Document from CIS Legislation database © 2003-2023 SojuzPravoInform LLC

Unofficial transfer (c) Soyuzpravoinform LLC

CODE OF PENAL PROCEDURE OF THE REPUBLIC OF ARMENIA

of July 27, 2021 No. ZR-306

(as amended on 27-12-2022)

Accepted by National Assembly of the Republic of Armenia on June 30, 2021

Part one. General provisions

Section 1. Criminal procedure legislation and criminal proceedings

Chapter 1. Criminal procedure legislation

Article 1. The legislation regulating criminal proceedings

1. In the territory of the Republic of Armenia criminal proceedings are regulated by the Constitution, international treaties of the Republic of Armenia, the Constitutional law "Judicial Code of the Republic of Armenia" and this Code.

Article 2. Purpose of the Code of penal procedure

1. The purpose of this Code - establishment of effective procedure of production on expected crimes based on guaranteeing the rights and freedoms of person.

Article 3. Action of the Code of penal procedure in space

1. In the territory of the Republic of Armenia, irrespective of the place of crime execution, criminal proceedings are performed according to provisions of this Code if other is not provided by international treaties of the Republic of Armenia.

2. Production on the expected crimes committed outside the Republic of Armenia on the air, ocean or river craft which is under the flag of the Republic of Armenia legally or carrying distinctive mark of the Republic of Armenia, registered at the airport or in the port of the Republic of Armenia is performed on regulations of this Code.

3. If it is provided by international treaties of the Republic of Armenia, provisions of this Code are applied also in the territory of foreign states.

Article 4. Action of the Code of penal procedure in time

1. During criminal proceedings that provision of this Code which is effective during the making of the corresponding production action or adoption of the procedural act is applied.

2. Admissibility of the proof is determined by the law existing at the time of its obtaining.

3. Provisions of this Code have no retroactive force if other is not provided by the law.

Article 5. Features of application of the Code of penal procedure around persons

1. Features of application of this Code concerning the persons using diplomatic privileges and immunity according to international treaties of the Republic of Armenia, and also exempted from criminal competence in the territory of the Republic of Armenia according to international treaties of the Republic of Armenia or this Code are established by international treaties of the Republic of Armenia and this Code.

Article 6. The basic concepts used in this Code

1. The basic concepts used in this Code have the following value:

1) criminal proceedings – the procedure performed by the state bodies and officials established by this Code within their competence from the moment of their notification in due form about expected crime which is shown in making of production actions and adoption of procedural acts;

2) production materials – the numbered set of the documents and other materials collected and received as appropriate after initiation of criminal proceedings;

3) criminal case – the production materials brought to trial and constituted in court;

4) pre-judicial production – the procedure performed by public participants of production within their competence;

5) pretrial investigation – the activities performed by the investigator within its competence in connection with expected crime;

6) inquiry – the activities performed by body of inquiry during pretrial investigation and helping it which include making of confidential investigative actions and investigation and search operations;

7) judicial proceedings – the procedure performed by court within the competence;

8) legal proceedings – the activities performed in Trial Court in connection with accusation consideration, and in superior court – with check of legitimacy of the final court resolution adopted by its results;

9) person involved in production – the judge, the public participant of production, the private participant of production, person promoting production, the detained person, person which provided the message on expected crime, and also any person whose lawful interests are infringed by the production act;

10) court – the judicial authority performing judicial authority during criminal proceedings;

11) the judge – the state official performing justice in the course of criminal proceedings and as court – the other powers provided by the law;

12) the public participant of production – the prosecutor, the investigator, the head of investigating body, the chief of body of inquiry, the investigator;

13) the private participant of production – the person accused, his legal representative, the defender, the victim, the defendant in property, the legal representative and the authorized representative of the victim, the defendant in property;

14) person promoting production – the witness, his legal representative and the lawyer, the expert, the translator, the psychologist, the witness, the court session secretary;

15) the parties – the participants representing the opposite interests in judicial proceedings;

16) the party of accusation – the prosecutor who are involved in judicial proceedings, the investigator, the victim, his legal representative and the authorized representative;

17) the party of protection – the persons accused who are involved in judicial proceedings, his legal representative, the defender, the defendant in property, his legal and authorized representative;

18) the prosecutor – the state official who in the course of criminal proceedings performs on behalf of prosecutor's office of power, assigned to it by the law within competence, the provided Constitution of the Republic of Armenia;

19) the investigator – the state official who in the course of criminal proceedings performs pretrial investigation within the competence;

20) the head of investigating body – the head of investigating body, competent to perform pretrial investigation, or its divisions (head department, management, department, department, etc.), or his deputy who within the competence will organize pretrial investigation and provides its efficiency;

21) body of inquiry – the head (the chief of body of inquiry) and the staff (investigators) of the division operating in system of the state body provided by the Law "About Operational Search Activities", and performing operational search functions which within pretrial investigation are competent to make confidential actions and investigation and search operations;

22) the person accused – person concerning whom criminal prosecution and concerning whom at the same time there is no decision on the termination of criminal prosecution which took legal effect or accusatory or the verdict of not guilty is initiated;

23) the justified person accused – the person accused concerning whom there is verdict of acquittal;

24) the condemned person accused – the person accused concerning whom there is damning verdict;

25) the defender – the lawyer who during criminal proceedings assumed and performs protection of the detained person or the person accused;

26) the victim – physical person or legal entity, the state, community or the international organization about which there are good causes to believe that the expected crime to them caused damage or could be caused in case of finishing expected crime up to the end;

27) the defendant in property – physical person or legal entity which in the cases established by the law and procedure can bear property damage liability, caused by expected crime;

28) the public prosecutor – the prosecutor protecting accusation on behalf of the state in Trial Court in the production performed according to the procedure of public accusation;

29) the private prosecutor – the victim representing accusation on its own behalf in Trial Court in the production performed according to the procedure of private prosecution;

30) the legal representative – the parent, the adoptive father, the guardian or the custodian of the minor, incapacitated or having problems with mental health person accused, the victim or the witness, the employee of body of guardianship or custody within the competence, the close relative of the died person accused or person who committed expected crime and the dead and also the head of the legal entity – the victim or the defendant in property;

