When a person is subject to criminal prosecution in Armenia, the court selects a preventive measure. Two of the strictest restrictions are house arrest and pre-trial detention.
It is important to understand that under the new Criminal Procedure Code adopted in 2022, a third option—administrative supervision—is also available, which is often confused with house arrest.
1. What is Pre-Trial Detention?
Pre-trial detention is the complete isolation of a person in a penitentiary institution. It is the strictest preventive measure.
When Is It Applied?
The court may order pre-trial detention only if:
- The crime carries a custodial sentence, usually of more than one year.
- There is a reasonable risk that the individual may flee, obstruct justice, or commit another crime.
Important: The court must justify that less severe preventive measures (for example, house arrest) cannot effectively mitigate these risks.
Duration:
- Initial period: up to 2 months
- Extension: by court decision, detention may be extended up to:
- 10 months for serious crimes
- 12 months for especially serious crimes
- 10 months for serious crimes
2. What Is House Arrest
House arrest (Article 124) is the isolation of the accused at their place of residence. Essentially, it is “detention at home.”
Key Rules:
- Complete isolation: The individual is not allowed to leave their residence.
- Electronic monitoring: Usually mandatory (electronic bracelet / GPS system).
- Communication restrictions: The court may prohibit the use of phone or internet.
- Exceptions: The court may allow leaving the residence only in exceptional circumstances (for example, to receive urgent medical care or appear in court); routine work purposes are generally not permitted.
3. The “Hidden” Option: Administrative Supervision
Important: This measure is often mistakenly confused with house arrest.
If the goal is to restrict the individual’s behavior while simultaneously allowing them to work or study, the appropriate legal measure is administrative supervision (Article 125).
Difference from House Arrest:
- House Arrest: The individual remains at home all day (24/7) under complete isolation.
- Administrative Supervision: The individual may attend work or study but must comply with established rules (for example, remain at home from 8:00 PM to 8:00 AM, not leave the city, surrender their passport, etc.).
Comparative Table: Which Preventive Measure Fits Your Case
| Indicator | Pre-Trial Detention | House Arrest | Administrative Supervision |
| Freedom of Movement | None (penitentiary institution) | Restricted (home only) | Partial (freedom of movement with limitations) |
| Work / Study | Not allowed | Generally not allowed | Permitted |
| Family Contact | Strictly limited | Permitted (within household) | Permitted |
| Form of Supervision | Penitentiary service | Electronic bracelet | Periodic check-ins / police monitoring |
| Severity | High (last resort) | Medium | Low–Medium |
Can Pre-Trial Detention Be Replaced with House Arrest?
Yes. This is one of the main objectives of a defense strategy.
In Armenia, courts are legally obliged to apply the principle of proportionality. If a lawyer can demonstrate that house arrest (with electronic monitoring) is equally effective in preventing flight or obstruction of justice as detention in a penitentiary institution, the judge is obliged to release the individual from pre-trial detention and apply house arrest instead.
Legal Strategy Advice:
Do not limit your request to simply “release.” The petition should clearly specify:
- The application of house arrest (if the risks are high), or
- A combination of administrative supervision and bail (if the individual needs to continue working or running a business).
Frequently Asked Questions (FAQ)
1. Is house arrest considered time served?
Yes. Each day under house arrest counts as one day of imprisonment. If a custodial sentence is later imposed, the time spent under house arrest is deducted from the total sentence.
2. Can I use the internet during house arrest?
It depends on the court’s decision. The court may specifically prohibit phone or internet use to prevent communication with witnesses.
3. What happens if the electronic bracelet is damaged or deactivated?
You are required to immediately notify the Probation Service. Damage to the device or tampering with it is considered a violation and may result in immediate transfer to a penitentiary institution.
4. Can I request house arrest if the apartment is rented?
Yes. You do not need to own the apartment, but a valid lease agreement and the landlord’s consent are required.
In Summary
The choice between pre-trial detention, house arrest, or administrative supervision can be decisive for your life over the coming year:
- Pre-trial detention effectively halts your life.
- House arrest provides relative comfort but limits your ability to work.
- Administrative supervision allows you to maintain your normal lifestyle.
The goal of your lawyer should not only be to “avoid prison” but also to argue for a preventive measure that allows you to continue working and living (administrative supervision) or at least remain at home (house arrest).
