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 serious crime against the security of the state, by the special services of the enemy state in order to recruit citizens of Armenia 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 the urgent problems of social justice and security cause the need to apply the most severe punishment, up to the death penalty, to the persons who committed similar acts, the Prosecutor's Office reports.

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 primary ban on sentencing to death and actually 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, that is, 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 the assumed international obligations.

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

Arthur Davtyan proposed to discuss within the framework of the constitutional amendments the issue of defining the constitutional and legal regulations allowing the death penalty to be applied as a form of punishment for the gravest crime against the state's security and the fundamentals of the state's life activity - treason.