment

1. Circumstances aggravating criminal responsibility or punishment are:

(…)

6) crimes committed motivated by hatred, intolerance or hostility based on racial, national, ethnic or social origin, religion, political or other views or other personal or social circumstances

(…)

2. When imposing a sentence, the court may not take into account other circumstances not envisaged by in paragraph one of this Article as an aggravating circumstance.

3. If any of the circumstances mentioned in paragraph one of this very same article is envisaged by the relevant article of the Special Part of this very same code as a feature of a crime, it shall not again be considered as an aggravating circumstance of liability or punishment.

 

Article 155: Murder

1. Murder i.e. the unlawful taking of the life of another, is punishable by eight to fifteen years of imprisonment.

2. Murder

(…)

15) motivated by hatred, intolerance or hostility based on racial, national, ethnic or social origin, religion, political or other views or other personal or social circumstances

(…)

Is punishable by fourteen to twenty years of imprisonment or life imprisonment.

 

Article 166: Infliction of heavy damage to one’s health

1. Inflicting bodily injury on another or causing other damage to their health

(…)

Is punishable by three to seven years of imprisonment

(…)

3. The act envisaged by paragraph one of this very same article

15) motivated by hatred, intolerance or hostility due to racial, national, ethnic or social origin, religion, political or other views or other personal or social circumstances

(…)

Is punishable by five to ten years of imprisonment.

 

Article 167: Infliction of moderate damage to one’s health

1. Inflicting bodily injury to another or any other damage to their health that is not life-threatening and has not caused the consequences envisaged by article 166 of this very same code

(…)

Is punishable by up to three years of restriction of liberty, or up to two months of short-term imprisonment, or up to three years of imprisonment.

2. The act envisaged by paragraph one of this very same article

(…)

15) motivated by hatred, intolerance or hostility due to racial, national, ethnic or social origin, religion, political or other views or other personal or social circumstances

(…)

Is punishable by two to five years of imprisonment.

 

Article 191: Kidnapping of a person

1. Kidnapping a person i.e. transferring a person to another place against their will or by ignoring their will or by taking advantage of their helpless state, provided that the features of the crime envisaged by article 315 of this very same code are missing is punishable by two to five years of imprisonment.

2. The act envisaged by paragraph one of this very same article

(…)

9) motivated by hatred, intolerance or hostility due to racial, national, ethnic or social origin, religion, political or other views or other personal or social circumstances is punishable by four to eight years of imprisonment.

 

Article 192: Unlawful deprivation of liberty

1. Unlawful deprivation of liberty of a person provided that the features of the crimes envisaged by articles 188, 189, 191 or 315 of this very same code is punishable by a fine of up to twenty times the minimum wage, or up to two years of restriction of liberty, or by up to two months of short-term imprisonment, or up to two years of imprisonment.

2. The act envisaged by paragraph one of this very same article

(…)

10) motivated by hatred, intolerance or hostility due to racial, national, ethnic or social origin, religion, political or other views or other personal or social circumstances is punishable by two to five years of imprisonment.

 

Article 194: Mental Abuse

1. Threats of murder, damage to health, torture, crimes against sexual freedom or immunity, kidnapping, unlawful deprivation of liberty or destruction of property in a large or particularly large quantity, provided that there has been a real possibility to realize said threat, as well as social isolation or constant humiliation of honor and dignity is punishable by up to twenty times the minimum wage, or by up to one year of restriction of liberty, or by up to one month of short-term imprisonment.

2. The act envisaged by paragraph one of this very same article

(…)

8) motivated by hatred, intolerance or hostility based on racial, national, ethnic or social origin, religion, political or other views or other personal or social circumstances is punishable by a fine of ten to thirty times the minimum wage, or up to two years of restriction of liberty. Or up to two months of short-term imprisonment.

 

Article 195: Physical abuse

1. Attacking or committing other acts of violence, provided that the consequences envisaged by article 171 of this very same code are absent, is punishable by a fine of up to twenty times the minimum wage, or by eighty to one hundred and fifty hours of community service, or by up to one year of restriction of freedom, or by up to one month of short-term imprisonment.