31) the authorized representative – the lawyer whom the victim or the defendant in property properly authorized to represent its lawful interests, and also properly authorized employee of the victim or the defendant in property who is the legal entity;

32) the act of production – the action made as obliges by court or the public participant of production during criminal proceedings, shown by it failure to act or the adopted procedural act;

33) the procedural act – court resolution or the decision made by the public participant of production;

34) court resolution – the decision or sentence accepted by court;

35) the final procedural act – the procedural act completing process of this production including final court resolution;

36) final court resolution – the court resolution completing process of this production in court;

37) production action – the action made within this production by competent court, the public participant of production or in the cases provided by this Code – according to their order as obliges;

38) evidential action – the production action provided by this Code, made by the investigator or court, and also body of inquiry (at the request of the investigator) or the expert (at the request of the investigator or court) as a result of which is expected to acquire proofs;

39) the proof – the data on the fact received in the procedure established by the law based on which the investigator, the prosecutor, the court is established by availability or lack of the circumstances which are subject to proof and also the other circumstances important for production;

40) operational search action – the operational search action established by the Law "About Operational Search Activities" for which implementation the judgment is not required;

41) initiation of criminal prosecution – acceptance by the prosecutor of the decision describing presumably criminal action of person and containing its legal treatment or giving by the expected victim in court of criminal action;

42) accusation – the version about making by certain person of expected crime having the actual and legal reasons;

43) rehabilitation – compensation issued by the Republic of Armenia to the justified person accused according to the legislation of the Republic of Armenia and also recovery of its rights;

44) detention – restriction of personal liberty without the judgment on directly arisen reasonable suspicion of crime execution or for the purpose of the person accused delivery in court;

45) the protocol – the document constituted by the public participant of production or the court session secretary who confirms making of certain actions or other facts;

46) the petition – the request of the participant of production or other person sent to the body performing production;

47) branch – the written petition of the participant of production for release of the judge, the public participant of production, the expert, translator, witness or court session secretary from participation in production;

48) the claim – written (on paper with the signature by hand or on the electronic medium – with the digital signature) disagreement with the production act;

49) the order – written (on paper – signed by hand, or on the electronic medium – the digital signature) the instruction this by the higher prosecutor to the supervising prosecutor, the supervising prosecutor – to the investigator, the head of investigating body, the head of investigating body – to the investigator or the investigator – to body of inquiry within their powers, about clarification of certain circumstances, to making of certain actions, decision making or abstention from making of any action or decision making;

50) objection – written (on paper – signed by hand, or on the electronic medium – the digital signature) disagreement of the public participant of production provided to the competent person concerning orders or acts of production of other public participant of production;

51) the indication – data, in writing or orally reported by the detained person, the person accused, the witness or the victim and properly recorded in the course of interrogation, confrontation or verification of indications on site, interrogation of the expert;

52) explanation – the oral or written approval in the course of judicial proceedings made by the participant of production or other person for representation or reasons for the line item;

53) the minor – person who did not reach 18-year age;

54) relatives – the persons who are in family relation and having general ancestors to the great-grandfather or the great-grandmother. In sense of this Law of the 1st degree of relationship with person children, parents, sisters and brothers of person are. In relationship to the 2nd degree with person there are persons which are in the 1st degree of relationship and also persons which are with them in the 1st degree of relationship. In relationship to 3rd degree with person there are persons which are with person in relationship to the 2nd degree and also persons which are with the last in the 1st degree of relationship;

55) the close relative – the parent, the child, the adoptive father adopted native or nonnative (from one father or one mother) the brother or the sister, the grandfather, the grandmother, the grandson, the spouse, the parent of the spouse or the child's spouse;

56) the dwelling – the building or structure which is permanently or temporarily used for accommodation, rest, storage of property of certain person or persons, and also for satisfaction of professional or other needs of certain person or persons, including: own or leased apartment, garage, garden lodge, the hotel room, cabin of the ship, compartment of the train, their other components, respectively, the private rooms which are directly adjoining to them, the private or office vehicle, and also office;

57) bank or related secrecy – in the sense established by the law, bank secrecy, insurance secret, official secret in the field of the security market, pension secret, and also credit information and credit history;

58) the scene – the limited territory where as convincingly is proved by the message on crime or sufficient evidences, the crime was committed, and at the same time there can be traces, effects or other essential elements of offense;

59) reasonable excuse – disease, the death of the close relative or other special and objective circumstance;

60) verdict – written conclusion of court about guilt or innocence of the sentence charged to the resolution.

Chapter 2. Bases of implementation of criminal proceedings

Article 7. The bodies performing criminal proceedings

1. Criminal proceedings are performed by the following bodies:

1) the investigator – from the moment of initiation of production before transfer of the indictment or the decision on the termination of criminal proceedings to the supervising prosecutor;

2) the supervising prosecutor – from the moment of obtaining from the investigator of the indictment or the decision on the termination of criminal proceedings before transfer of the indictment in court, approval of the decision of the investigator on the termination of criminal prosecution or return of materials of production to body of pretrial investigation;

3) court – from the moment of obtaining from the supervising prosecutor of the indictment before the end of criminal proceedings, and also on productions on judicial guarantee.

Article 8. Fixation of criminal proceedings

1. Fixation of process and results of all production actions made within criminal proceedings, and also all adopted procedural acts by persons authorized by this Code is obligatory.

2. Production actions are fixed by the protocol constituted by electronic method. If fixation of process and results of separate production action by electronic method is impossible, then it becomes by paper method – on the computer, and in case of impossibility of it is the protocol constituted in hand-written form.

3. The summary and the main results of the action which is carried out in pre-judicial production with video are specified in the brief protocol constituted in the course of this production action. The carrier of video is applied to the protocol.

4. Process and results of the action which is carried out in pre-judicial production without video in detail are described in the protocol which is prepared in the course of production action or right after its termination.

5. Process and results of the action which is carried out in judicial proceedings are fixed by sound recording and computer method, except as specified, provided by this Code. The summary and the main results of the action which is carried out in judicial proceedings with video are specified in the brief protocol constituted in the course of this production action. The carrier of video is applied to the protocol.

6. The requirements established by this Code for paper documents are applied to form and content of electronic documents (procedural acts, protocols, orders, objections, petitions, branches, claims, etc.) by the part (mutatis mutandis) concerning them.

