of September 1, 1998 No. ZR-248
Accepted by National Assembly of the Republic of Armenia on July 1, 1998
1. The procedure for production on criminal cases in the territory of the Republic of Armenia is established by the Constitution, international treaties of the Republic of Armenia, the Republic of Armenia, this Code, the Constitutional law of the Republic of Armenia "The judicial code of the Republic of Armenia" and other laws adopted according to them.
The criminal procedure law regulations containing in other laws shall correspond to this Code.
2. The procedure for production established by the legislation on criminal trial is obligatory for courts, bodies of inquiry, pretrial investigation and prosecutor's office, and also for participants of legal proceedings.
1. Criminal trial is performed to provide:
1) protection of the personality, society and state against crime;
2) protection of the personality and society against arbitrary actions and abuses of the government in connection with the valid or expected criminal action.
2. The bodies performing criminal procedure shall take all measures that as a result of their activities:
1) everyone made the act which is not allowed by the Criminal code it was exposed and made responsible in the cases provided by the penal statute, and according to the procedure, established by this Code;
2) any innocent person in crime execution was not suspected, charged and condemned;
3) nobody was exposed illegally or needlessly to measures of procedural coercion, punishment, other restriction of the rights and freedoms.
1. In the territory of the Republic of Armenia, irrespective of the place of crime execution, production on criminal cases is performed according to provisions of this Code if international treaties of the Republic of Armenia do not establish other.
2. Production on cases on the crimes committed outside the Republic of Armenia in the air, sea or river courts which legally are under National flag of the Republic of Armenia or bearing identification mark of the Republic of Armenia, attributed to the airport or pier of the Republic of Armenia is conducted on regulations of this Code.
3. In case of production of separate investigative or judicial actions according to the petition of courts or criminal prosecution authorities of other states the criminal procedure legislation of foreign state can be applied if it is provided by international treaties of the Republic of Armenia.
1. Production on criminal cases is regulated by that criminal procedure law which is effective respectively during inquiry, pretrial investigation or consideration of the case in court.
2. The criminal procedure law canceling or limiting the rights of participants of process, and also otherwise worsening their situation has no retroactive force and does not extend to the production begun to the introduction of this law in force.
3. Admissibility of proofs is determined according to the law existing at the time of their obtaining.
1. Action of this Code and other laws containing regulations of criminal trial do not extend to persons using according to international treaties of the Republic of Armenia diplomatic benefits and diplomatic immunity, and also the other persons who are not falling under criminal jurisdiction according to international treaties of the Republic of Armenia or with article 445 of this Code, except as specified, provided by international treaties of the Republic of Armenia.
2. Features of application of this Code and other laws containing regulations of criminal trial concerning persons specified in part one of this Article are established by regulations of Chapter of 51 of this Code and other laws.
The stated below concepts containing in the Code of penal procedure have the following value:
1) incident - the event containing essential elements of offense in connection with which criminal trial is performed;
2) criminal case - the isolated production performed by criminal prosecution authority or court in connection with one or several presumably committed acts which are not allowed by the Criminal code;
3) materials – the documents and other objects which are component of case or provided for familiarizing with case; messages, and also documents and other objects which can promote establishment of the circumstances important in case of proceeedings;
4) proceeedings - the criminal procedure procedure which begins in case of the solution of question of initiation of legal proceedings and includes the proceeding decisions and actions taken and performed on case;
5) pre-judicial criminal proceeding – criminal proceeding from the moment of the solution of question of initiation of legal proceedings to the direction it in court for consideration on the merits;
6) legal proceedings – the actions provided by this Code, made in course of production on case;
7) proceeding decisions – the decisions (sentences, resolutions) provided by this Code, accepted during criminal trial by the bodies authorized on that or officials;
8) sentence – resolution of the Trial Court and Appeal Court, taken out in judicial session on guilt or innocence of the defendant, application or non-use to it of punishment and on other questions;
9) the resolution – the judgment on criminal case, in addition to sentence, and also the decisions of body of inquiry, the investigator, prosecutor passed during pre-judicial production;
10) the final decision – any decision of the body performing the criminal proceedings excluding the beginning or continuation of proceeedings, and also resolving case on being;
10. 1) the court resolutions resolving case on being - sentence, the resolution on cessation of production on criminal case or the termination of criminal prosecution, the resolution on application of enforcement measures of medical nature of Trial Court, and also the court resolutions which are taken out by Appeal Court as a result of appeal appeal of these acts, court resolutions of Court of cassation in the cases provided by the law;
11) court – the court considering cases in joint structure or solely formed in the procedure established by the law; Trial Court, Appeal Court, Court of cassation;
12) Court of law of the first instance (further - Trial Court) – court which is competent to consider all criminal cases, other cases (materials) provided by the criminal procedure legislation and also to exercise control concerning pre-judicial production of criminal case;
13) Appeal Court – the court considering case in appeal procedure on appeal protest;
14) Court of cassation – the court which, except questions of the constitutional justice, is the highest degree of jurisdiction of the Republic of Armenia, and is urged to provide the same application of the law.
