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Criminal Procedure Code of the Republic of Armenia


GENERAL PART

Section One: GENERAL PROVISIONS

CHAPTER 1. LEGISLATION ON CRIMINAL PROCEDURE

Article 1. Legislation Governing Criminal Proceedings

1. In the territory of the Republic of Armenia, criminal proceedings shall be governed by the Constitution of the Republic of Armenia, this Code and other laws.

2. Regulations established by the criminal-procedure legislation to govern the conduct of criminal proceedings are mandatory in any court of law, any agency of inquest or preliminary investigation, in any office of prosecution, and the participants of the proceedings.

Article 2. Objectives of the Criminal-Procedure Legislation

1. Criminal proceedings are conducted to provide for the following:

2. Bodies administering criminal proceedings shall make every effort to ensure that, as a result of their activities:

Article 3. Territory of Effect of the Criminal-procedure Law

1. In the territory of the Republic of Armenia, proceedings in criminal cases shall be conducted in accordance with the provisions of this Code, irrespective of the place where the crime was committed, unless otherwise prescribed by the international treaties of the Republic of Armenia.

2. Beyond the territory of the Republic of Armenia, criminal proceedings, emerging from commission of crimes on board of any sea or river ship, or aircraft, registered in the airport or sea port of the Republic of Armenia, lawfully sailing under the flag of the Republic of Armenia or bearing the markings of the Republic of Armenia, shall be governed by the provisions of this Code.

3. Upon the motion of foreign courts or investigation agencies, criminal-procedure legislation of the given foreign country may apply to certain investigative or court actions, if so provided by international treaties of the Republic of Armenia.

Article 4. Effect of the Criminal-Procedure Law in the Course of Time

1. Proceedings in a criminal case shall be governed by the criminal-procedure law applicable at the time of inquest, preliminary investigation, or trial, respectively.

2. Any criminal-procedure law, which eliminates or limits the rights conferred upon the participants of proceedings or disparages their situation, shall not have retrospective effect, i.e., it shall not apply to any proceedings initiated before the effective date of such a law.

3. Admissibility of evidence shall be determined in accordance with the law applicable at the time the given evidence was obtained.

Article 5. Peculiarities in the Effect of the Criminal-Procedure Law

1. Criminal proceedings in cases, where foreign citizens or stateless persons are either suspected to be involved in or charged with crimes, shall be governed by the provisions of this Code.

2. Peculiarities of criminal proceedings against or involving persons, who are entitled to diplomatic or other immunity and privileges shall be determined in accordance with the provisions of the international treaties of the Republic of Armenia, this Code and other laws.

Article 6. Definitions of the Basic Notions Used in the Criminal-procedure Code

The notions used in the criminal procedure Code have the following meaning:

1. “incident” means an event containing elements of crime, with regard to which criminal proceedings are conducted;

2. “criminal case” means a separate proceeding, conducted by a criminal prosecution agency and a court of law, with respect to one or several allegedly committed actions prohibited by criminal law;

3. “materials” means documents and other items which make a constituent part of a case or which are submitted to be filed in the case docket; reports as well as documents and other items that might be significant for the purpose of revealing any circumstances worthy of being considered during the proceedings;

4. “case proceedings” refers to the juridical criminal procedure conducted to determine whether or not criminal proceedings [BMA1] should be initiated in a given case, and includes procedural decisions and actions implemented and adopted in a given case;

5. “pre-trial criminal proceedings” refers to the proceedings in a criminal case from the moment of institution of criminal proceedings to the moment when the case is brought before a court of law for trial;

6. “procedural actions” means actions taken in the course of criminal proceedings envisaged in this Code;

7. “procedural decisions” means decisions passed by authorized bodies or officials during criminal procedure, as prescribed by this Code: verdicts; resolutions; rulings;

8. “verdict” means a decision handed down by a first-instance court and court of appeals at its session to adjudge the defendant guilty or innocent, impose punishment or reject it, and determine other issues;

9. “resolution” means any decision of the court, except for verdicts; any decision of the agency for inquest, or the investigator, or the prosecutor, made in the course of pre-trial criminal proceedings;

10. “final decision” means any decision of the body conducting criminal proceedings, which decision rules out the institution or continuation of criminal proceedings, or renders a core solution to the case;

11. “court” means a legitimately formed tribunal, which hears cases either by a panel of judges or by an individual judge: court of first instance, appellate court, and Court of Cassation;