7. The materials of criminal proceedings fixed by electronic method are stored in electronic system (electronic criminal proceedings or electronic criminal case), and the documents prepared computer or hand-written by method – also in the paper version. The documents prepared computer or hand-written by method, and also content of electronic media it is loaded into electronic system. Objects and other materials are stored as component of electronic materials of production, and their photos are loaded into electronic system. The list of these objects and materials is also loaded into electronic system.

8. Service regulations and safety of electronic system are established by the Government.

9. Each document attached to production materials is numbered directly according to pages, the whole subsequent numbers, in chronological procedure for their appendix. Materials of pre-judicial production are combined in one or several volumes, each of which contains the list of the materials which are available in this volume.

10. In case of loss, damage or destruction of materials of production or criminal case, respectively, the higher prosecutor or court makes the decision on their recovery and takes measures for providing proper course of production. Materials of production and criminal case are recovered by copying from the existing documents or repeated implementation of necessary production actions.

Article 9. Signs and obligation of the procedural act

1. Each procedural act adopted in the course of criminal proceedings shall be legal and thorough.

2. The procedural act is legal if it is accepted with observance of requirements of the Constitution, international treaties of the Republic of Armenia, the Constitutional law "Judicial Code of the Republic of Armenia", of this Code and other laws which are applied when implementing this production.

3. The procedural act is thorough if it is objectively convincing for addressees according to the nature and the caused effects.

4. Legality and justification of the procedural act can be confuted only by results of its check within due course of law.

5. In each procedural act time and the place of its creation, name, surname and the originator's position, number of production are specified. The procedural act affirms the signature of the competent person, and the final procedural act – also corresponding seal.

6. In the cases provided by this Code additional requirements can be imposed to separate procedural acts.

7. The procedural acts adopted by court and the public participant of production within the competence are subject to obligatory execution by all state bodies and local government bodies by officials, physical persons and legal entities, the other organizations.

Article 10. Consolidation and allocation of criminal proceedings

1. Can be united in one production:

1) productions on making by one person more than one expected crime;

2) productions on making more than one person one or more than one expected crimes;

3) productions on the expected crimes more than one connected with each other by the actual circumstances for the purpose of ensuring the proper and comprehensive investigation.

2. From the production performed in connection with making more than one person of one or more expected crimes, new production can be allocated if it is dictated by need of protection of interests of justice and cannot negatively affect justice of production.

3. The investigator or court makes the decision in which are specified reason for initiation of criminal proceedings, the actual circumstances of expected crime if are known – these persons (persons), criminally pursued act accused of making, data on the body or the official accepting the combined or allocated production, and also number assigned to the allocated production on consolidation or allocation of criminal proceedings.

4. The productions which are at more than one judge of one court unite the decision of the chairman of this court based on the statement of one of judges. In case of consolidation of productions accusation is considered by that judge who accepted criminal case to production earlier.

5. Originals or copies of the materials concerning production and also the list of all materials of production are attached to the decision.

6. The copy of the decision on consolidation or allocation of criminal proceedings within three days goes to private participants of production, and in the course of pre-judicial production also immediately goes to the supervising prosecutor.

Article 11. Forms of implementation of criminal prosecution

1. Criminal prosecution within criminal proceedings is performed in public or private procedure, proceeding from nature or severity of crime.

2. Criminal prosecution on productions on the crimes provided by part 1 of article 15 of the Criminal code of the Republic of Armenia is performed in private procedure, and on productions on all other crimes criminal prosecution is performed in public procedure.

3. If part of the acts incriminated to one person is subject to criminal prosecution in public procedure, and other part – in private procedure, then criminal prosecution is performed in public procedure.

4. Irrespective of giving of criminal action or refusal of criminal action, at the initiative of the prosecutor criminal prosecution is performed in public procedure:

1) on crimes with violence signs in family;

2) on the crimes provided by part 1 of article 15 of the Criminal code of the Republic of Armenia if person owing to the helpless condition or stay depending on person which did it harm cannot protect the lawful interests.

Article 12. The circumstances excluding criminal prosecution

1. Criminal prosecution shall not be initiated, and the initiated criminal prosecution shall be stopped if:

1) person did not make the act incriminated to him;

2) there is any circumstance excluding criminal liability, provided by the Criminal code of the Republic of Armenia (except for diminished responsibility);

3) there is sentence which took legal effect or other court resolution in connection with the same crime incriminated to person;

4) there is not cancelled decision of the prosecutor on not initiation of criminal prosecution or the termination of criminal prosecution in connection with the same act incriminated to person, except for case, stipulated in Item the 9th this part;

5) person owing to immunity is not subject to criminal liability;

6) the competent authority by results of due course of law did not deprive person of immunity who presumably committed crime;

7) the maximum term of criminal prosecution established by this Code expired, and the prosecutor during this term did not bring production materials to trial;

8) production is initiated based on the data received from the source which is not provided by this Code;

9) criminal prosecution on production was performed in public procedure whereas, according to requirements of this Code, criminal prosecution owed be performed only in private procedure;

10) person died;

11) person at the time of making of act did not reach the age provided by the law for criminal prosecution;

12) person owing to provisions of general or special part of the Criminal code of the Republic of Armenia is subject to release from criminal liability;

13) person is subject to release from criminal liability under amnesty;

14) the act incriminated to person is decriminalized.

2. The circumstances provided by Items 1-9 of part of 1 this Article are rehabilitating.

3. Circumstance availability, stipulated in Item 10 parts of 1 this Article, does not exclude criminal prosecution if the legal representative of the dead objects to it on the ground that the dead did not make the act incriminated to him. In that case criminal prosecution continues in general procedure, however in case of removal of damning verdict penalty concerning this person is not imposed. The Item 10 parts of 1 this Article does not extend to cases of recognition of person by the dead according to the procedure of civil production.

4. Availability of the circumstances provided by Items 11-14 of part of 1 this Article do not exclude criminal prosecution if person objects to it on the ground that did not make the act incriminated to him. In that case criminal proceedings continue in general procedure, however in case of removal of damning verdict penalty concerning this person is not imposed.

