MARC AZDARIDIS

Advocate, Member of the Chamber of Advocates of the Republic of Armenia

DOI: https://doi.org/10.59546/18290744-2025.10-12-99

Annotation.

The article is dedicated to the new aggravating circumstance, which is a qualitative characteristic of a number of crimes provided for by the new Criminal Code of the Republic of Armenia adopted on May 5, 2021, namely, committing the act with the use of a weapon or an object or means prepared or adapted in advance to cause bodily harm. The relevance of the chosen topic is evidenced by the existence of contradictory legal practice on the issue in question, numerous cases of non-uniform application of the law, as well as the need for a comprehensive interpretation of the legislation, which is the main goal of the article. The work attempts to comprehensively interpret the legislation, paying special attention to problematic issues and ones that have caused disagreement among specialists. In particular, the following questions are raised: What are the criteria for considering whether an object or means is prepared or adapted in advance to cause bodily harm? For what purpose should the object or means be adapted or prepared for the presence of an aggravating circumstance? By whom should the object or means be adapted or prepared? Can the use of an object taken from the scene of the crime cause an aggravating circumstance? In addition, the results of the practice of applying the aforementioned aggravating circumstance were discussed.

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