The Ombudsman challenges the constitutionality of the provision of RA
Criminal code concerning fines and public work
Sat, 02/23/2013 – 14:32
News
On February 26, the Constitutional Court will review in written
procedure the application presented by the RA Ombudsman. Karen
Andriasyan challenges the constitutionality of 4th Section of Article
51 and 5th Section of Article 54 of RA Criminal Code.
The reporter of the case is the member of the Constitutional court
Hrant Nazaryan. The respondent is the National Assembly.
The articles in question are related to penalties and public works
related to small and medium-weight crimes.
The part 4 of the challenged Article 51 provides that in the case of
impossibility of the fine payment the court replaces the fine or the
rest of the fine with public service – 5 hours of public work for
minimum wage. If the fine is not paid or the fine replaced with public
works after the calculation result in less than two hundred seventy
hours, then hundred seventy two hours is appointed, and if it exceeds
two thousand two hundred hours, then thousand two hundred hours is
appointed.
According to part 5 of Article 54 for maliciously evading the public
works the court replaces the rest of the public work with imprisonment
or detention calculating one day of arrest equal to 3 hours of public
work.
Author:
Factinfo
From: Baghdasarian
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