In the cases established by the law, the Court of cassation considers case based on the writ of appeal;
15) the judge – the chairman of justices, the President of Chamber of court, the judge of chamber, other judge of court;
16) the party – the bodies and persons performing in criminal trial criminal prosecution or protection on the basis of competitiveness;
17) criminal prosecution – any legal proceedings performed by criminal prosecution authorities, and in the cases established by this Code – the victim for the purpose of the identification which made the act which is not allowed by the Criminal code, guilts of the last in crime execution and also ensuring application to such person of punishment or other enforcement measures;
18) initiation of criminal prosecution – the resolution of criminal prosecution authority on involvement of person as the person accused, and also before that about his detention or application of measure of restraint to it;
19) the termination of criminal prosecution – the resolution of the body performing criminal proceeding on cancellation of the brought charge or refusal of accusation;
20) accusation - the reasons for making by certain person of the specific act which is not allowed by the Criminal code shown in the procedure provided by this Code;
21) the party of accusation – criminal prosecution authorities, and also the victim, the civil claimant and their legal representatives and representatives;
22) criminal prosecution authorities – the prosecutor (prosecutor), the investigator, body of inquiry;
23) prosecutor – The Attorney-General of the Republic of Armenia and prosecutors subordinated to him, their deputies and assistants;
24) the prosecutor – the prosecutor holding charges in court;
25) the investigator – the official of the Investigative Committee, special investigative service, homeland security, tax or customs authorities who within the powers performs pretrial investigation on criminal case;
26) the chief of investigative department – the chairman of the Investigative Committee and its deputies, the chief of special investigative service and his deputies, the head of department, department, department of the Investigative Committee, special investigative service, homeland security, tax or customs authorities and his deputies who act within the powers;
26. 1) the high-ranking official - the President of the republic, the Prime Minister, vice-Prime Ministers, deputies, judges of the Constitutional court, the judge of courts, members of the Supreme judicial council elected by National assembly, ministers, their deputies, the chief of staff of the President of the republic, the chief of staff of National assembly, the chief of staff of the Prime Minister, the governors, their deputies, the mayor of Yerevan, his deputies, the chairman and members of council of Auditor chamber, members of council of the Central bank, members of autonomous bodies, members of Central Election Commission, the head and members of Statistical committee, prosecutors, persons holding autonomous positions in the Investigative Committee, bodies of homeland security, tax and customs authorities and also heads of police, services of the homeland security providing forced execution, criminal and executive and rescue services Committee of state revenues and their deputies, heads of their structural divisions, the structural units included in structural divisions;
26. 2) person performing public service - officials of police (except for troops of police), bodies of homeland security (except for border troops and the armed divisions), the tax, customs authorities providing forced execution, criminal and executive and rescue services, except for the officials specified in Item 26.1 of this Article;
27) body of inquiry – the inquiries authorized by this Code on implementation the chief of the relevant division of state body (further – the chief of body of inquiry) and employees;
28) protection – the procedural activities performed by the party of protection with the purpose to confute accusation or to mitigate responsibility, to protect the rights and interests of persons to which making of the act which is not allowed by the Criminal code is attributed, and also to promote rehabilitation of persons which illegally underwent to criminal prosecution;
29) the party of protection – the suspect, the person accused, their legal representatives, the defender, the civil defendant and his representative;
30) the body performing criminal proceedings - court, and in case of pre-judicial criminal proceeding – body of inquiry, the investigator, the prosecutor;
31) participants of legal proceedings (process) – the prosecutor (prosecutor), the investigator, body of inquiry, and also the victim, the civil claimant, their legal representatives and representatives; suspect, person accused, their legal representatives; defender, civil defendant and his representative;
32) persons participating in criminal trial - participants of process, the witness, the court session secretary, the translator, the specialist, the expert, the witness;
33) the applicant – any person who addressed court, criminal prosecution authority for protection according to the procedure of criminal trial of its violated right;
34) the petition – the request of the party or the applicant turned to the body performing criminal proceedings;
35) explanation – the oral or written argumentation provided by participants of process and applicants to reasons for the claims or claims of the represented person, and also the oral or written messages of other persons this before initiation of legal proceedings;
36) taking prisoner – action which the actual forced deprivation of person of freedom begins during detention, application of arrest as measure of restraint, the appeal of sentence to execution in the form of imprisonment;
37) arrest – election of detention as measure of restraint;
38) content in bondage – forced deprivation of person of freedom, for whatever reasons it was performed;
38. 1) temporary arrest – content of person in bondage for the purpose of receipt of the petition for transfer and clarification of the circumstances excluding transfer;
38. 2) arrest for transfer – content of person in bondage for the purpose of ensuring its transfer;
39) relatives – the persons who are in family relation and having general ancestors to the great-grandfather and the great-grandmother;
40) close relatives are the parents, children, adoptive parents adopted, full and not full brothers and sisters, the grandfather, the grandma, grandsons, and also the spouse (spouse) and parents of the spouse (spouse), the son-in-law and the daughter-in-law of the last;
41) the client – the suspect or the person accused - for their defender;
42) justified – person concerning whom the verdict of not guilty is pronounced or concerning which criminal prosecution on the innocence basis is stopped;
43) the principal – the victim, the civil claimant, the civil defendant - for the representative;
44) the Union of lawyers of the Republic of Armenia – the organization performing lawyer activities;
45) harm – moral, physical and property damage, subject to cash measurement;
46) the dwelling – the room or structure, constantly or temporarily used for accommodation determined person or persons, including: own or leased apartment, garden house, hotel room, cabin, compartment; respectively the verandahs which are directly adjoining them, terraces, penthouses, balconies, places public, and also other parts forming them used for rest, storage of property, and also satisfaction of other needs of certain person or persons; cellar and attic of residential building. The concept "dwelling" includes also private car, the river or ocean ship, and also personal office office and the car, personal art workshop;
47) other area – the area which is outside jurisdiction and the location corresponding vessels, body of inquiry, body of pretrial investigation, prosecutor's office or outside the residence of person participating in criminal trial;
48) night time – from 22:00 till 7:00 o'clock;
49) the agenda - the paper or electronic document which the body performing criminal proceedings invites person to participate in investigative or other legal proceeding or in judicial session.
1. Body of inquiry, the investigator, the prosecutor, court, and also other persons participating in criminal trial shall observe the Constitution of the Republic of Armenia, this Code and other laws.
2. Nobody can be detained, subjected to search, is arrested, condemned, subjected to the drive on criminal case and other measures of procedural coercion, and also other restrictions of the rights and freedoms differently as on the bases and according to the procedure, established by the law.
1. All are equal before the law and court.
2. The discrimination of the rights, freedoms and obligations depending on floor, race, skin color, ethnic or social origin, genetic signs, language, religion, outlook, political or different views, accessory to ethnic minorities, property status, disability, age or personal or other circumstances of social nature is forbidden.