12. “court of first instance” means a court authorized to pass the verdict or final decision, which can be appealed to appellate court or Court of Cassation;

13. “appellate court” means a court, which reviews cases upon the appeal;

14. “Court of Cassation” means a court authorized to review any case brought before it upon the cassation appeal, in cases envisaged by law;

15. “judge”, means “court chairperson”, “court chamber chairperson”, “chamber judge”, “other court judges”;

16. “party” means bodies and persons carrying out the prosecution or defense in a criminal procedure, in accordance with the principles of adversary system;

17. “criminal prosecution” means all procedural activities conducted by the prosecuting bodies, and in cases envisaged in this Code, the injured party, with the purpose of revealing the action prohibited by criminal law, identifying the personality of its actor, determining whether he is guilty of a crime, and ensuring that the criminal is punished or subjected to other compulsory measures;

18. “initiation of criminal prosecution” means a decision made by the prosecution party to implead a person as an accused, to arrest the person or to take measures to secure his appearance in court;

19. “termination of criminal prosecution” means a decision made by the body conducting the criminal proceedings to reject the charge or to eliminate the charge;

20. “charge” means a statement made in the manner prescribed by this Code and claiming that a named person has committed a definite action prohibited by criminal law;

21. “prosecuting party” means criminal prosecution bodies, the injured party, civil claimant and their representatives and legal representatives;

22. “criminal prosecution bodies” means the prosecuting attorney (prosecutor), the investigator and the agency of inquest;

23. “prosecuting attorney” means the Chief Prosecutor of the Republic of Armenia and other prosecutors subordinate to him, as well as their deputies and assistants;

24. “prosecutor” means a prosecuting attorney who maintains the charge before the court;

25. “investigator” means an official serving at the prosecutor’s office, or in the internal affairs or national security bodies who conducts preliminary investigation of the criminal case with his jurisdiction;

26. “chief of investigation department” means investigation directorate of the internal affaires or national security bodies, chief of department, section and his deputies, who function within their jurisdiction;

27. “agency for inquest” means chief of a an appropriate division in the state agency authorized to carry out inquest, in accordance with this Code, (referred to below as the “chief of the body of inquest”) and his officers;

28. “defense” means procedural activities conducted by the defense party with the purpose of defeating or reducing the charge, defending the rights and interests of the persons incriminated in the commission of acts prohibited by criminal law, as well as vindicating persons unlawfully subjected to criminal prosecution;

29. “defending party” means the suspect, the accused, their legal representatives, the defense attorney, as well as the civil defendant and his representative;

30. “body conducting criminal proceedings” means the court, and during the pre-trial proceedings, the agencies for inquest, the investigator and the prosecutor;

31. “participants in proceedings” means the prosecutor (prosecuting attorney), the investigator, the agency for inquest, as well as the injured party, the civil claimant, the legal representatives thereof; the suspect, the accused, the legitimate representatives thereof, the defense attorney, the civil defendant and his representative;

32. “persons participating in criminal proceedings” refers to the: participants in proceedings; witness to a search; trial clerk; interpreter; specialist; expert; and witness;

33. “applicant” means any person, who turns to a court of law, to the criminal prosecution agencies or to a lawyer who possesses special license and registered in the Court of Cassation, for protection, through criminal proceedings, of his actually or allegedly violated rights;

34. “motion” means a request of a party or applicant, addressed to the body conducting the criminal proceedings;

35. “explanation” means oral or written argumentation, brought by the participants in a given proceeding or by the applicants to substantiate their own claims or the claims of persons represented by them, as well as oral or written statements given by other persons prior to the institution of the criminal case;

36. “seizure” means an act, which gives a start to the actual deprivation of liberty in case of detention, imposition of a precautionary measure in the form of arrest, and execution of an imprisonment sentence;

37. “arrest” means taking custody of a person, as a precautionary measure;

38. “keeping in custody” means forcible deprivation of liberty, irrespective of the reasons for such deprivation;

39. “relatives” means: persons connected by blood or affinity: persons having common ancestors up to the grand grandfather and grand grandmother;

40. “close relatives” refers to the parents, children, adopters, adopted children, bilateral brothers and sisters, as well as brothers and sisters with a common father or mother, the grandfather, the grandmother, grandchildren, the spouse and the parents of the spouse;

41. “client” refers to the suspect or the accused as viewed by the defense attorney;

42. “the acquitted” refers to the person who was acquitted by court verdict or the criminal proceedings have been terminated due to his innocence;

