Current Issues Related To The Release From Liability Based On The Reconciliation Between The Victim And The Offender

Abstract

Relevance and expediency: Reconciliation between the victim and the offender as a ground for release from criminal liability envisaged by Article 82 of the Criminal Code of the Republic of Armenia was studied in the scope of this work. The abovementioned ground for release from criminal liability was envisaged by the RA Criminal Code adopted on April 18, 2003, for the first time, and more detailed regulations of the application of the mentioned ground was envisaged by the Criminal Code adopted on May 5, 2021. Meanwhile it can be stated that questions arise in the course of application of the mentioned ground the answers whereto are not provided by the current legislation or by the RA judicial practice. Particularly— what is reconciliation, can the offender committing a combined crime be released from the criminal liability based on the discussed ground, is the release from liability based on the reconciliation with the victim the right or the obligation of the law enforcement authority? The abovementioned question as well as many other questions which are addressed in this work, require solutions, conditioned by the necessity of application of criminal legal basis. The Purpose of the Article: The study of criminal and legal issues related to the reconciliation between the victim and the offender as a ground for release from criminal liability. Results։ The author provided the definition of reconciliation, revealed practical issues regarding the application of the term “first-time offender”, proved the issues regarding the limited application of the ground envisaged by Article 82 (5) of the RA Criminal Code. Practical and theoretical significance of the results: The theoretical significance is that the results shall serve as a theoretical ground for further studies and the practical significance is that it can be used for the improvement of criminal legislation and for shaping a practice.