3. Everyone by consideration of its case in quality of legal argument, has the right to refer to statutory interpretations and other regulatory legal act which is available in the court resolution of court of the Republic of Armenia on another matter on the similar facts which took legal effect. The court addresses such legal arguments.
4. In case of the interpretation other than interpretation of the precept of law by court of cassation on another matter with the similar facts the court shall prove variation from interpretation by court of cassation of the law and other regulatory legal act.
1. The respect of the rights, freedoms and advantage of the personality is obligatory for all bodies and persons participating in criminal trial.
2. The court permits temporary restriction of the rights and freedoms of persons. Measures of procedural coercion are applied to them only in that case when need of such decision is proved according to the procedure of due course of law.
3. Nobody shall be exposed during criminal trial to the address degrading its advantage, contain in humiliating conditions.
4. Compulsion of person to participation in the legal proceedings degrading its advantage is inadmissible.
5. Everyone has the right all means which are not prohibited by the law to protect the rights and freedoms.
1. Everyone has the right in the procedure established by this Code to receive legal aid.
2. The body performing criminal proceedings in case of expression by the suspect, person accused of wish or in case that is required by interests of justice, and also in the cases which are considered obligatory according to this Code and international treaties of the Republic of Armenia shall provide them the right to legal aid.
3. The civil claimant or his legal representative, the legal representative of the suspect and the person accused, and also the civil defendant have the right to use legal aid of the representatives invited by them during criminal trial.
4. Criminal prosecution authority the participation of the lawyer invited by it as the representative having no right to prohibit the victim in case of interrogation.
5. The body performing criminal proceedings can issue the decree on rendering to the suspect or the person accused of free legal aid, proceeding from its property status.
1. Everyone has the right to physical and mental integrity and personal liberty.
2. Nobody can be detained and contain in bondage differently as on the bases and according to the procedure, provided by this Code.
3. Arrest, detention, the forced placement of person to medical or educational institution are allowed only by a court decision. If person was imprisoned for the purpose of submission to competent authority when there is reasonable suspicion of making of crime by it or if it reasonably is necessary for the purpose of suppression of crime execution or escape of person after its making, and in reasonable time after deprivation of person of freedom, however no later than within seventy two hours, the court does not pass the decision on permission of further content it in the conclusion, then he is immediately liberated.
4. Each detainee or the arrested are immediately told the bases of his detention or arrest, and also the actual circumstances and legal qualification of crime of which making he is suspected or accused.
5. Court, and also body of inquiry, the investigator and the prosecutor shall release immediately from prison anything illegally person containing in bondage. The head of administration of the place of detention has no right to accept for serving of the conclusion person without the corresponding judgment and shall release immediately from prison any person at whom the term of detention expired.
6. The search and survey of person, and also other legal proceedings limiting its physical or mental integrity or personal liberty are made in the cases and procedure provided by this Code.
7. Nobody shall be exposed during criminal trial to tortures, illegal physical or mental abuse, including with use of medical supplies, to hunger, exhaustion, hypnosis, deprivation of medical care, and also other ill treatment. It is forbidden to solicit testimonies of the suspect, person accused, defendant, victim, witness and the other persons participating in criminal trial by violence, threats, deception, infringement of their rights, and also other illegal actions.
8. It is forbidden to involve persons in the investigative experiments, other legal proceedings inflicting long or sharp physical suffering, constituting danger to his health or health of people around.
9. During criminal trial application of the means posing hazard to life and health of the person for the environment is forbidden.
1. Everyone has the right to inviolability of home. It is forbidden to get against the will of the person into its dwelling, except the cases provided by the law.
2. The dwelling can be subjected to search only by a court decision in the cases provided by this Code. Survey of the dwelling, production there of other legal proceedings, and also penetration into it using technical means against the will of the borrowing his faces can be made during criminal trial only under the resolution of body of inquiry, the investigator, prosecutor.
1. Arrest can be imposed on bank deposits and other property of persons during criminal trial under the resolution of body of inquiry, the investigator, prosecutor, court.
2. The property withdrawn in case of production of legal proceedings shall be specified and in detail described in the protocol of the corresponding legal proceeding which second copy is issued to the owner of property.
3. Purpose of cash penalties, and also property compulsory acquisition can be made during legal proceedings only by a court decision.
1. Everyone has the right to the mystery of correspondence, telephone negotiations, post, cable and other messages. During criminal trial illegal deprivation of person of the specified rights or restriction in these rights is forbidden.
2. Control of correspondence, post, cable and other messages, listening of telephone negotiations can be performed during criminal trial only by a court decision in the procedure established by the law.
1. In the Republic of Armenia language of criminal trial is Armenian.
2. Persons participating in criminal trial, except for body, performing criminal proceedings, have the right to appear in court in the language preferred by them if provide transfer into Armenian. If he does not know Armenian, the court shall for the account of public funds provide the person accused participating in criminal trial with translation service, except for case when the person accused wishes to provide transfer at own expense.
3. Provides the participant of the criminal trial (except for the body performing production) invited on its initiative of the expert invited according to its petition of the specialist or witness court at the expense of public funds with translation service if the corresponding person does not know Armenian, and person proves that it has no sufficient means for ensuring paid transfer.
4. Persons participating in criminal trial (except for the witness) submit all procedural documents in Armenian or in other language with proper transfer into Armenian. In case of non-compliance with the specified requirement the body performing criminal proceedings does not consider or does not resolve procedural documents, and in the cases provided by this Code – returns to persons which provided them.
5. Persons with acoustical or speech restrictions, according to provisions of this Article, are provided with opportunity to study case papers, to have other rights and to perform the duties established by this Code by means of the signer.
6. For person with disability in connection with visual restrictions participating in criminal trial, availability of procedural documents and court resolutions is provided by means of the assistant at the expense of public funds.
7. In case of need of provision of services of the translator at the expense of the Republic of Armenia in the cases provided by parts 2, of 3, 5 and 6 these Articles, procedure for appointment of the translator, signer or assistant based on the decision of the body performing production, the size and procedure for remuneration of the translator, the signer or assistant are established by the decision of the Government.