2. The act envisaged by paragraph one of this very same article

(…)

10) motivated by hatred, intolerance or hostility based on racial, national, ethnic or social origin, religion, political or other views or other personal or social circumstances is punishable by a fine of ten to thirty times the minimum wage, or by hundred to two hundred hours of community service, or by up to two years of restriction of liberty, or by up to two months of short-term imprisonment.

 

Article 196: Inflicting severe physical pain or severe mental suffering

1. Inflicting severe physical pain or mental suffering to a person, provided that it has not caused the consequences envisaged by articles 166 or 167 of this very same code, and if the features of the crime envisaged by article 450 of this very same code are absent is punishable by up to three years of imprisonment.

2. The act envisaged by paragraph one of this very same article

(…)

8) motivated by hatred, intolerance or hostility based on racial, national, ethnic or social origin, religion, political or other views or other personal or social circumstances is punishable by three to seven years of imprisonment.

 

Article 264: Causing destruction or damage to property

1. Destroying or damaging someone else's property by causing large-scale property damage is punishable by a fine of ten to thirty times the minimum wage, or by hundred to two hundred hours of community service, or by one to three years of restriction of liberty, or by one to two months of short-term imprisonment, or by up to three years of imprisonment.

2. The act envisaged by paragraph one of this very same article

(…)

4) motivated by hatred, intolerance or hostility based on racial, national, ethnic or social origin, religion, political or other views or other personal or social circumstances

(…)

Is punishable by three to six years of imprisonment.

 

Article 305: Desecration of a corpse

1. Desecrating a corpse i.e. defiling the corpse, to exhuming it unlawfully, taking its clothes or other items on it, or desecrating the memory of the deceased in any other way is punishable by a fine of up to twenty times the minimum wage, or by eighty to one hundred and fifty hours of community service, or by up to two months of short-term imprisonment, or by up to two years of imprisonment.

2. The act envisaged by paragraph one of this very same article

1) motivated by hatred, intolerance or hostility based on racial, national, ethnic or social origin, religion, political or other views or other personal or social circumstances

(…)

Is punishable by one to four years of imprisonment.

 

Article 306: Desecration of a grave

1. Destroying, damaging or desecrating the burial place or the structure or object on the grave is punishable by a fine of ten to thirty times the minimum wage, or by hundred to two hundred hours of community service, or by up to two months of short-term imprisonment, or by up to three years of imprisonment.

2. The act envisaged by paragraph one of this very same article

1) motivated by hatred, intolerance or hostility based on racial, national, ethnic or social origin, religion, political or other views or other personal or social circumstances

(…)

Is punishable by two to five years of imprisonment.

 

Article 330. Public Calls for Violence, Publicly Justifying or Advocating Violence, as well as Disseminating Materials or Objects for That Purpose

1.    Public call for violence, publicly justifying or advocating such violence towards a person or a group of persons based on racial, national, ethnic or social origin, religion, political or other views, or other personal and social circumstances, as well as disseminating material or object for that purpose, if elements of criminal offences established in Articles 136, 151, 313, 328, 329 or 422 of this Code are absent— shall be punished by a fine in the maximum amount of ten-fold, or public works for maximum one hundred hours, or restriction of liberty for a term of maximum one year, or short-term imprisonment for a term of maximum one month, or imprisonment for a term of maximum one year.

2.    The act prescribed for in Part 1 of this Article, committed by:

1)      a group of persons with a prior agreement;

2)      use of official or service powers or influence conditioned thereof, or

3)      the use of publicly displayed creative works, mass media or information or communication technologies

—shall be punished by a fine in the amount of ten-fold to thirty-fold, or public works for a term of one hundred to two hundred hours, or deprivation of the right to hold certain positions or exercise certain activities for a term of two to five years, or restriction of liberty for a term of maximum two years, or short-term imprisonment for a term of maximum two months, or imprisonment for a term of maximum three years.