Consideration As A Criminal Sanction

Abstract

In the list of types of liability traditionally distinguished in the legal system of Armenia, procedural, including criminal, liability was not included. The 1998 edition of the RA Criminal Procedure Code also lacked the concepts of “criminal liability” or “judicial sanction”, but separate procedural norms contained procedural liability measures. When judicial sanctions were first introduced into the judicial system of the Republic of Armenia, the reprimand type sanction was identified with a warning in a certain content sense. Thus, on 21.02.2007 The concept of “judicial sanction” was established for the first time by the RA Judicial Code. On the same day in 1998 RA Cr. judge Or. was supplemented by Article 314.1, which included the warning in the system of judicial sanctions. 07.02.2018 In the RA Judicial Code, the warning as a judicial sanction was replaced by a reprimand; however, along with the “reprimand” judicial sanction, the same law also provided a provision on warning about the jurisdiction to apply a judicial sanction, according to which the judge warns in an understandable manner about the jurisdiction of the court to apply a judicial sanction, if necessary. as well as clarification of the grounds and consequences of applying a judicial sanction (Part 2 of Article 49 of the RA Judicial Code). It is obvious from the mentioned wording that the warning is not a judicial sanction in terms of content, but a clarification about the possibility of applying a judicial sanction, a warning is an act preceding the application of a judicial sanction. Already adopted in 2021 by the RA Court: a separate chapter on procedural sanctions was provided. With that, the reprimand was also included in the system of procedural sanctions, which, as a more or less new procedural sanction, needs to be studied from the point of view of the most effective interpretation in legal practice.