1. Case in court is considered on proceeding in open court.
2. For the purpose of protection of private life, honor and advantage of persons participating in criminal trial of interests of minors or justice, and also state security, public order or morals, protection of participants of production or their close relatives the court according to the petition of participants of legal proceedings or on the initiative can consider case or its part on the closed judicial session. The court performs consideration on the closed judicial session also in other cases provided by this Code.
3. If the judgment person performing information activities, or the journalist are forced to disclosure of source of information, then according to the petition of person performing information activities or the journalist legal proceedings are carried out closed.
4. The question of consideration of the case or its part at closed meeting is solved behind closed doors.
5. At closed meeting the court makes the decision on consideration of the case or its part.
6. Consideration of the case on the closed judicial session is performed with observance of the rules established by this Code. In case of consideration of the case or its part at closed meeting the secretary of judicial sessions, bailiffs, participants of legal proceedings, and if necessary – the witness, the translator, the specialist, the expert and the witness have the right to be present at closed meeting. Specified persons are warned by person by capture of the signature about responsibility for disclosure of the secret data protected by the law and their use with violation of established procedure.
7. In case of consideration of the case or its part at closed meeting final part of court resolution is disclosed, except as specified, when it contains the secret protected by the law. The final part of court resolution containing the secret protected by the law and also those parts which formed the basis for carrying out the closed legal proceedings is disclosed at closed meeting.
8. In case of consideration of the case or its part at closed meeting further review of this case in other degrees of jurisdiction is carried out by the judgment closed.
2. Judge, the prosecutor, the investigator, the employee of body of inquiry cannot participate in criminal proceeding if they are directly or indirectly interested in the outcome of the case.
3. The body performing criminal prosecution shall take all measures provided by this Code for comprehensive, complete and objective investigation of the facts of the case, reveal both the circumstances proving guilt of the suspect and person accused, and justifying them and also mitigating and aggravating their responsibility.
4. Statements of the suspect, the person accused and their defender for their innocence, for availability of the proofs acquitting the suspect or the person accused mitigating their responsibility and also protests during criminal trial shall be checked for violations of legality carefully by the body performing criminal proceedings.
1. The suspect or the person accused of crime is considered innocent until his guilt is proved in the procedure established by this Code and is established by the court verdict which took legal effect.
2. The suspect or the person accused shall not prove the innocence. The obligation of proof of their innocence cannot be assigned to the party of protection. The obligation of proof of accusation and confutation of the arguments given to protection of the suspect or person accused is born by the party of accusation.
3. Conclusion about guilt of person in crime execution cannot be based on assumptions; it shall be confirmed with sufficient set of the interconnected mathematical evidences concerning case.
4. All doubts in validity of accusation which cannot be eliminated within due course of law according to provisions of this Code, are interpreted for benefit of the person accused or the suspect.
5. The measures of restraint applied concerning the suspect or the person accused do not may contain punishment elements.
1. The suspect and the person accused have right of defense.
2. The body performing criminal proceedings shall explain to the suspect and the person accused of their right and to provide them the actual opportunity to be protected from accusation by all means which are not prohibited by the law.
3. The body performing criminal proceedings shall recruit in appropriate cases in the case of the legal representative of the suspect and the person accused.
4. The suspect and the person accused have the right to be protected from accusation as personally, and through the defender and the legal representative. Participation in criminal trial of the defender and the legal representative of the suspect and the person accused does not limit the rights of the suspect and person accused.
5. To inadmissibly force the suspect and the person accused to give evidences, to represent materials to the body performing criminal proceedings or to render him any assistance.
1. Nobody shall give the evidence against himself, the spouse or close relatives if he reasonably assumes that it can be used further against it or them.
22. Person to whom the body performing production suggests to report data or to provide materials, has the right to refuse the message of data or provision of materials if it is reasonably supposed that further they can be used against it, his spouse (spouses) or close relatives.
3. Other cases of release from obligation can be provided by this Code to witness and report data.
1. Nobody can be repeatedly condemned for the same act.
2. Availability of the sentence which took legal effect or court orders concerning the same person concerning the same case excludes renewal of criminal case based on replacement of punishment heavier or purposes more strictly of punishment or on other basis which will lead to deterioration in condition of person.
3. Availability of the decision of criminal prosecution authority on suit abatement, the termination of criminal prosecution or non-realization of criminal prosecution excludes renewal of criminal case if it can lead to deterioration in condition of person, except as specified, provided by part four of this Article.
4. The prosecutor can cancel the decision of body of inquiry or the investigator on the termination of criminal case, initiation of legal proceedings or refusal in initiation of legal proceedings within 7 days from the moment of receipt of the copy of the decision. After that the decision of criminal prosecution authority on suit abatement, the termination of criminal prosecution or non-realization of criminal prosecution can be cancelled once and only by the Attorney-General in six-months time after pronouncement of the similar decision.
5. Rules of parts two and third this Article are not effective in the cases provided by Section 12.1 of this Code.
6. Rules of part two of this Article are not effective in those exceptional cases when during the previous judicial review such fundamental violations of substantive or procedural law as a result of which the adopted court resolution undermines essence of justice were allowed, breaks necessary balance constitutionally of the protected interests.
1. Justified has the right to recovery of the rights, including to compensation of the material damage caused to it by the bodies performing criminal proceedings.
2. Any person which illegally underwent to enforcement measures the body performing criminal proceeding also has the right to compensation of material damage.
3. The bodies performing criminal proceedings shall take all measures to recovery of the rights justified, provided by this Code.
1. Criminal trial is performed on the basis of the principle of competitiveness.
2. Criminal prosecution, protection and permission of case are separated from each other; they are performed by different bodies and persons.
3. The court is not on the side of accusation or protection and expresses only interests of the right.
4. The court considering criminal case, keeping objectivity and impartiality, creates to the parties of accusation and protection necessary conditions for comprehensive and complete investigation of the facts of the case. The court is not connected by opinion of the parties and has the right to take on own initiative necessary measures to establishment of the truth for criminal case.
