On 12 November, at a meeting of the National Assembly’s Standing Committee on State and Legal Affairs, Deputy Minister of Internal Affairs of the Republic of Armenia Armen Mkrtchyan presented the draft law “On Making Additions to and Amendments to the Criminal Code of the Republic of Armenia” for consideration at first reading.
“Preventing crime against minors and protecting their rights are among the policy priorities of the Ministry of Internal Affairs.
This draft law is aimed at protecting children’s sexual inviolability and introducing certain changes in this area of legal relations,” the Deputy Minister noted.
According to Armen Mkrtchyan, studies show that judicial practice includes numerous cases in which individuals accused of offences under Articles 200 (Engaging in Sexual Acts with a Person Under the Age of Sixteen) and 201 (Committing an Indecent Act) of the Criminal Code of the Republic of Armenia are granted exemption from criminal liability on the grounds of reconciliation with the victim or active repentance.
The Deputy Minister emphasised that the victims of these crimes are children under the age of sixteen, who are particularly vulnerable and are entitled to the State’s special care and protection.
Therefore, the draft law proposes prohibiting exemption from criminal liability, on the grounds of reconciliation or active repentance, for persons who have committed crimes against children’s sexual freedom and sexual inviolability.
“This proposal stems solely from the need to protect the best interests of the child, as ensuring every child’s safe, healthy and dignified childhood is an absolute priority of the State,” Armen Mkrtchyan said.
Presenting the next proposed amendment, the Deputy Minister explained that the prohibition on exemption from criminal liability on the grounds of active repentance, provided for in Article 81 of the Criminal Code, does not extend to cases of trafficking in or exploitation of a child or a person in a helpless state, as defined in Article 189, whereas such a prohibition applies to cases of trafficking in or exploitation of an adult.
The draft law proposes closing this gap by extending the prohibition to cases of trafficking in or exploitation of a child or a person in a helpless state as well.
Armen Mkrtchyan also presented a proposal to supplement the Criminal Code with a new article, which would establish criminal liability for using the services of a child engaged in prostitution.
According to him, the fact that a child has reached the age of sixteen and has sexual autonomy does not mean that they may be involved in activities that pose a risk to them, such as prostitution.
The Deputy Minister emphasised that the proposed regulation does not constitute interference in private life, as using such services provided by a child aged 16–18 also harms public morality and social relations.
The draft law provides for stricter liability where a person uses such services provided by a child aged 12–16.
Armen Mkrtchyan stated that the proposals submitted by the Analytical and Expertise Department of the National Assembly Staff regarding the draft law were acceptable and called on the Committee members to vote in favour of it.
He also answered questions from Members of Parliament. Co-rapporteur Hasmik Hakobyan likewise called on the Committee members to vote in favour of the draft law.
The revised draft law was endorsed by the Committee.