Article 13. Bases for the termination of criminal proceedings

1. Criminal proceedings are subject to the termination if:

1) lack of any crime provided by the Criminal code is confirmed;

2) production was initiated with violation of the conditions provided by parts 3 or 6 of Article 173 of this Code;

3) concerning the person accused criminal prosecution is stopped, and all opportunities of continuation of production are exhausted;

4) there is circumstance, stipulated in Item 9 parts 1 of article 12 of this Code;

5) in the course of pre-judicial production person who committed the presumable crime which is subject to criminal prosecution according to the procedure of private prosecution if there are no bases for initiation of public criminal prosecution.

Article 14. End of criminal proceedings

1. Criminal proceedings terminate:

1) entry into force of the decision on the termination of criminal proceedings;

2) entry into force final court resolution if its transfer on execution does not require acceptance of special measures;

3) transfer of final court resolution on execution.

Chapter 3. Principles of criminal proceedings

Article 15. Publicity of production

1. Implementation of production is public activities in which process and result the balanced protection of public and private concerns is provided.

2. Justice, public prosecutor's supervision, pretrial investigation, inquiry and other public activities are performed, proceeding only from interests of the right, the competent authorities created on the basis of the law.

3. When implementing justice or providing other judicial guarantees the judge shall be and see each other impartial.

4. When ensuring publicity of production of the right restriction of the rights or freedoms of person shall be to counter-weight public concerns proportional to the protection purpose.

5. Physical persons and legal entities have the right to take the part in protection of public concerns in criminal proceedings provided by this Code.

6. In the cases established by this Code and procedure physical persons and legal entities, including the victim, shall assist protection of the public rights in criminal proceedings.

Article 16. Equality of all before the law

1. All are equal before the law and without discrimination, are equally protected by the law.

2. The provisions provided by this Code are applied to persons having the identical status, uniformly.

3. Competence of the bodies performing criminal proceedings, form of implementation of criminal proceedings by them cannot change randomly for separate case or person or certain situation or for certain period.

Article 17. Presumption of innocence

1. The person accused in crime is considered innocent until his guilt is proved in the procedure established by this Code by the court verdict which took legal effect.

2. The unproven fault is equivalent to the proved innocence.

3. The person accused shall not prove the innocence or render any assistance to the body performing criminal proceedings. The obligation on proof of innocence of the person accused cannot be assigned also to his defender, the legal representative responsible for property and its representative. The obligation on proof of accusation and confutation of the arguments adduced in protection of the person accused in case of public criminal prosecution lies on the prosecutor, and in pre-judicial production – also on the investigator. In case of private criminal prosecution this obligation lies on the victim and his representative.

4. All reasonable doubts in validity of accusation which cannot be dispelled within due course of law according to provisions of this Code, are interpreted for benefit of the person accused.

Article 18. Freedom and security of person of person

1. In enforcement measure production process can be applied to person not differently, than on the bases and according to the procedure, established by this Code. Deprivation of person of freedom in production process shall not pursue the punishment aim.

2. The body performing production in case of the choice of enforcement measure concerning person, is guided by the principle of minimality. It is forbidden to choose concerning person more severe measure of coercion, than that during criminal proceedings it will be possible to them to provide legal behavior of person.

3. Court, the prosecutor, the investigator, body of inquiry within the powers shall exempt without delay each person imprisoned illegally or unreasonably.

4. Arrest of person, prolongation of term of arrest, forced placement in medical institution is allowed only by a court decision if the legal behavior of person cannot be guaranteed by other enforcement measures.

5. After the maximum term provided by this Code for this type of detention, person shall be without delay exempted if there is no decision on his arrest.

6. The reasons of deprivation of its freedom, and in case of accusation in crime – also accusation are without delay and in due form explained to each person.

7. Physical compulsion, on condition of minimum necessary intervention, is admissible only concerning person who does not perform voluntarily lawful order of the competent person interfering with his security of person.

8. In production process nobody shall be exposed to tortures, the inhuman or humiliating treatment or punishment, physical or sincere abuse, including by use of drugs, hunger, obessileniye, hypnosis, deprivation of medical care. It is forbidden to receive on behalf of data by violence, threat, deception, violation of its rights, and also other illegal actions.

9. It is forbidden to make in production process the actions threatening the life or health of the person inflicting on it physical or sincere suffering.

Article 19. Ensuring legal aid

1. The detained person, the person accused, his legal representative, the victim, his legal representative, the defendant in property, his legal representative, and also the witness in production process have the right to receive legal aid of the lawyer invited by them, and in the cases provided by the law – also provided at the expense of public funds.

2. The body performing production, having no right to prohibit presence of the lawyer on the production action which is carried out with participation of his principal.

Article 20. Ensuring protection of the person accused

1. The person accused can be protected from accusation as personally, and by means of the defender or the legal representative. Participation of the defender or legal representative of the person accused in production does not limit right of the accused.

2. The body performing production shall explain to the person accused of its right and provide its real protection against accusation by all with the methods which are not prohibited by the law.

3. In the cases which are considered obligatory under this Code the body performing production shall provide timely and real participation of the defender in production.

4. The body performing production shall recruit in the cases provided by the law in production of the legal representative of the person accused.

Article 21. Equality and competitiveness of the parties

1. Production in court is performed on the basis of equality and competitiveness of the parties. The variation from equality and competitiveness of the parties is allowed only in production on judicial guarantees of making of evidential actions, the accelerated production under approval and cooperation, and also in cassation production and exclusive productions on review.

2. Accusation and protection are differentiated: they are performed by different persons. The court provides the right of the parties to participation on judicial session.

3. Court, observing impartiality, creates necessary conditions for representation and comprehensive investigation of all proofs for the parties of accusation and protection. The court according to the petition of the party, in the procedure established by this Code, assists it in receipt of necessary proofs.

4. The court of the party is allocated with equal opportunities of representation and protection of the line item. Only such proofs in case of which research for each of the parties equal conditions were provided can be the basis for court resolution.

5. The court is limited by the actual circumstances which are been the basis for accusation, however is not connected by the legal assessment given to the act incriminated to the person accused. Line items of the parties concerning application and statutory interpretation for court are not obligatory.

Article 22. Competent evidence

1. Any circumstance important for criminal proceedings shall be confirmed with sufficient combination of competent evidences.