5. The parties participating in criminal trial are allocated with the criminal procedure legislation equal opportunities to uphold the line item. The court bases sentence only on those proofs during which research equal conditions of each of the parties were provided.
6. During criminal trial of the party within the law choose the line item, methods and means of its upholding independently, irrespective of court, other bodies and persons. The court according to the petition of the party assists it in the receipt of required materials according to the procedure established by this Code.
7. The court provides to the parties the right to be involved in consideration of the case in Trial Court and Appeal Court. Person which brought protest has the right to be present when considering the case at Court of cassation.
8. Participation of the parties in consideration of criminal case in court is obligatory. The party of accusation in consideration of criminal case in court is represented by the prosecutor.
1. Justice on criminal cases in the Republic of Armenia is performed only by courts. Creation of emergency courts is forbidden.
2. Nobody can be found guilty of crime, and also will subject to criminal penalty differently as according to the court verdict according to the law.
3. Assignment of powers of court is punished according to the penal statute.
4. Competence (jurisdiction) of court, procedure of criminal trial cannot be randomly changed them for separate cases or persons either for certain situation or to any period of time.
5. Nobody can be deprived of the right to consideration of its case in that court and that judge to which cognizance it is carried by the law.
6. The sentence and other judgments on criminal case can be reviewed only by superior courts according to the procedure, established by this Code.
1. The judge, and also body of inquiry, the investigator, the prosecutor estimates proofs on the internal belief.
2. No proof in criminal trial has predefined force. The judge, and also body of inquiry, the investigator, the prosecutor shall not show the prejudiced relation to proofs, shall not give their certain part bigger or smaller value in comparison with others prior to their research within due course of law.
Criminal proceeding, namely: preparation for excitement, initiation of legal proceedings, criminal prosecution, and also all legal proceedings connected with the initiated proceedings and the performed criminal prosecution and decision making are made by bodies and the officials identified by this Code within the powers conferred to them.
Body of inquiry, the investigator, the prosecutor shall bring within the competence criminal case in each case of detection of essential elements of offense, take all measures provided by the law to disclosure of persons who committed crime, and crimes and also circumstances of its making.
In case of identification during pretrial investigation on the same case of the facts of making by the same person of other crimes res criminal case can not be brought if within already brought criminal case carrying out pretrial investigation on case in full is possible.
1. In one production by the investigator, the prosecutor or court cases in the relation of several persons accused of partnership in making of one or several crimes or cases on several crimes committed by one person and also any other criminal cases can be connected if in connection with their actual circumstances there is need of ensuring comprehensive, complete and objective investigation.
2. Case concerning accomplices in making of one or several crimes is allocated with the resolution of the investigator, prosecutor or court if it is not necessary based on the circumstances of a matter and can affect completeness and objectivity of proceeedings.
1. The course and results of legal proceedings are reflected in the protocol (except as specified, provided by part 3.1 of article 209 of this Code) which was constituted during legal proceedings or directly later from the termination.
2. The protocol is written by hand or produced with use of technical means. When implementing legal proceedings shorthand, photography, filming, audio-and video can be made.
Photographic negatives and pictures, films, slides, audio recording, interrogation videotapes, carriers of computer information, drawings, plans, copies of molds, the prints of traces constituted or made during legal proceedings are applied to criminal case.
The body of inquiry or the investigator before use of technical means checks their operability. Video filming shall be performed from the moment of the beginning of investigative action, without interruptions, except as specified unexpected technical defect or other objective reasons. In case of video filming interruption investigative action is interrupted about what the separate protocol in which it is specified about the reasons is constituted. Carrying out investigative action continues from the moment of video filming renewal. Before the body of inquiry or the investigator takes measures for protection of the venue of investigative action, traces and objects. Case of video filming integrity, visibility (scope, lighting and other) and the audibility of process of investigative action are provided. Materials of video filming are not subject to installation or other change.
3. In the protocol are specified:
1) the place, day, month, year of implementation of legal proceeding, time of its beginning and the termination to within minute;
2) position and surname of person which constituted the protocol;
3) surname, name, middle name, and in case of need the address and other personal data of each person participating in legal proceeding.
4. Legal proceedings are described in the protocol in that sequence in what they took place actually. In the protocol the circumstances (except as specified, provided by part 3.1 of article 209 of this Code) received during their production and important for case are specified, statements of participants of legal proceeding are stated.
5. In the protocol data on the technical means used during legal proceeding, condition and procedure for their use, objects to which technical means, and the received results, and also data concerning the warning of participants of use of technical means were used are specified.
The procedure for use of the technical means used during legal proceedings establishes the Government of the Republic of Armenia.
6. The protocol is shown for acquaintance to persons participating in legal proceeding. At the same time their right to entering into the protocol of amendments and corrections is explained to specified persons. All statements for entering into the protocol of amendments and corrections are signed by persons participating in legal proceeding.
In case of refusal the suspect, the person accused, the victim, the witness or the other person participating in legal proceeding to sign the protocol the investigator enters the corresponding record about it which makes sure signatures of the investigator, defender, representative, legal representative, legal successor or witness in minutes if they participate in legal proceeding.
Opportunity to offer explanation of causes of failure or refusal of explanation of the reasons that it is also fixed in the protocol shall be given to person who refused to sign the protocol.
If the suspect, the person accused, the victim or the witness owing to physical defects, either the state of health, or illiteracy is deprived of possibility of signing of the protocol personally, then the protocol for acquaintance of this person is shown in the presence of the defender, the legal representative, the representative or the witness who confirm with the signatures compliance of contents of the protocol of reality and impossibility of its signing by the suspect, person accused, victim or witness.
8. The protocol also shall contain records about explanation to participants of legal proceeding of their rights and obligations, explanation it effects of non-execution of obligations, explanation of general procedure of legal proceeding which make sure signatures of participants of legal proceeding.
1. The criminal case file is stored in criminal case.
2. Each document which is available in case shall be page by page numbered immediately after its familiarizing with case. The bodies performing criminal proceedings perform consecutive numbering of sheets in chronological procedure for their familiarizing.