43. “authorizer” means the injured party, the civil claimant, the civil defendant as viewed by their representatives;

44. “Association of Lawyers of the Republic of Armenia”, an organization which carries out lawyering activities;

45. “damage” means moral, physical, or property damage which lends itself to pecuniary assessment;

46. “residence” means a building or structure, temporarily or permanently used for inhabitation of a definite person or several persons, including: private or rented apartment, garden house, hotel room, cabin, and train compartment, as well as any verandah, terrace, gallery, stair case, balcony, and other immediate attachments thereto, along with other spaces of common use and other constituent parts of the above residences, used for rest, storage of property, or other needs of a definite person or several persons; the basement and the attic of a residential building. The notion of “residence” shall also mean: private vehicle, river or sea vessel, as well as personal office and service car, or studio;

47. “other territory” means area which is beyond the jurisdiction and location of the relevant court, body of inquest, preliminary investigation and the prosecution or beyond the area of residence of the person participating in the criminal proceedings;

48. “night time” means the period between 10 p.m. and 7 a.m. of local time.

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.

Article 10. Ensuring the Right to Legal Assistance

1. Everyone has the right to receive legal assistance, in accordance with the provisions of this Code.

2. The body conducting criminal proceedings, shall be obligated to ensure that the suspect or the accused receive legal assistance.

3. During criminal proceedings, the civil claimant or his legal representative, the legal representative of the suspect or the accused, as well as the civil defendant shall have the right to enjoy the legal assistance of lawyers invited by them.

4. During interrogation of the injured party, the body of criminal prosecution shall have no right to prohibit the attendance of the attorney invited by the injured party as legal representative.

5. The body conducting the criminal proceedings is entitled to provide the suspect or the accused with free legal counseling based on the financial situation of the latter.

Article 11. Immunity of Person

1. Everyone has the right to liberty and immunity.

2. No one may be taken into custody and deprived of his liberty except on the grounds and by procedure stipulated in this Code.

3. Arrest, keeping in custody, or forcible placement of a person with a medical or correction institution shall be allowed only by warrant of the court. A person may not be subjected to detention for more than 96 hours unless a relevant warrant is issued by the court.

4. Everyone who is detained or arrested shall be informed promptly of the reasons for his detention or arrest, as well as the factual circumstances and legal description of the offense, the commission of which is incriminated to him, or suspected in.

5. The court, as well as the agency for inquest, the investigator, and the prosecutor shall be obligated to promptly order the release of any detained person, if the detention is not lawful. The head of administration of a detention facility shall have no right to place, without a warrant of the court or any other grounds prescribed by this Code, any person into custody, and shall be obligated to release any person, whose detention period has expired.

6. Search or physical examination of a person, as well as other procedural actions interfering with the immunity of a person, can be conducted in cases and by procedure prescribed by this Code.

7. In the course of criminal proceedings, no one shall be subjected to torture, unlawful physical or mental violence, including the use of drugs, hunger, exhaustion, hypnosis, deprivation of medical aid, and any other cruel treatment. It shall be prohibited to use force, threats, fraud, violation of rights, and other unlawful methods while trying to obtain testimony from the suspect, the accused, the defendant, the injured party, the witness, and other persons participating in criminal proceedings.

8. It shall be prohibited to get a person involved in long investigative experiments or other procedural actions or the same causing physical sufferings or endangering his life or the life of other persons around, as well as to subject a person to any other tests of similar character.

9. In the course of criminal proceedings, it shall be prohibited to use methods that may endanger the life and health of people or the environment.

Article 12. Immunity of Residence

1. Everyone has the right to security of one’s residence. It shall be prohibited to enter a person’s residence against his will, except in cases prescribed by this Code.

2. A residence may be searched only upon a court decision and in a manner stipulated by this Code. In the course of criminal proceedings, examination of a residence, conduct of other procedural actions therein, and entrance into the residence using technical means against the will of the persons occupying it can be done by the bodies of inquest, the investigator by decision of the prosecutor.

Article 13. Security of Property

1. Imposition of an arrest on bank deposits and other property of a person may be ordered in the course of criminal proceedings and upon a decision of the court, the agency for inquest, the investigator, or the prosecutor.

2. Any property seized during a procedural action should be mentioned and described in detail in the record of the respective procedural action, and the owner of the property shall receive a copy of the record.