2. The final procedural act shall be based on free and fair assessment of the researched proofs.

3. Each actual circumstance which is been the basis for conviction shall be proved by such amount of proofs which will exclude any thorough doubt in its validity. In case of the resolution of sentence it is necessary to consider lack of necessary and possible proofs.

4. The body performing production shall check in details the arguments brought into protection of the person accused and properly drawn up.

5. Conclusion about guilt of person in crime cannot be based on assumptions; it shall be confirmed by set of the interconnected attributable, admissible, mathematical evidences.

6. Confession cannot be the basis for condemnation of person if it was not proved by the sufficient evidences researched within due course of law.

7. Condemnation of the person accused in the absence of sufficient counter-weight factors cannot be based only or mainly on testimonies of such person concerning whom this person accused or his defender or the representative had no possibility of counter request.

8. The deposited indication cannot be the basis for accusation if in court this video was not researched by attributable part.

Article 23. Ensuring judicial protection

1. Nobody can be deprived of the right to consideration of its case in that court and that judge, to cognizance or jurisdiction of which it belongs under the law.

2. Everyone has the right to legal proceedings for establishment of justification of the charge brought to him.

3. Everyone to whom the presumable crime caused damage in the cases established by this Code and procedure has the right to appeal to the court with the requirement about involvement of person who committed crime to criminal liability and compensation of the damage caused to it by crime.

4. The acts of production of public participants of production concerning the rights and freedoms of person in the cases established by this Code and procedure are subject to judicial check.

Article 24. Reasonable time of production

1. Pretrial investigation and inquiry shall be complete in reasonable time. The body performing criminal proceedings within the competence shall show proper diligence for completion of production in reasonable time.

2. The person accused has the right to get up before court in reasonable time.

3. The term of content of person in the conclusion shall be limited to the shortest necessary period.

4. In case of determination of the sequence of consideration of the criminal cases which are in its production, the judge shall give preference to that production on which:

1) the person accused is under arrest;

2) the person accused is in prison longer than the persons accused attracted on other production.

5. In the absence of the differentiating signs provided by part 4 of this Article, the sequence of consideration of criminal cases by this judge is determined taking into account dates of receipt of criminal case in court.

Article 25. Inadmissibility of repeated condemnation

1. Nobody shall be repeatedly condemned or punished for act for which he was justified or sentenced by the become effective lawful sentence.

2. Availability of the decision on not initiation of criminal prosecution or on the termination of criminal prosecution which took legal effect excludes updating of criminal prosecution.

3. Review of the act completing production with the requirement about improvement of the situation of person, is not repeated condemnation.

4. Repeated condemnation based on the requirement about deterioration of the situation of person is not:

1) review of the final court resolution which took legal effect or the decision on not initiation of criminal prosecution or on the termination of criminal prosecution which did not take legal effect;

2) review of the final court resolution which took legal effect or the decision on not initiation of criminal prosecution or on the termination of criminal prosecution which took legal effect based on fundamental violation, new circumstance or newly discovered fact in the terms provided by this Code.

5. Not excitement or the termination of public criminal prosecution is not obstacle for initiation of private criminal prosecution.

6. If in case of condemnation of person it is determined that for the same act the administrative or disciplinary responsibility – measure, equivalent to punishment was applied to it, then in case of assignment of punishment concerning it it shall be cancelled and considered in case of assignment of punishment.

Article 26. Confidentiality of private and family life

1. Competent authorities without the consent of person can collect, store and use the data concerning it only in the cases established by the law and procedure if it is necessary for disclosure of the circumstances important for production.

2. Person to whom the body performing production suggests to report such data or to provide such materials which can be reasonably used or interpreted further to the detriment of it, his spouse (u) or the close relative having the right to refuse the message of such data or provision of materials.

3. It is forbidden to collect, to store or use the data or materials which are lawyer secret.

4. Intervention in correspondence, telephone conversations or other forms of communication of person in production process can be made only by a court decision in the cases provided by the law and procedure.

5. In data production process, the touching faces and containing medical (except for requests for receipt of medical care and servicing or data on their obtaining), notarial, bank or related secrecy, can gather only by a court decision in the cases established by the law and procedure.

6. Except for inspection of the scene, evidential and other production actions can be carried out to the dwelling of person by a court decision or with the consent of this person. Anyway the search, withdrawal and the survey in the dwelling which is not considered as inspection of the scene can be carried out only by a court decision.

7. Property attachment of person in production process is subject to obligatory judicial check.

Article 27. Production language

1. Language of production is literary Armenian. Except for court and public participants of production, everyone has the right to act in production process in that language which he knows.

2. The decision of the body performing production, charged, not knowing production language, gratuitously gives opportunity to perform all the rights established by this Code by means of the translator in that language which he knows.

3. The copies of the documents provided by this Code, which are subject to delivery to the corresponding person who is not knowing production language are given also in that language which he knows.

4. The document submitted to the body performing production in other language is attached to production materials together with the transfer into Armenian certified by the translator.

Article 28. Publicity of judicial proceedings

1. Production in court is open, except as specified, provided by this Code.

2. Has the right to be present at proceeding in open court everyone reached 16-year age, and also the participant of production or the witness is younger than sixteen years. From the leave of court at judicial session there can be also other person which did not reach 16-year age.

3. For the purpose of protection of private life of participants of production, interests of minors or justice, and also state security, public order or morals the court according to the petition of the party or on the initiative is competent of the cases provided by this Code to make the decision on carrying out judicial session or its part closed. In the cases provided by this Code, carrying out the closed judicial session is obligatory.

4. The acts adopted by court in the course of judicial proceedings appear publicly. Proceeding from the bases for carrying out the closed judicial session, the judgment separate parts of court resolution can not appear publicly. Introduction and final parts of the specified court resolutions anyway are published.

Article 29. Prohibition of illegal behavior

1. The private participants of production and persons promoting production shall exercise the right and fulfill the duties honesty.

2. Abuse of the rights which harms other persons or interests of justice is forbidden.

3. The judicial sanction proportional to his behavior can be applied to the person which allowed abuse of the rights or who maliciously did not fulfill the duties in the cases provided by this Code if its non-use can threaten normal course of production.

4. In case of malicious non-execution by the person accused of the obligations the measure of restraint can be applied to it, or the applied measure of restraint can be replaced with other, more suitable measure of restraint.