3. All proceeding decisions and protocols of judicial session are stated on the numbered forms which are considered as documents of the strict reporting.
4. Documents of criminal case shall be bound in one or several folders supplied with the corresponding texts on each cover and the inventory of the materials containing in them.
5. Other objects and documents which in view of the bulkiness or in character cannot be stored in criminal case are stored separately from case in quality of its integral part. The inventory of the objects and documents which are stored separately from criminal case joins criminal case.
6. Documents of criminal case can be copied on the paper or electronic medium by the body performing criminal procedure which certifies correctness of the copy.
1. Criminal proceeding can be completely or in the corresponding part is suspended by the resolution of the prosecutor, investigator or court if:
4) the person accused is seriously ill or is outside the Republic of Armenia because of what cannot participate in criminal proceeding if without its participation further criminal proceeding is impossible;
5) the force majeure which is temporarily interfering further criminal proceeding is effective.
2. At the initiative of court or based on the petition of participants of process criminal proceeding can be suspended by the court order if the court considers that the law which is subject to application or other legal act contradicts the Constitution of the Republic of Armenia. In this case the court has the right to suspend proceeedings and to appeal to the Constitutional court of the Republic of Armenia.
3. The petition of participants of process for suspension of proceeedings on this basis are satisfied or deviate by the court order which in ten-day time after its removal can be protested in superior court.
4. Criminal proceeding can be suspended after production of all necessary admissible legal proceedings.
5. Criminal proceeding stops before falling away of the bases which formed the basis for its suspension. After their falling away it renews the resolution of the prosecutor, investigator or court.
6. Proceeedings, suspended on the basis provided by part two of this Article, are resumed after pronouncement of the resolution the Constitutional court of the Republic of Armenia.
Criminal proceeding comes to an end:
1) after pronouncement of the resolution on cessation of production on criminal case;
2) after entry into force of the court verdict or other final decision on case if it does not require acceptance of special measures to its execution;
3) on receipt of confirmation about the appeal to execution of the court verdict or other final decision on case if it requires acceptance of special measures to its execution.
1. In view of weight and nature of the committed crime prosecution in criminal trial is performed by public and private procedure.
2. Cases on crimes, stipulated in Article 183 of this Code are considered as cases of private prosecution.
3. Cases on all other crimes are considered as cases of public prosecution.
4. Criminal prosecution can be performed only on the brought criminal case.
1. Criminal prosecution authorities within the powers can detain, interrogate person suspected of crime, apply to it measures of procedural coercion, and also attract as the person accused and bring charge on the bases and according to the procedure, the provided this Code.
2. The prosecutor shall hold charges in court, the circumstances excluding criminal prosecution or criminal proceeding will not be found yet.
1. Criminal case cannot be brought and criminal prosecution cannot be performed, and production on the initiated proceedings is subject to the termination if:
2) in act there is no actus reus;
3) the act which did harm according to the penal statute is considered lawful;
4) there is no applicant's protest – in the cases provided by this Code;
5) the victim conciliated with the suspect or the person accused – in the cases provided by this Code;
6) prescriptive limit expired;
7) concerning person is available the sentences or other judgment which took legal effect on the same accusation established impossibility of criminal prosecution;
8) concerning person there is not repealed resolution of body of inquiry, the investigator and prosecutor on refusal of implementation of criminal prosecution on the same accusation;
9) person by the time of making of act did not reach the age provided by the law for assignment on it criminal liability;
10) person died, except as specified, when proceeedings are necessary for recovery of the rights of the dead or for renewal of case in the relation of other persons on newly discovered facts;
11) person voluntarily refused finishing crime up to the end if the act which is actually made by it does not contain other actus reus;
12) person owing to provisions of general part of the Criminal code of the Republic of Armenia is subject to release from criminal liability;
13) the law on amnesty is adopted.
1.1. The Item 10 parts one of this Article does not extend to cases of recognition of person by the dead according to the procedure, provided by the Civil Procedure Code. According to the procedure, provided by the Civil Procedure Code, recognition of person by the dead is the basis for the termination concerning person of criminal prosecution and cessation of production of criminal case only according to the decision of the Attorney-General of the Republic of Armenia.
2. Criminal prosecution, and also proceeedings are subject to the termination as a result of absence of proof of participation of the suspect or the person accused in the committed crime if all opportunities of receipt of new proofs are exhausted.
3. The prosecutor, the investigator, having found the circumstances excluding criminal proceeding issue the decree on suit abatement or on the termination of criminal prosecution in any stage of pre-judicial production. The prosecutor has the right to issue the decree on cessation of production on criminal case or about the termination of criminal prosecution and after the direction of case in court, but prior to consideration of the case in judicial session.
4. The prosecutor, having found in court of circumstance, excluding criminal prosecution, shall declare refusal of implementation of criminal prosecution concerning the defendant. The statement of the prosecutor for refusal of implementation of criminal prosecution concerning the defendant is for court the basis for cessation of production on criminal case and for the termination of criminal prosecution.
5. Court, having found the circumstances excluding criminal prosecution resolves question of the termination of criminal prosecution concerning the defendant.
6. Suit abatement and the termination of criminal prosecution on the bases specified in Items 6 and 13 of part one of this Article is not allowed if the person accused objects to it. In this case proceeedings continue regular procedure.
On the basis specified by Item 13 parts one of this Article the refusal in initiation of proceedings, cessation of production and the termination of criminal prosecution is not allowed if the caused loss was not indemnified or is not eliminated otherwise, or there is dispute concerning the damage which is subject to compensation. In this case case production also continues regularly. The adjustment provided by this paragraph is effective if other is not provided by the law on amnesty.
Production on cases on the crimes specified in Article part two 33 of this Code stops and stated refusal of implementation of criminal prosecution when the victim conciliates with the person accused.
1. Court, the prosecutor, and also the investigator with the consent of the prosecutor can stop production on the brought criminal case and stop criminal prosecution in the cases provided by Articles 72, 73 and 74 Criminal codes of the Republic of Armenia.
