Constitution of the Republic of Armenia (1995, as amended 2015) (excerpts related to Fair Trial (Right to a)) (English)
CONSTITUTION OF THE REPUBLIC OF ARMENIA
(Adopted by referendum on July 5, 1995.
Amendments to the Constitution were made by referendums on November 27, 2005 and
December 6, 2015)
Article 62. Right to Compensation for Damage
1. Everyone shall have the right to compensation for damage inflicted by the unlawful actions
or inaction of state and local self-government bodies and officials, and in cases stipulated by
law, also by lawful administration. The conditions and procedure of compensation for
damage shall be stipulated by law.
2. If a person, who is convicted by a court judgment that has entered into legal force for
committing a crime, has been acquitted on the ground that a new or newly-discovered
circumstance proves that such conviction was unlawful, the person shall have the right to
receive compensation in accordance with law, unless it is proven that the discovery of such
circumstance back in time depended fully or partially on such person.
Article 63. The Right to a Fair Trial
1. Everyone shall have the right to a fair and public hearing of his case within a reasonable
period by an independent and impartial court.
2. In the cases and manner stipulated by law, the court proceedings or a part thereof may be
held in camera by a court decision with the aim of protecting the private life of the
participants of proceedings, the interests of minors or the interests of justice, as well as state
security, the public order, or morals.
3. The use of evidence obtained in violation of fundamental rights or evidence undermining
the right to a fair trial shall be prohibited.
Article 64. The Right to Receive Legal Aid
1. Everyone shall have the right to receive legal aid. In cases stipulated by law, legal aid shall
be provided at the expense of state funds.
2. With the aim of ensuring legal aid, the activities of a bar based on independence, selfgovernance,
and equality of advocates shall be guaranteed. The status, rights, and
obligations of advocates shall be stipulated by law.
Article 65. The Right to Be Exempted from the Duty to Testify
No one shall be obliged to testify about himself, his spouse, or his close relatives, if it can be
reasonably presumed that it may subsequently be used against him or them. The law may
stipulate other cases of exemption from the duty to testify.
Article 66. The Presumption of Innocence
A person accused of a crime shall be presumed innocent until his guilt is proven in the
manner stipulated by law by a court judgment that has entered into legal force.
Article 67. The Right to Defend Oneself from Charges
Everyone charged with a crime shall have:
1) The right to be informed promptly, in a language which he understands and in detail, of the
nature and cause of the charge.
2) The right to defend himself or to be defended through an advocate of his choosing;
3) The right to have adequate time and facilities to prepare his defense and to communicate
with the advocate of his choosing.
4) The right to examine or to have examined the persons that testify against him, and right to
have persons testifying in his favor to be summoned and examined on the same conditions
as persons that testified against him;
5) The right to be assisted by a translator free of charge in case he does not have a
command of Armenian.
Article 68. The Prohibition of Being Tried Twice
1. No one may be tried twice for the same act.
2. The provisions of Paragraph 1 of this Article shall not prevent the review of a case in
accordance with law when new or newly-discovered circumstances are present, or when
there were fundamental shortcomings in the case proceedings, which could have affected
the outcome of the case.
Article 69. The Right of a Convicted Person to Appeal
Everyone convicted for committing a crime shall have the right to have the court judgment
rendered in respect of him to be reviewed by a higher judicial instance based on the grounds
and in the manner stipulated by law.
Article 70. The Right to Request a Pardon
Every convict shall have the right to request a pardon, including the right to request
mitigation of the imposed sentence. Details shall be stipulated by law.
Article 71. The Principle of Guilt and the Principle of Proportionality of Punishment
1. The basis for punishing a person who committed a crime shall be his guilt.
2. The penalty stipulated by law, as well as the imposed penalty type and magnitude shall be
proportionate to the committed act.
Article 72. The Principle of Legality in Defining Crimes and Imposing Penalties
No one shall be convicted for an action or inaction that was not a crime at the time of its
commission. A penalty that is more severe than the one applicable at the time of committing
the crime may not be imposed. A law that eliminates punishment for an act or mitigates the
penalty shall apply retrospectively.
Article 73. The Retrospective Effect of Laws and Other Legal Acts
1. Laws and other legal acts that cause a person’s legal situation to deteriorate shall not
have retrospective effect.
2. Laws and other legal acts improving a person’s legal situation shall have retrospective
effect if such acts so prescribe.