The Defender suggests making the liability for hindering the activities of lawyers more severe

The Defender suggests making the liability for hindering the activities of lawyers more severe

The RA Human Rights Defender suggests amendments in the RA Criminal Code to make the liability for hindering the professional activity of a lawyer more severe.


As a result of the monitoring and consideration of complaints by the Human Rights Defender’s staff the issues concerning hindering of professional activities of lawyers in places of deprivation of liberty and their access to these places have been raised. The solution of this issue has a crucial importance since unobstructed activities of a lawyer is the first guarantee for preventing the possible ill-treatment and unlawful persecution towards a person.


Thus, a draft law on amendments to the RA Criminal Code has been prepared by the Defender’s staff. 


With the adoption of the draft law the competences of a lawyer enshrined in Constitution, laws and other legal acts will be implemented in practice more properly, unobstructed work of a lawyer and full realization of the rights of a person in need of a legal assistance will be guaranteed.


The draft law particularly suggests.                                                                                     


The first part of Article 3323 should be amended in a way that not only state officials, but anyone who hinders the professional work of a lawyer guaranteed by law may be considered as a subject of this crime, without limiting the circle of those subjects.


To consider more strict punishment presumed by Article 3323 of the RA Criminal Code for using the official position for the obstruction of implementation of competencies of a lawyer, as well as foreseen punishment in a form of imprisonment.


To prescribe a liability in the Criminal Code for hindering the professional work of a lawyer if it has been manifested by illegally preventing a lawyer to enter any place of deprivation of liberty to meet his/her client. 


The above-mentioned draft was presented to circulation.


The draft law will be also presented to the human rights organizations for opinion.