The study of the materials of the criminal proceedings initiated with cases of apparent state treason recorded during and after the 44-day Artsakh war documents that the manifestations of state treason, which is the most severe crime against the security of the state, by the special services of the enemy state to recruit RA citizens and involve them in agency networks, use modern technologies and the use of methods, especially against the background of existing security challenges in the region, make the question of strengthening the criminal and legal fight against this type of crime, and tightening the punitive policy, a priority. Such extreme manifestations of state treason are recorded, in which urgent social justice and security problems cause the need to apply the most severe punishment, up to the death penalty, to the persons who committed similar acts.

Taking into account the importance of the problem, the prosecutor's office studied the field of international commitments of RA related to this field, and it was found that RA does not have a direct international legal obligation to establish an absolute ban on the death penalty.

The immediate ban on sentencing to death and applying the punishment in RA is provided by Article 24 of the RA Constitution, according to part 3, of which no one can be sentenced or subjected to the death penalty. The mentioned constitutional norm has an imperative character; this ban can be overcome only by making a corresponding change in the RA constitution. At the same time, Article 76 of the RA constitution stipulates that during a state of emergency or martial law, it is possible to deviate from the obligations in the field of human rights within the framework of international commitments.

Taking into account these realities and the level of security threats arising from manifestations of state treason, RA Prosecutor General Artur Davtyan wrote to the Chairman of the RA Constitutional Reforms Council, RA Minister of Justice Karen Andreasyan.