[Excerpts]

Code of Criminal Procedure of the Republic of Armenia

Adopted on 1 September 1998

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CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS

Article 7. Legitimacy

1. The agency for inquest, the investigator, the prosecutor, the court, the judge, and any other person participating in criminal proceedings shall be obligated to observe the Constitution, this Code, and other laws.

2. In connection with a criminal case, no person may be detained, arrested, searched, taken into custody, or subjected to any other measure of procedural compulsion or conviction or other restriction of his rights and freedoms otherwise than on the grounds and by procedure prescribed by law.

3. The agency for inquest, the investigator, the prosecutor, the court, and the judge shall apply the law in accordance with their own legal knowledge.

Article 8. Equality of All Before the Law

All people are equal before the law and shall enjoy equal protection of the law, without any discrimination.

Article 9. Respect for the Rights, Freedoms and Dignity of an Individual

1. Respect for the rights, freedoms, and dignity of a person is mandatory for all bodies and persons participating in criminal proceedings.

2. The court can warrant temporary limitation of the rights and freedoms of individuals as well as imposition of measures of procedural compulsion only in cases, where the necessity of such warrant is supported with appropriate legal grounds.

3. In the course of criminal proceedings, no one shall be kept in conditions humiliating human dignity.

4. No one may be forced to participate in procedural actions humiliating his dignity.

5. Everyone has the right to defend his rights and freedoms by any means not prohibited by law.

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Article 18. Presumption of Innocence

1. Every person suspected in or charged with a criminal offense shall be presumed innocent unless proved guilty in the manner prescribed by this Code and unless the verdict comes into legal force.

2. The suspect or the accused is not obligated to prove his innocence. The obligation to prove the innocence of the suspect or the accused can not be imposed on the defense party. The obligation to prove the charges and to disprove the arguments brought in favor of the suspect and the accused lies upon the prosecution.

3. No conclusion that a person is guilty of a crime can be based on suppositions, and such conclusion has to be supported by sufficient combination of reliable and compatible evidence [cumulative evidence], which is relevant to the case.

4. All doubts concerning the charge to be proved, which cannot be eliminated through a due process of law in accordance with the provisions of this Code, are interpreted in favor of the accused and the suspect.

Article 19. The Right to Defense of the Suspect and the Accused and Guarantees for this Right

1. Every suspect and the accused has the right to defense.

2. The body conducting the criminal proceedings, is obligated to explain to the suspect and the accused their rights and provide them with actual possibility to defend themselves against the charges by all means not prohibited by law.

3. The body conducting the criminal proceedings, is obligated to ensure that the legal representative of the suspect or the accused takes part in the case.

4. The suspect and the accused are entitled to defend themselves against the charges either in person or through the legal assistance of a defense attorney and legal representative. Participation of the defense attorney and the legal representative in the criminal proceedings shall not restrict the rights of the suspect and the accused.

5. The suspect and the accused cannot be forced to testify, submit any materials to the bodies of criminal prosecution, or provide any assistance to them.

Article 20. Privilege Against Self-Incrimination

1. No one shall be obligated to furnish evidence against himself, his/her spouse, and close relatives.

2. Any person, who is suggested by the body of criminal prosecution to furnish data or materials incriminating himself, his/her spouse or close relatives, has the right to refuse from doing so.

3. This Code can stipulate also other cases of privilege against testifying or furnishing evidence.

Article 21. Inadmissibility of Repeated Conviction and Criminal Prosecution for the Same Crime

1. No one can be convicted twice for the same offense.

2. After the judgment of the court enters into legal force, the person involved shall be guaranteed, with respect to the same event, against any resumption of criminal prosecution or any replacement of the charge or the penalty with a more severe one.

3. Acquittal or termination of the case or suspension of the criminal prosecution, cassation appeal against the court decision, can be brought within six months after the came into legal force.

4. The decision to suspend the case, or terminate the criminal prosecution can be eliminated only by the attorney general, within six months after such decision has been made.

5. The deadlines mentioned in this Article are not valid in the case of newly discovered circumstances.

Article 22. Rehabilitation of the Rights of the Persons who suffered from Judicial Mistakes

1. An acquitted person is entitled to rehabilitation of his rights, including the compensation financial damages caused to him in the course of criminal proceedings conducted by the bodies in charge of criminal proceedings. Rehabilitation measures shall be implemented by the bodies conducting the criminal proceedings, in the manner prescribed by this Code.

2. Also, entitled to compensation of inflicted financial damage, is any person who was illegally subjected to forced measures by the body in charge of criminal proceedings.

3. The bodies conducting the criminal proceedings must implement all measures envisaged in this Code for the rehabilitation of the rights of the acquitted person.

Article 23. Adversarial System of Criminal Proceedings

1. Criminal proceedings shall be conducted on the basis of the principle of adversarial process.

2. Criminal prosecution, defense, and final resolution of a case shall be separated from each other and shall be conducted by different bodies and persons.

3. The court is not a body supporting either the prosecution, or defense party, while maintaining and expressing only the interests of the law and justice.

4. The court trying a criminal case, shall uphold the principles of objectivity and impartiality and shall create necessary conditions for both parties to comprehensively and fully examine all the circumstances of the case. The court is not bound by the opinions of the parties and is entitled to undertake, upon its own initiative, all the necessary measures to reveal the truth in the criminal case.

5. The parties to a criminal proceeding are empowered by the criminal-procedural legislation with equal rights and chances to defend and support their own positions. The verdict of the court may be based on such evidence only, examination of which has been made equally accessible for both parties.

6. In the choice of their standpoints and methods and measures to be used to maintain those standpoints in the course of criminal proceedings, the parties shall be independent of the court or any other bodies and persons. Upon the motion of a party, the court shall assist such party in receiving necessary materials, in the manner prescribed by this Code.

7. The court shall ensure the right of the parties to participate in the trial of the case by the court of first instance and the appellate court. The person who brought the appeal is entitled to be present in the Cassation Court.

8. Participation of the parties in the examination of a criminal case at the court is obligatory. In every criminal case, prosecution shall be represented at the trial by a prosecutor.

Article 24. Administration of Justice Exclusively by the Court

1. In the Republic of Armenia, justice shall be administered exclusively by the court. Establishment of extraordinary courts is not permitted.

2. No one can be adjudicated guilty in commission of a crime or undergo criminal punishment otherwise than upon the judgment of the court and in accordance with law.

3. Misappropriation of judicial authority shall be punishable under the criminal law.

4. Jurisdiction of the court and procedures for administration of criminal justice may not be arbitrarily changed with respect to particular cases, persons, or situations, or for a particular period of time.

5. No one can be deprived of the right to have his case tried by that particular court or that particular judge, to the jurisdiction of which or whom it is assigned by the law.

6. The judgment or any other decision rendered by the court with regard to criminal cases may be reviewed only by the relevant superior court, in the manner prescribed by this Code.

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