-3Article 5.
CDL-REF(2021)022
Principle of legality
1. The criminality of an act, its punishability and other criminal law effects shall be determined
only by the criminal statute.
2. Application of the criminal statute by analogy shall be prohibited.
Article 6.
Principle of equality before the law
Persons having committed a criminal offence shall be equal before the law and shall be subject
to criminal liability, irrespective of gender, race, colour, ethnic or social origin, genetic features,
language, religion, world outlook, political and other views, membership to national minority,
property status, birth, disability or other circumstances of personal or social nature.
(Article 6 edited by HO-3-N of 5 February 2013)
Article 7.
Principle of inevitability of liability
1. Each person having committed a criminal offence shall be subject to punishment or other
criminal–law enforcement provided for in the Criminal Code of the Republic of Armenia.
2. Release from criminal liability and punishment shall be available only in case of grounds
and conditions provided for in the Criminal Code of the Republic of Armenia.
Article 8.
Principle of personal liability
A person shall be subject to criminal liability only for the criminal offence committed by himself
or herself.
Article 9.
Principle of fault-based liability
1. A person shall be subject to criminal liability only for action or inaction dangerous to the
public and for consequences — dangerous to the public — in respect of which his or her guilt
is established by the competent court.
2. Objective incrimination, i.e. criminal liability for causing harm without guilt, shall be
prohibited.
Article 10.
Principle of individualisation of justice and liability
1. Punishment and other criminal-law enforcement measures applied to a person having
committed a criminal offence must be fair, i.e. appropriate to the gravity of criminal offence,
circumstances under which it has been committed, personality of the criminal, must be
necessary and sufficient to correct him or her and prevent new crimes.
2. It shall be forbidden to try a person twice for the same crime.
(Article 10 amended by HO-97-N of 9 June 2004)