Section 2. Bodies and persons involved in criminal proceedings

Chapter 4. Court

Article 30. The courts performing criminal justice

1. In the Republic of Armenia criminal justice is performed only by Trial Courts, Appeal criminal court and Court of cassation.

Article 31. Structure of court

1. In Trial Court production – legal proceedings and production on judicial guarantees – are performed solely.

2. In Appeal Court the appeal, and also exclusive review are performed jointly – as a part of three judges, and special review – solely.

3. Court of cassation:

1) resolves issue of return of the claim of review solely, as a part of one judge of Criminal chamber of Court of cassation, and on productions on the corruption crimes provided by Appendix 1 to the Criminal code of the Republic of Armenia - from judicial structure on consideration of corruption crimes of Anti-corruption chamber;

2) questions of leaving of the claim of review without consideration, acceptances to production or refusal in acceptance to production solves jointly, as a part of three judges of Criminal chamber of Court of cassation, and on productions on the corruption crimes provided by Appendix 1 to the Criminal code of the Republic of Armenia - from judicial structure on consideration of corruption crimes of Anti-corruption chamber;

3) considers the writ of appeal accepted to production, jointly as a part of simple majority of judges of Criminal chamber of Court of cassation, and on productions on the corruption crimes provided by Appendix 1 to the Criminal code of the Republic of Armenia - from judicial structure on consideration of corruption crimes of Anti-corruption chamber.

4. All judges performing production in joint structure are given equal authority on all questions which are subject to the decision court.

Article 32. Reserve judge

1. If consideration of accusation in court, proceeding from its nature and amount, requires exclusively long time, then based on the judgment the chairman of this court prior to initial judicial hearings appoints the reserve judge from the list of judges of this court which in the course of legal proceedings shall be present at the hall of judicial sessions. The chairman of justices can not appoint the reserve judge if he considers that on this production such need is absent.

2. For the same production only one reserve judge can be appointed.

3. In case of branch, rejection of the judge considering accusation, the terminations of powers of the judge or in the presence of other bases excluding its participation in production, the reserve judge replaces it, having continued production.

Article 33. Competence of court

1. The court according to the procedure, established by this Code, is competent:

1) to Perform production according to the procedure of the first instance;

2) to perform production on judicial guarantees;

3) to perform production on judicial review;

4) when implementing production to apply procedural sanctions;

5) when implementing production to apply measures of restraint and safety, property attachment;

6) to transfer court resolution to execution.

2. The court in the cases provided by this Code performs other powers.

Article 34. Chairman and its powers

1. The judge solely considering case presides over judicial session.

2. When implementing production in joint structure in appeal or Court of cassation the chairman of justices or the President of Chamber or in the procedure provided by the law – the authorized judge presides over meeting.

3. The chairman prepares and directs judicial session, takes measures for ensuring fair implementation of production and observance of other requirements of this Code, and also proper conduct of persons which are present at judicial session.

4. All questions connected with production, the chairman represents to all judges for their permission. The decision is made by a simple majority vote judges. In case of equal distribution of voices it is considered are accepted the decision optimum for the person accused.

Chapter 5. Public participants of production

Article 35. Independence and responsibility of public participants of production

1. When implementing the powers in the course of criminal proceedings the public participant of production acts independently, based on the law, and in the cases provided by the law – also on orders of the competent person. The public participant of production bears responsibility for the acts of production based on internal belief.

2. The prosecutor bears responsibility for legitimacy of excitement, not excitement and termination of criminal prosecution, legality of pre-judicial production, identification of the circumstances necessary for protection of public accusation in court or initiation of the claim for protection of state interests, and also for legitimacy of appeal or not appeal of court resolution.

3. The head of investigating body bears responsibility for the proper organization of the pretrial investigation performed by the investigators acting in its direct subordination including for its efficiency.

4. The investigator bears responsibility for comprehensiveness of pretrial investigation, its normal course, carrying out investigative actions in the procedure established by the law and timely, and also for legitimacy of the enforcement measures applied by it.

5. The body of inquiry bears responsibility for carrying out confidential investigative actions and investigation and search operations in the procedure established by the law, timely and effectively, and also for legitimacy of the enforcement measures applied by it.

Article 36. Relations of public participants of production

1. The higher prosecutor is competent to give instructions to the supervising prosecutor in connection with any question entering its competence.

2. The assignment given by the higher prosecutor within its competence is obligatory for the supervising prosecutor, except as specified, when the supervising prosecutor considers that such order is illegal or unreasonable. In that case the supervising prosecutor without accomplishment of the order of the higher prosecutor represents objection to the higher prosecutor who gave the assignment.

3. The supervising prosecutor is competent to give instructions:

1) to the head of investigating body, the investigator or the chief of body of inquiry – in connection with the termination of the illegal action made by them or neutralizations of its effects;

2) to the head of investigating body, the investigator or the chief of body of inquiry – in case of cancellation of their illegal decision in connection with neutralization of its effects;

3) to the investigator – in connection with establishment of the certain circumstances important for the solution of question of excitement or the termination of criminal prosecution for application of enforcement measures, protection of public accusation in court or initiation of the claim for protection of state interests.

4. The assignment given by the supervising prosecutor within its competence is obligatory for the head of investigating body, the investigator and the chief of body of inquiry, however the last are competent to provide objection against the order addressed to them to the higher prosecutor. The head of investigating body is competent to represent objections to the higher prosecutor also in connection with the order addressed to the investigator acting in its direct subordination.

5. The head of investigating body is competent to give instructions to the investigator acting in its direct subordination in connection with the proper organization of pretrial investigation, including any question concerning its efficiency including with making of specific evidential action.

6. The assignment of the head of investigating body given within its competence is obligatory for the investigator, however the last is competent to provide objections against it to the supervising prosecutor, without stopping accomplishment of the order.

7. The investigator is competent to give obtaining to body of inquiry for the purpose of ensuring comprehensiveness and normal process of pretrial investigation.

8. The assignment given by the investigator within the competence is obligatory for body of inquiry, however the chief of body of inquiry is competent to provide objection against it to the supervising prosecutor, without stopping accomplishment of the order.

