CDL-REF(2021)022 -6- crime concerned in another state and are subject to criminal liability in the territory of the Republic of Armenia. (Article 15 supplemented by HO-18-N of 9 February 2012) Article 16. Extradition of persons having committed a criminal offence 1. Nationals of the Republic of Armenia having committed a crime in the territory of another country shall not be extradited to another foreign country, except for cases provided for by international treaties ratified by the Republic of Armenia. 2. According to international treaties of the Republic of Armenia, foreign nationals and stateless persons having committed a criminal offence outside the territory of the Republic of Armenia and being in the Republic of Armenia may be extradited to a foreign state for subjecting to criminal liability or serving the punishment. 3. Persons specified in part 2 of this Article shall not be extradited to a foreign state, where there are good reasons to believe that extradition has been requested for inquest or punishment due to their race, religion, nationality, membership to a certain social group or political opinion. No one shall be extradited to a foreign state where there is a serious risk that he or she may be subjected to tortures or inhuman or degrading treatment or punishment. 4. Where laws of the state requesting the extradition of persons having committed a criminal offence envisage death penalty for the crime concerned, the extradition thereof may be rejected, if the requesting party does not provide sufficient guarantees to the requested party that death sentence shall not be applied. 5. In case of refusing to extradite a person having committed a criminal offence, criminal prosecution for crimes committed in the territory of a foreign state shall be carried out in accordance with the legislation of the Republic of Armenia. (Article 16 supplemented by HO-3-N of 5 February 2013) Article 17. Legal effects arising from a person's conviction outside the territory of the Republic of Armenia 1. The criminal judgement of the court of a foreign state may be taken into account when the citizen of the Republic of Armenia, foreign national or stateless person has been convicted for a criminal offence committed outside the territory of the Republic of Armenia and has repeatedly committed a crime in the territory of the Republic of Armenia. 2. In accordance with part 1 of this Article, recidivism, unserved punishment or other legal consequences of the criminal judgement of the court of a foreign state shall be taken into account when qualifying a new criminal offence, imposing a punishment, releasing from criminal liability or punishment.

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