2. The prosecutor, and also the investigator with the consent of the prosecutor can not bring criminal case and not perform criminal prosecution in the cases provided by part one of this Article.
3. Suit abatement and the termination of criminal prosecution in the cases provided by articles 72 and 74 of the Criminal code of the Republic of Armenia is not allowed if person concerning whom criminal prosecution is performed objects to it.
Justice on criminal cases in the Republic of Armenia is performed by Trial Courts, Appeal criminal court, and also Court of cassation of the Republic of Armenia.
1. Consideration of criminal cases and materials performs court jointly or as a part of one judge.
2. In Trial Courts of case and materials are considered by the judge solely.
3. Voided according to the Law of the Republic of Armenia of 11.02.2009 No. ZR-45
4. Claims against the court resolutions resolving case on being in Appeal Court are considered jointly as a part of three judges, and the claim against the court resolutions which are not resolving case on being - solely.
5. The question of adoption of the writ of appeal to production in Court of cassation is considered by the majority from total number of judges of criminal chamber of Court of cassation. The writ of appeal is considered accepted to production if most of judges of criminal chamber of Court of cassation voted for it. Considers the writs of appeal accepted to production, Court of cassation jointly most of judges of criminal chamber of Court of cassation.
1. When implementing justice of the judge are independent and submit only to the law.
2. Judges resolve criminal cases and materials on the internal belief, on the basis of proper research of the produced evidence. Courts are not connected by the conclusions drawn in pre-judicial production.
3. Justice is performed in the conditions excluding foreign impact on judges.
4. Persons guilty of rendering illegal impact on judges, and also in other intervention in implementation of criminal trial by court, bear the responsibility provided by the law.
1. The court is authorized to consider and resolve the arrived cases and materials in the meetings. The refusal of implementation of justice is inadmissible.
2. In particular, treat powers of court:
1) to issue decrees on arrest, prolongation of term of arrest, in the cases provided by the law: search, confiscation, the placement of persons to medical institutions, refusal in the petition for rejection, receipt of the data which are notarial secret and also restriction of correspondence, telephone conversations, the rights of confidentiality of post, cable and other messages, in the cases provided by the law to consider and resolve claims against decisions and actions (bezdeystviye) of the worker, investigator, prosecutor of body of inquiry, the bodies performing operational search actions;
2) decision making, connected with preparation of case for legal proceedings;
3) consideration of criminal cases on the first instance, in appeal and cassation procedure;
4) the address in the cases provided by this Code to the prosecutor with the petition for initiation of legal proceedings;
5) the direction of sentence for the appeal to execution;
6) permission of the questions arising in case of the appeal of sentence to execution;
7) permission of the questions connected with removal of criminal record;
8) permission of other questions in the cases provided by the law.
3. According to the decision of the judge considering case judicial session out of court room can be held if it proceeds from interests of efficiency of justice.
1. The judges within the competence considering the cases solely performing administrative actions for preparation of judicial session, ensuring execution of sentence or other decision are given authority vessels.
2. When considering the case in joint structure all judges have the equal rights.
1. When considering the case or material in the joint list of judges the chairman of justices or the President of Chamber or the judge authorized on that according to the procedure, provided by the law presides.
2. The chairman prepares and directs court session, takes measures to ensuring fair treatment of criminal case and observance of other requirements of this Code, and also proper conduct of persons which are present at court session.
3. When considering the case in the joint list of judges the chairman represents all questions connected with consideration and permission of case on permission of all judges. Accepted is considered the decision supported by most of judges and if voices were divided equally, - that decision which is optimum for the person accused.
Trial Courts consider all criminal cases, other cases (materials) provided by the criminal procedure legislation and also exercise control concerning pre-judicial production of criminal case.
To Appeal criminal court cases of the Trial Courts relating to not taken legal effect, and in exceptional cases, provided by the criminal procedure legislation, - to the court resolutions which took legal effect are jurisdictional.
To criminal chamber of Court of cassation of the Republic of Armenia cases on the court resolutions of Appeal Court which are taken out and not taken legal effect, and, in the exceptional cases provided by the criminal procedure legislation, also the cases concerning the court resolutions which took legal effect are jurisdictional.
1. To Trial Court cases on those crimes which were committed in the judicial territory of the relevant Trial Court are jurisdictional.
2. The lasting crime is considered committed in that territory in which it was ended. The continued crime is considered committed in that territory in which the last act which is not allowed by the penal statute is made.
3. Case on the crime committed in the territory of other state, jurisdictional to court in which judicial territory there is the last residence of the person accused and if it was not succeeded to determine it, - to court in which judicial territory pre-judicial criminal proceeding was finished.
1. Voided according to the Law of the Republic of Armenia of 11.02.2009 No. ZR-45
2. In case of cognizance of cases on two or more crimes to Trial Courts, in case of their consolidation, case is considered by court in which judicial territory pre-judicial production on this case is ended.
1. Court, having found out that the arrived case to it is not jurisdictional, directs it on cognizance.
2. If violation of procedure for cognizance, stipulated in Article 44, the 47 or 48 of this Code, is revealed during legal proceedings, then with the consent of the parties the court has the right to leave case in the production. In case of objection of one of the parties the taken place legal proceedings of case it is considered invalid, and case goes on cognizance.
3. Voided according to the Law of the Republic of Armenia of 11.02.2009 No. ZR-45
1. Territorial cognizance of criminal case can be changed with the consent of all persons accused if many persons participating in criminal trial on this criminal case live out of the judicial territory of this Trial Court.
2. The decision on change of cognizance in appropriate cases is made by the court considering case.
Disputes on cognizance between Trial Courts are resolved by the Chairman of Court of cassation of the Republic of Armenia.
1. The prosecutor is the state official designated in the procedure established by the law who within the competence exercises criminal prosecution, supervision of legality of inquiry and pretrial investigation, holds charges in court, participates in consideration of question, connected with implementation of judgments by court, protests sentences and other final decisions of court. The prosecutor holding charges in court hereinafter is referred to as as the prosecutor.