Article 37. Powers of the higher prosecutor in pre-judicial production

1. In the course of pre-judicial production the higher prosecutor:

1) in case of detection of signs of possible crime when implementing the powers immediately charges to the supervising prosecutor to take measures for initiation of criminal proceedings and the beginning of pretrial investigation;

Supervision of legality of pre-judicial production charges 2) to the subordinate prosecutor or performs it personally, using powers of the supervising prosecutor in pre-judicial production under this Code;

3) is charged if necessary by supervision of legality of pre-judicial production to several prosecutors, having appointed the head of group of prosecutors;

4) according to the decision deletes the supervising prosecutor from production and charges implementation of supervision of legality of pre-judicial production to other prosecutor or performs it personally, using powers of the supervising prosecutor in pre-judicial production under this Code;

5) in the procedures provided by the law according to the decision changes the supervising prosecutor;

6) within three days makes the decision in connection with the branch declared to the prosecutor and also with its rejection;

7) is initiated if necessary by carrying out joint pretrial investigation by the investigation teams of several investigating bodies;

8) according to the decision, according to the rules of investigative subordination established by this Code transfers production to other body of pretrial investigation for the purpose of ensuring comprehensive and impartial pretrial investigation;

9) according to the proposal of the supervising prosecutor addresses competent authorities with the petition for receipt of consent to initiation of criminal prosecution concerning persons using immunity from prosecution or on deprivation of their freedom;

10) cancels illegal or unreasoned decisions and orders of the supervising prosecutor;

11) within three days makes the decision in connection with objections of the chief of body of inquiry, the investigator or head of investigating body against orders or acts of production of the supervising prosecutor, and also in connection with objections the supervising prosecutor against orders or acts of production of the higher prosecutor;

12) makes the decision in connection with claims of private participants of production or other persons against acts of production of the supervising prosecutor;

13) in the course of pre-judicial production performs other powers referred to its competence by this Code.

Article 38. Powers of the supervising prosecutor in pre-judicial production

1. In the course of pre-judicial production the supervising prosecutor:

1) is checked by execution of requirements of the legislation on acceptance and fixation of messages on presumably criminal cases;

In case of detection of signs of possible crime when implementing the powers criminal proceedings immediately charge to the investigator to get 2) and to begin pretrial investigation, and in need of correction of the actual description of presumable crime or the legal treatment given it – to enter change in minutes on initiation of criminal prosecution;

3) is confirmed by legality of not initiation by the investigator of criminal proceedings;

4) for check in writing demands from body of inquiry documents on the investigation and search operations and confidential investigative actions which are subject to provision to the prosecutor under the Law "About Operational Search Activities" performed in the course of criminal proceedings or checks them on site their stays;

5) for check in writing demands from the investigator materials of criminal proceedings or checks those on site their stays;

6) based on the petition of the investigator for initiation of criminal proceedings concerning person, suspension or renewal of term of criminal prosecution, not initiation of criminal prosecution or makes the relevant decision on its termination;

7) based on production materials on the initiative makes the decision on excitement, not initiation of criminal prosecution or its termination;

8) within three days makes the decision in connection with the branch declared to the investigator, the chief of body of inquiry, the investigator, the head of investigating body and also with their rejection;

9) within three days makes the decision in connection with objections of the chief of body of inquiry against orders or acts of production of the investigator;

10) within three days makes the decision in connection with the investigator's objections against orders or acts of production of the head of investigating body;

11) cancels illegal or unreasoned decisions of the chief of body of inquiry, the investigator or head of investigating body, and also illegal or unreasonable orders of the head of investigating body or the investigator;

12) makes decisions in connection with claims of private participants of production or other persons against acts of production of the chief of body of inquiry, the investigator, investigator or head of investigating body;

13) in case of making of gross violation of the law in the course of criminal proceedings deletes the chief of body of inquiry, the investigator or the investigator from this production, however cannot make the decision on appointment of other person instead of it;

14) suggests the competent higher prosecutor to address to competent authorities with the petition for receipt of consent to initiation of criminal prosecution concerning persons using immunity from prosecution or on deprivation of their freedom;

15) is approved by the indictment or the final act and brings production materials to trial, approves the decision of the investigator on the termination of criminal proceedings;

16) in the cases provided by this Code, by the decision is not approved by the indictment, the final act or the decision of the investigator on the termination of criminal prosecution and returns production materials to the head of investigating body with the order to continue production;

17) in the cases provided by this Code it is competent to withdraw the petition brought by the investigator into court or to participate in production on judicial guarantees;

18) is signed by the agreement on pre-judicial cooperation;

19) the decision is immediately cancelled by any illegal restriction of the rights or freedoms of person, including exempts illegally withheld persons;

20) within one day is represented by objection against the order of the higher prosecutor to the higher prosecutor of the last without its execution if considers that this order is illegal or unreasonable;

21) within three days is represented by objection against the production act of the higher prosecutor to the higher prosecutor of the last, without stopping execution of the decision;

22) in the course of pre-judicial production performs other powers referred to its competence by this Code.

2. In Item sense 13 parts of 1 this Article, the gross violations of the law allowed in the course of criminal proceedings are:

1) violation of the basic rights and human freedoms fixed by the Constitution;

2) the violation breaking the normal course of pretrial investigation;

3) periodic non-execution of orders of the supervising prosecutor.

Article 39. Powers of the prosecutor in the course of judicial proceedings

1. The prosecutor has the right:

1) to declare branches;

2) to initiate petitions;

3) in the procedure established by the law to submit the objects and documents concerning case;

4) to require in the procedure for representation of the objects and documents concerning case established by the law if they are necessary for expression of line item of rather new evidence produced by private participants of production;

5) to express opinion concerning petitions and statements of other participants of judicial proceedings;

6) to object to actions of other participants of judicial proceedings or presiding over judicial session;

7) as a result of research of proofs to change legal treatment of the act incriminated to the person accused;

8) after damning verdict to express line item concerning subject to assignment of punishment;

9) to represent notes concerning the protocol of judicial session;

10) to appeal court resolutions in the cases established by this Code and procedure;

11) to participate in judicial sessions in appeal and Cassation courts;

12) to perform other powers assigned to it by this Code.