3. In the course of criminal proceedings, imposition of fines as well as forced alienation of property may be ordered only upon a decision of the court.

Article 14. Confidentiality of Correspondence, Telephone Conversations, Mail, Telegraph and Other Communications

1. Everyone has the right to confidentiality of correspondence, telephone conversations, mail, telegraph and other communications. No one can be unlawfully deprived of the said right or limited in that right in the course of criminal proceedings.

2. Imposition of arrest on postal and telegraph correspondence, its examination, wire-tapping and interception of conversations over the telephone or other means of communication, may be ordered in the course of criminal proceedings only upon a decision of the court and in the manner prescribed by law.

Article 15. Language of Criminal Proceedings

1. Criminal proceedings shall be conducted in the Armenian language. Everyone has the right to use, in the course of criminal proceedings, the language he masters, except the body conducting the criminal proceedings.

2. By decision of the body conducting the criminal proceeding, the persons participating in criminal proceedings, who lack sufficient command of the language of criminal proceedings, shall be provided, free of charge, with the possibility to exercise, with the help of an interpreter, all rights belonging to them under the provisions of this Code.

3. Certain persons, who lack sufficient command of the language of criminal proceedings, shall receive a verified copy of those documents, which, in accordance with law, should be delivered to them in their native language.

4. Documents in other languages are attached to the case with the translation into the Armenian language.

Article 16. Public Trial

1. Trial shall be public.

2. Trial in camera is held, in cases and in the manner prescribed by law, shall be held only upon a court decision, for the purpose of protection of public morals, public order, state security, and the private life of the parties, as well as the interests of justice. The court verdicts and final decisions in all cases are announced publicly.

Article 17. Fair Trial

1. Everyone has the right to a fair trial with observance of all requirements of fairness, by an independent and impartial court, of any criminal case affecting one’s interests.

2. The judge, the prosecutor, the investigator, the officers of the agency for inquest can not participate in the proceedings of a criminal case, if they are directly or indirectly interested in its outcome.

3. The body of criminal prosecution is obligated to undertake all measures prescribed by this Code for a comprehensive, full and objective investigation of the case circumstances, to reveal all the circumstances both convicting and absolving the suspect or accused, and also the circumstances reducing and aggravating his responsibility.

4. All statements of the suspect, the accused, and their defense attorney about their innocence, on the availability of evidence absolving the suspect or the accused or reducing their responsibility, all appeals on violation of the law in the course of criminal proceedings shall be thoroughly examined by the body conducting the criminal proceedings.

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.

Article 25. Independent Assessment of Evidence

1. The judge, as well as the agency for inquest, the investigator, or the prosecutor shall assess the evidence independently, relying on their own belief.

2. No evidence shall have a pre-determined force in criminal proceedings. The judge, as well as the agency for inquest, the investigator, or the prosecutor shall not deal with the evidence in a biased way or give more or less significance to ones in comparison with the others, before the examination of all the available evidence in accordance with a due process of law.

CHAPTER 3. CONDUCT OF CRIMINAL CASE

Article 26. Conduct of Criminal Case

Conduct of criminal case is the preparation of the criminal case, institution of the criminal case, the criminal prosecution and all procedural actions related to the instituted case and adoption of decision, carried out by authorized agencies established in this Code and officials within their jurisdiction.

Article 27. The Obligation to institute a criminal case and resolution of the crime

The body of inquest, the investigator and the prosecutor are obligated within their jurisdiction to institute the criminal case in each case of discovering the elements of crime, to take all measures envisaged by law to reveal the crime and to discover the criminals.

Article 28. Merger and Separation of Criminal Cases

1. The cases, incriminating several people in the commission of several offences, or incriminating a single person in commission of several offenses, may be merged in a single proceeding by the investigator, the prosecutor or the court.

2. Separation of a criminal case against persons involved in one or several crimes is done by decision of the investigator, the prosecutor or the court, when this is necessary based on the facts of the case and can not affect the completeness and objectivity of the case.

Article 29. Mandatory Requirement for Keeping Records of Criminal Proceedings

1. The course and the results of procedural actions should be reflected in protocols and other written documents, as well as in photographic negatives and pictures, slides and audio records, videotapes, films, plans, sketches, drawings, and electronic documents attached to them as their constituent parts.

2. Making of records of the course and results of procedural actions shall be provided by the body conducting the criminal proceedings, except for cases prescribed by this Code.

