Unofficial transfer (c) Soyuzpravoinform LLC
of November 29, 2024 No. ZR-464
About legal assistance on criminal cases
Accepted by National Assembly of the Republic of Armenia on November 15, 2024
1. This law regulates the procedure and conditions of rendering legal assistance on criminal proceedings provided by the international treaties ratified by the Republic of Armenia and also in case of lack of the international treaties ratified by the Republic of Armenia.
2. Within regulation of this Law the legal assistance on criminal cases includes:
1) requests about legal assistance, including about document transfer and objects, exchange of information, receipt of indications or explanations from persons, provision of information on detainees or other persons, survey, search, obtaining and transfer of physical or digital evidences, conducting examinations, challenge to the Republic of Armenia as the witness, the victim, the property defendant, their legal or authorized representative, the expert and carrying out legal proceedings, persons imprisoned as witnesses or participants of confrontation, the documents necessary for criminal proceedings, and also digital data, records, including provision of originals or verified copies of bank, financial, corporate or business documents, property attachment, distribution of condemned property and t. д,
2) issue (extradition),
3) transfer of criminal proceedings, transfer of convicts, implementation of supervision of person which is conditionally exempted from punishment, recognition, transfer and execution of the sentence pronounced by foreign state and other types of cooperation
4) sending, obtaining and the solution of other requests defined by the international treaties ratified by the Republic of Armenia.
1. The legislation regulating legal assistance in criminal proceedings includes the Constitution of the Republic of Armenia, the international agreements ratified by the Republic of Armenia, the Code of penal procedure of the Republic of Armenia, the Criminal code of the Republic of Armenia, the Penitentiary code of the Republic of Armenia, the Law "About Probation", this law and other laws.
2. In case of contradiction between the international treaties ratified by the Republic of Armenia, and regulations of this law regulations of international treaties are applied.
1. Tasks of this law are cooperation between the states in fight against crime, the organization and implementation of legal assistance in criminal proceedings.
1. The legal assistance on criminal cases is performed on the basis of international law in the field of legal assistance on criminal cases, including on the principles of rendering the broadest help between the states, mutual respect, and also voluntariness of cooperation, reciprocity, inevitability of punishment, non-return, lack of distribution of own citizens, except as specified, provided by the international treaty ratified by the Republic of Armenia.
2. Legal aid in criminal proceedings is performed according to international treaties and the domestic legislation.
3. For the purpose of ensuring personal data protection when rendering legal assistance in criminal proceedings information containing personal data is provided between competent authorities of the Republic of Armenia and foreign state only within the international treaties ratified by the Republic of Armenia, and in case of lack of the international treaty between the Republic of Armenia and the foreign state - on the basis of the arrangement on the reciprocity reached through diplomatic channels.
4. Information on provision of shelter is not provided to the state which sent request about issue if this state is country of source of person who is looking for shelters or the refugee.
5. Competent authorities of the Republic of Armenia take necessary measures for ensuring compliance with the right to private life and personal privacy by all bodies of the Republic of Armenia during legal assistance on criminal cases.
1. The request about legal assistance on criminal cases shall be sent in Armenian or in the language provided by the international treaty.
2. Results of accomplishment of requests about legal assistance on criminal cases shall be sent in Armenian or in the language provided by the international treaty.
3. When rendering legal assistance on criminal cases competent authorities of the Republic of Armenia and foreign state can agree about application of the language accepted for them.
1. The basic concepts used in this law are:
1) legal assistance on criminal cases (further - legal assistance) - the state cooperation performed on the basis of the international treaties ratified by the Republic of Armenia or on the basis of reciprocity including sending, receipt of requests with all types of legal assistance provided by part 2 of article 1 of this law and permission of their course;
2) the central body body, the stipulated in Article 7 these Laws providing rendering legal assistance or coordinating cooperation according to the international treaties ratified by the Republic of Armenia or on the basis of reciprocity, body, the stipulated in Article 7 these Laws;
3) competent body - state bodies which according to the legislation of the Republic of Armenia are authorized to carry out the requests about legal assistance following from their functions and also to send such inquiries;
4) request address of competent authorities of foreign state, sent to the central or competent authorities of the Republic of Armenia, or the appeal of the central or competent authorities of the Republic of Armenia sent to competent authorities of foreign state for the purpose of rendering the appropriate legal assistance or making of other actions provided by this Law;
5) the procedural actions actions provided by the procedural, and also international treaties ratified by the Republic of Armenia, the code of penal procedure of the Republic of Armenia and other actions provided by this Law, performed for the purpose of rendering legal assistance between the states;
6) issue procedure of extradition in competent authorities of the Republic of Armenia of the person searched by competent authority of the Republic of Armenia which is in the territory of foreign state for the purpose of implementation of criminal prosecution or legal proceedings or ensuring execution of the pronounced sentence, or the procedure of extradition in competent authorities of foreign state of person searched by competent authority of the foreign state which is in the territory of the Republic of Armenia for the purpose of ensuring execution of the pronounced sentence;
7) arrest restriction of the right of person to personal liberty on the basis and term, established by this Law;
8) temporary detention content of person under guards for the purpose of receipt of the petition for issue and clarification of the circumstances excluding issue;
9) detention for issue content of person under guards for the purpose of consideration of the petition for issue, and also ensuring its issue;