2. The prosecutor shall show to the person accused or to person bearing property responsibility for actions of the last, the claim in protection of valuable interests of the state.
If the convict in three-months time does not take a legal action for the purpose of review of court resolution after entry into force of the law canceling crime of the act commuting penalty or improving otherwise situation of person who committed crime, then the prosecutor, after the expiration of three-months term, during monthly term brings the corresponding petition into court.
For the purpose of review of the court resolutions which are not reviewed judicially concerning persons who are earlier condemned on capital punishment, the prosecutor brings into court the corresponding petition till August 1, 2006.
3. When implementing the power on production of criminal case the prosecutor makes decisions independently, based on the laws and internal belief, and is responsible for the made decisions.
4. The subordinate prosecutor shall perform all written instructions of the higher prosecutor, except for the case provided by part five of this Article when the prosecutor believes that specifying is illegal. In case of recognition of the specifying issued by the higher prosecutor unreasonable, the prosecutor shall, and in case of specifying recognition by unreasonable – can appeal it to the higher prosecutor who issued specifying.
5. When implementing supervision concerning legality of inquiry or pretrial investigation the prosecutor shall perform written specifying of the higher prosecutor unless believes that similar specifying is unreasonable or illegal. In similar cases the prosecutor exercising supervision shall refuse its execution, having instantly in writing informed the instructed higher prosecutor who has the right to accept personally control or to charge its implementation to other prosecutor.
1. The prosecutor during pre-judicial production is authorized:
1) to initiate and perform criminal prosecution, to repeal the decree on the termination of criminal case issued by the investigator, to bring criminal case according to the petition of court, to repeal resolutions of body of inquiry and the investigator on refusal in initiation of legal proceedings and to bring criminal case, and also to bring criminal case on the initiative;
2) ceased to be valid according to the Law of the Republic of Armenia of 29.03.2007 No. ZR-129
To charge 3) to body of inquiry and the investigator preparation of materials on crime event for initiation of legal proceedings;
To charge 4) to body of inquiry and the investigator production of urgent investigative actions;
5) ceased to be valid according to the Law of the Republic of Armenia of 18.12.2007 No. ZR-270
6) to perform procedural management of inquiry and pretrial investigation.
2. Is special powers of the prosecutor when implementing procedural management of inquiry and pretrial investigation:
1) to check execution by body of inquiry of requirements of the law on acceptance, registration and permission of messages on the committed or preparing crimes, about other incidents.
To request from 2) for check body of inquiry, the investigator materials, documents, criminal cases and data on investigation, and also to meet them or to check them in the place of their stay;
To withdraw 3) from body of inquiry any criminal case and to transfer to body of pretrial investigation, to submit criminal case from one body of pretrial investigation, stipulated in Clause 190th of this Code, to other body for the purpose of ensuring comprehensive, complete and objective investigation;
4) in case of need to give to the chief of investigative department written specifying about making of consideration of the case by the investigation team, and also to instruct chiefs of investigative departments of the different bodies holding pretrial investigation in inclusion in the created investigation team of investigators from among these bodies.
Investigators of special investigative service can be involved in the investigation teams created for consideration of the criminal cases which are subject only to this service.
5) to resolve questions of the branch declared to the employee of body of inquiry, the investigator, the subordinate prosecutor and also rejection of the last;
To give 6) to body of inquiry, the investigator written instructions about production of investigative and other legal proceedings, about decision making;
7) in seven-day time after receipt of written objections of the investigator according to decisions and instructions of the supervising prosecutor to reject these requirements, having upheld the decision or specifying of the supervising prosecutor, or to cancel the decision or specifying of the supervising prosecutor, having recognized objection reasonable;
8) for the purpose of law enforcement of consideration of the case to give written instructions to the prosecutor exercising control;
9) to resolve the protests brought on decisions and actions of body of inquiry, the investigator, except for protests which permission under the law is provided to court;
10) to debar the employee of body of inquiry, the investigator from criminal trial on this case if they in case of legal investigation allowed violation of the law;
11) to address to relevant organs with petitions for the solution of question of arrest of persons using immunity from prosecution, assignment on them criminal liability if these persons be involved as persons accused on criminal case;
12) to return criminal case to the investigator with obligatory instructions about production of additional investigation;
13) to cancel illegal or unreasoned decisions of body of inquiry or the investigator;
14) to approve the indictment, and on criminal cases concerning the persons who made the act which is not allowed by the Criminal code in condition of diminished responsibility or became deranged after making of the act which is not allowed by the Criminal code - the closing provision;
15) to take case to court for consideration it in essence.
3. When implementing procedural management of pretrial investigation and inquiry the prosecutor also has the right:
1) ceased to be valid according to the Law of the Republic of Armenia of 18.12.2007 No. ZR-270
To receive 2) within the competence from body of inquiry of the data on implementation of operational search activities and the taken measures for disclosure of crimes, detection of missing persons and the missing of property;
3) to request documents, materials and cases which may contain data on incidents and persons, involved in them;
To give 4) to body of inquiry obligatory written instructions about implementation of investigation and search operations in connection with criminal proceeding;
5) to take a legal action with the petition for election concerning the charged arrest as measure of restraint and prolongation of term of its content under guards, seizure of correspondence, post, cable and other messages, about listening of telephone negotiations, dwelling search;
6) to refuse implementation of criminal prosecution concerning the person accused, to stop criminal proceeding or to stop criminal prosecution;
To charge 7) to body of inquiry execution of resolutions on detention, the drive, arrest, production of other legal proceedings;
8) to take measures to protection of the victim, witness and other persons participating in criminal trial;
9) to take a legal action with the petitions provided by this Code;
10) to exempt persons, detainees or arrested without legal causes or needlessly;
To cancel 11) in case of need falling away restriction of the right to the mystery of correspondence, telephone negotiations, post, cable and other messages.
4. During pre-judicial criminal proceeding the prosecutor performs also other powers provided by this Code.
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