3. It is permitted to produce a protocol in hand writing or use mechanical or electronic devices to type it.

4. Records of the course and results of legal proceedings should be composed and formatted in a way, which would ensure normal perception of their content.

Article 30. Materials of Criminal Case

1. Materials of criminal case shall be filed in the file of the case.

2. Every page of each document available in the file shall be numbered immediately upon its filing. The bodies conducting criminal proceedings shall maintain consecutive pagination of the said documents in chronological order of their filing.

3. Each procedural decision or protocol of a court session should be produced on a numbered letterhead bearing the state insignia, which letterhead shall be a document of strict accounts.

4. The documents of a criminal case should be stitched in one or several files with respective inscriptions on the cover of each and the list of the materials contained therein.

5. Other items and documents, which can not be kept in the file of the criminal case due to their big size or their nature, shall be kept separately from the file, but shall constitute an inalienable part thereof. The list of such items and documents kept separately from the file shall be included in the file of the case.

6. Copies of the documents relating to a criminal case can be made on paper or any electronic carrier by the body conducting the criminal proceedings, which body shall verify such copies.

Article 31. Grounds for Suspension of Criminal Proceedings

1. Criminal proceedings may be suspended, completely or partly, upon the resolution of the prosecutor, the investigator, the agency for inquest, or the court, if:

2. Criminal proceedings, by the initiative of the court or at the request of the participants of the proceedings, can be suspended by decision of the court, if the court finds that the applicable law or other legal act contradicts the Constitution of the Republic of Armenia. In this case the court is entitled to suspend the criminal proceedings and apply to the Council of Court Chairmen, to initiate proceedings “On the set-up of the court”, as established in the law of the Republic of Armenia.

3. The court decrees to approve or to reject the appeal of the participants on the above mentioned grounds which can be appealed to the higher court within ten days.

4. The criminal proceedings can be suspended after the implementation of all necessary possible procedural actions.

5. The criminal proceedings can be suspended until the elimination of the circumstances which were the grounds for its suspension. After their elimination, the proceedings are resumed by decision of the prosecutor, the investigator or the court.

6. The case suspended on the grounds envisaged in paragraph 2 of this article, if:

Article 32. Completion of Criminal Proceedings

Criminal proceedings shall be deemed completed:

CHAPTER 4. CRIMINAL PROSECUTION AND ITS TYPES

Article 33. Criminal prosecution in cases of public and private charges

1. Depending on the severity and nature of the committed crime, the criminal prosecution in the criminal proceedings is implemented by public and private procedure.

2. The crimes envisaged in article 183 of this Code are considered private prosecution cases.

3. All other cases are considered public prosecution cases.

4. Criminal prosecution can be implemented only in an instituted criminal case.

Article 34. Grounds for Criminal Prosecution

1. In criminal cases where enough evidence is collected against the offender, such offender, whoever he is, shall be officially accused by The investigator, the agency for inquest and the court can arrest the person suspected in the commission of crime, interrogate and involve as the accused and charge, based on the this Code.

2. The prosecutor is obligated to support the prosecution in court as long as no circumstances have been revealed to rule out the criminal prosecution or the criminal case.

Article 35. Circumstances Excluding Criminal Prosecution

1. Criminal case can not be instituted and criminal prosecution may not be started and the instituted criminal case is subject to suspension, if:

2. Criminal prosecution is liable to termination and the case proceedings are liable to suspension, if the involvement of the accused in the committed crime has not been proved, if all possibilities to obtain new evidences have been expired.

3. At any stage of pre-trial proceedings, the prosecutor, the investigator, and the agency for inquest, upon revelation of circumstances excluding the criminal prosecution, are making a decision on refusal from criminal prosecution. The prosecutor is entitled to make such a decision also after taking the case to the court, but before the beginning of the examination of the case in the court session.

4. If the prosecutor reveals at the court circumstances which exclude the criminal prosecution, he shall be obligated to announce his refusal from criminal prosecution of the accused. The announcement of the prosecutor on refusal from criminal prosecution of the accused shall serve as a ground for the court to dismiss the case and terminate criminal prosecution.

5. The court, revealing circumstances excluding criminal prosecution, resolves the issue of cessation of the criminal prosecution of the accused.

6. Based on paragraphs 6 and 13 of this article, suspension of the case and termination of criminal prosecution is not allowed if the accused objects to that. In these cases the proceedings continue as usual.