10) detention for the purpose of the actual transfer - if person was not given for transfer to detention time, detention of the last for the purpose of implementation of the actual transfer;
11) person which is subject to issue - person searched for crime execution or carrying out of sentence the decision was made on permission on which issue;
12) production transfer - transfer of criminal proceedings, initiated by international treaties or on the basis of reciprocity, competent authorities of the Republic of Armenia to competent authorities of foreign state or competent authorities of foreign state to competent authorities of the Republic of Armenia for the purpose of implementation of criminal prosecution or continuation of judicial proceedings;
13) transfer of the convict transfer of the foreign citizen condemned for certain or uncertain term to imprisonment and who is serving sentence in the territory of the Republic of Armenia, or the citizen of the Republic of Armenia condemned in the territory of foreign state and serving sentence, to the state of his nationality (and in case of person without nationality state, provided the residence permit or the permanent residence) for the purpose of serving of the rest of punishment;
14) implementation of supervision implementation of supervision of persons, convicts and conditionally not applying punishment or conditionally exempted from punishment in the territory of the Republic of Armenia, and also condemned and conditionally not applying punishment or conditionally exempted from punishment in the territory of foreign state in the country which is their nationality or the place of permanent residence;
15) conditional release from punishment - conditional non-use of punishment according to Chapter 13 of the Criminal code of the Republic of Armenia or on other bases, or parole from serving sentence, or delay of execution of the punishment therefore concerning person the probation period is established;
16) recognition of sentence recognition of the court verdict of foreign state which took legal effect without entering in it of changes and changes into the imposed penalty for the purpose of ensuring execution of sentence in the territory of the Republic of Armenia;
17) transformation of sentence change of the court verdict of foreign state which entered legal force for the purpose of reduction of the penalty imposed by it in compliance with the punishment appointed for the same crime provided by the Criminal code of the Republic of Armenia;
18) distribution of the confiscated property transfer in parts or in full condemned property in the Republic of Armenia to the foreign state which sent inquiry based on request of foreign state after the recognition which took legal effect of the court verdict;
19) close relatives - the parent, the child, the adoptive father adopted, native or nonnative (the cofounder or the cofounder) the brother or the sister, the grandfather, the grandmother, the grandson, the spouse, the parent of the spouse or the child's spouse;
20) the state which is the place of permanent residence - the state in the territory of which person received the residence permit or the status of the stateless person;
21) removal petition of the participant of consideration of the petition or claim for discharge of the judge, participant (participants) of consideration from participation in consideration of the petition or the claim;
22) person participating in consideration of petitions and claims representatives of competent authority, the stipulated in Clause 32 presents of the Law, the representative of body of inquiry, the revealed person if the last showed willingness to participate in judicial session, his legal representative, the lawyer, the translator;
23) the legal representative-parent, the adoptive father, the guardian or the custodian of the minor who is subject to transfer within the competence employee of guardianship and custody body;
24) body of inquiry - the Ministry of Internal Affairs of the Republic of Armenia.
1. The central bodies coordinating cooperation within legal assistance in the Republic of Armenia according to the international treaties ratified by the Republic of Armenia are:
1) General prosecutor's office - concerning the direction and receipt of requests, stipulated in Item 2 articles 1 of this law on the criminal proceedings which are in pre-judicial production, decision makings on requests about transfer of the received materials, the directions, receipts of productions, permissions of their course;
2) the Ministry of justice - in connection with the direction, receipt of requests about legal assistance in legal proceedings in competent authorities of foreign state, permission of their course, and also in connection with transfer of persons who committed crime, transfer of criminal proceedings, recognition and carrying out of sentences and also in connection with decision making and carrying out requests concerning transfer of convicts, implementation of supervision of the persons which are conditionally exempted from punishment or condemned to conditional non-use of punishment.
3) Directly arrived inquiries about rendering legal assistance which were sent to noncentral body of the Republic of Armenia shall be immediately sent to the central body provided by part of 1 this Article for ensuring their accomplishment if other is not provided by the international treaties ratified by the Republic of Armenia.
4) In the cases established by the international treaties ratified by the Republic of Armenia, communication can be performed on diplomatic channels - through diplomatic representations and consular establishments of the Republic of Armenia in foreign states or International Criminal Police Organization (further - the Interpol) which, having received the corresponding requests, immediately transfer them through diplomatic channels or channels of the Interpol to the central body provided by part of 1 this Article for ensuring accomplishment if other is not provided by the international treaties ratified by the Republic of Armenia.
5) Information and the obtained evidence obtained within reciprocity and cooperation and legal assistance through the central or other bodies the connection established by the international treaties ratified by the Republic of Armenia, in the territory of foreign state according to the procedure, established by the laws of this state and not contradicting requirements of the Code of penal procedure of the Republic of Armenia, has the legal force equal to the evidence obtained in the Republic of Armenia.
1. If obligation to carry out requests about legal assistance follows from more than one international treaty, signed with foreign state, the following rules are applied:
1) if in request it is specified based on what international treaty it was constituted and provided, then the competent authority of the Republic of Armenia performing request is guided by this international treaty within which also application of provisions of other agreements existing between the Republic of Armenia and this foreign state is not excluded;
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