2. The prosecutor shall:

1) in Trial Court to participate in legal proceedings, to act with opening speech and closing speech;

2) to participate in research of proofs and other materials of criminal proceedings;

3) to express line item concerning the petition for application of the concord or accelerated production;

4) to bring the compensation claim of the property damage caused to the state owing to the act incriminated to the person accused;

5) in the cases provided by this Code and procedure to change or supplement accusation, constituting the decision on presentation of new accusation;

6) to submit to procedure for judicial session and orders of the chairman.

Article 40. Powers of the head of investigating body

1. For the purpose of providing the proper organization of pretrial investigation, including its efficiency, the head of investigating body:

1) is charged by carrying out pretrial investigation to the investigator acting in its direct subordination;

2) is transferred by production from one investigator acting in its direct subordination, to another;

3) gets acquainted with materials of the production performed by the investigator acting in its direct subordination;

4) the investigator removed from production, the decision replaces with other investigator acting in its direct subordination;

5) makes the decision on carrying out pretrial investigation by the investigation team constituted from the investigators acting in its direct subordination, and at the initiative of the higher prosecutor together with heads of other investigating bodies makes the decision on carrying out pretrial investigation by the joint investigation team;

Charges 6) on the production performed by the investigator acting in its direct subordination to the investigators acting at it in subordination, carrying out separate evidential or other production actions if there is no need for implementation of production by the investigation team;

7) according to the petition of the investigator acting in its direct subordination within the competence submits request for investigative mutual assistance, and in case of receipt of such request within the competence provides its execution;

8) makes the decision on personal carrying out pretrial investigation, using all powers established by this Code for the investigator;

9) monitors carrying out by the investigator acting in its direct subordination, evidential and other production actions, execution of decisions of the prosecutor, its orders and the prosecutor, with adherence to deadlines of criminal prosecution and arrest;

10) is provided by execution of the order of the prosecutor about continuation of production on materials of the returned production;

11) within three days is represented to the higher prosecutor by objection against orders or acts of production of the supervising prosecutor on the production performed by the investigator acting in its direct subordination including against the decision on initiation of criminal prosecution without stopping execution of the order or decisions;

12) performs other powers referred to its competence by this Code.

2. Copies of the decisions and orders provided by part of 1 this Article, the head of investigating body immediately sends to the supervising prosecutor.

Article 41. Powers of the investigator

1. Investigator:

1) in the presence of signs of possible crime is constituted by the protocol on initiation of criminal proceedings and directly starts carrying out pretrial investigation, having immediately in writing informed on it the supervising prosecutor, and in need of correction of the actual description of presumable crime or the legal treatment given it at the request of the supervising prosecutor enters change in minutes on initiation of criminal proceedings;

2) independently channelizes pretrial investigation, makes necessary decisions, carries out investigative and other production actions according to this Code;

3) in case of identification of signs of other presumable crime in the course of pretrial investigation is constituted by the protocol on initiation of criminal proceedings, having immediately in writing informed on it the supervising prosecutor;

4) makes the decision on detention of person or on release of the detained person, having immediately sent the copy of the decision to the supervising prosecutor;

5) takes a legal action with petitions for application of the enforcement measures established by this Code for prolongation of term of arrest, carrying out investigative and confidential investigative actions, having immediately sent the copy of the petition to the supervising prosecutor;

6) from consent or at the request of the supervising prosecutor exempts the arrested person accused;

7) in the cases established by this Code cancels illegal restrictions of the rights and freedoms of person;

8) within the competence makes the decision on application, change, cancellation of measure of restraint, having immediately sent the copy of the decision to the supervising prosecutor;

9) takes measures for ensuring compensation of the damage caused by presumable crime, possible confiscation of property and compensation of production expenses;

Gives 10) to body of inquiry of the recommendation of implementation of confidential investigative actions and investigation and search operations;

11) demands from body of inquiry results of investigation and search operations and confidential investigative actions;

12) is charged to body of inquiry by execution of decisions on detention, arrest, and also receives from body of inquiry the help when carrying out evidential and other production actions;

13) is represented to the supervising prosecutor by the petition for initiation of criminal prosecution, suspension or renewal of term of criminal prosecution, not excitement or the termination of criminal prosecution;

14) brings charge based on the decision of the supervising prosecutor on initiation of criminal prosecution;

15) makes the decision on recognition of the victim, legal representative;

16) is provided by participation in production of the lawyer as the defender or the authorized representative;

Involves 17) in production of the witness, expert, translator, witness;

18) within the competence makes the decision in connection with petitions of private participants of production;

Objects or documents submitted by private participants of production applies 19) to production materials as proofs, and on the bases provided by this Code makes the decision on inadmissibility of these objects or documents;

20) makes the decision in connection with the branch declared to the witness, the translator, the expert;

21) in the cases established by this Code and procedure exempts the defender, the authorized representative, the legal representative or the lawyer of the witness from participation in production or in case of approval by the supervising prosecutor deletes from production;

22) within three days is represented by objection against the order or the production act of the supervising prosecutor to the higher prosecutor, without stopping execution of the order or decisions;

23) in case of disagreement with the order of the supervising prosecutor about cessation of production or completion of pretrial investigation different way, application of enforcement measure, and also with the decision of the supervising prosecutor on initiation of criminal prosecution concerning person who is not the detainee without its execution within one day is represented by objection to the higher prosecutor;

24) within three days is represented by objection against the order or the production act of the head of investigating body to the supervising prosecutor, without stopping execution of the order or decisions;

25) makes the decision on the termination of criminal proceedings, having submitted it for approval to the supervising prosecutor;

26) draws up the indictment or the final statement, submitted for approval to the supervising prosecutor;

27) at the request of the head of investigating body is continued by production on the materials returned by the prosecutor;

28) makes the decision on conducting the check provided by the law or rechecks;

29) performs other powers referred to its competence by this Code.

Article 42. Powers of body of inquiry

1. Investigator:

1) performs investigation and search operations according to the Law "About Operational Search Activities";

2) carries out confidential investigative actions according to this Code;

3) promotes carrying out evidential and other production actions;

4) represents to the investigator results of investigation and search operations and confidential investigative actions in the procedure established by the law;

5) in case of detection of signs of other presumable crime in the course of conducting inquiry immediately in writing informs on it the investigator;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.