Article 36. Refusal from Criminal Prosecution in Case of Reconciliation Between the Injured and the Suspect or Accused

Criminal proceedings in cases mentioned in part 2 of article 33 of this Code are ceased and a statement of refusal from criminal prosecution shall be made in case of reconciliation between the injured and the suspect or accused.

Article 37. Circumstances Giving Discretion to Refuse from Criminal Prosecution and from Criminal Case

1. Criminal prosecution may be surrendered upon the relevant decision of the prosecutor and a criminal case may be not instituted, if grounds for excuse of a person from criminal liability as prescribed by the Criminal Code of the Republic of Armenia are available in connection with:

2. Upon the prosecutor’s decision, criminal prosecution may surrendered, if in the opinion of the prosecutor it is not expedient to prosecute the person, because:

3. The prosecutor, who reveals at the court any circumstances enabling to surrender the criminal prosecution, is entitled to declare about his refusal from criminal prosecution of the accused.

Section Two: THE COURT

CHAPTER 5. COMPOSITION AND POWERS OF THE COURT

Article 38. Courts Administering Criminal Justice

In the Republic of Armenia, criminal justice is administered only by the courts of first instance, appellate courts, and the Court of Cassation.

Article 39. Composition of the Court

1. Criminal cases shall be considered by either a panel of judges, or by a single judge.

2. In the court of first instance, all criminal cases shall be tried by a single judge.

3. Appeals on criminal cases shall be reviewed by the appellate court in complement of three judges.

4. In the Court of Cassation, cases shall be considered by the chairman of the cassation chamber and a panel of judges, by majority of votes.

Article 40. Independence of Judges

1. During administration of justice, the courts are independent and shall mind nothing else but the law.

2. Judges resolve the criminal cases and evaluate the materials, relying on their own belief based on the proper investigation of the evidence available. The judges are not bound by the conclusions of pre-trial proceedings.

3. Justice should be administered in conditions excluding any external influence on the judges.

4. The persons, who are guilty of unlawful influence on judges or any other interference with the administration of justice by the court, shall bear responsibility prescribed by law.

Article 41. Powers of the Court

1. The court is authorized to consider in its sessions and to resolve the cases and materials brought before it. No refusal from administration of justice may be admissible.

2. The following are related, in particular, to the powers of the court:

Article 42. The Judge and his/her Powers

1. The judge shall be empowered within the authorities of court, when considering the case within the limits of his/her individual competence, implementing administrative actions for preparation of the court session or for the securing of the execution of its verdict or any other decision.

2. Judges included in a panel shall exercise equal powers toward the solution of the issues connected with the case under consideration.

Article 43. Presiding Judge and his/her Powers

1. During the consideration of a criminal case or any material by a panel of judges, the session of the court shall be presided over by the chairman of the court, or the chairman of the court chamber, or one of the judges authorized for that in the manner prescribed by law.

2. The presiding judge prepares and manages the court session, undertakes measures for the fair consideration of the criminal case and for the observation of other requirements of this Code, and also for the proper behavior of the persons present at the court session.

3. The judge presiding over a session held by a panel of judges sets forth all questions, connected with the consideration and resolution of the case, to be resolved by all judges in the panel. The decision, supported by the majority of the judges, is considered as passed; and if the votes are divided half by half, the decision more favorable for the accused is considered as passed.

CHAPTER 6. JURISDICTION OVER CRIMINAL CASES

Article 44. Criminal Cases Subject to the Jurisdiction of the Court of First Instance

The court of first instance considers cases on all crimes.

Article 45. Criminal Cases Subject to the Jurisdiction of Appellate Courts

Decisions made on all criminal and military cases by the first instance court which have been appealed against and did not come into effect, are under the jurisdiction of the court of appeals.

Article 46. Criminal Cases Subject to the Jurisdiction of the Court of Cassation

Under the jurisdiction of the Cassation Court chamber of criminal and military cases are: all criminal cases on which a cassation appeal has been submitted, i.e. decisions made by the first instance court and the court of appeals which came into effect, and decisions on criminal and military cases made by the court of appeals but not yet in effect, and other final decisions.

Article 47. Territorial Jurisdiction over Criminal Cases

1. A court of first instance shall have jurisdiction over cases involving offenses committed in the territory of the judicial district of the respective court of first instance.

2. It shall be presumed, that a lasting crime is committed in the territory, where it was finished. It shall be presumed, that a continuous crime was committed in that territory, where the last criminal action was committed.

3. The case involving a crime committed abroad, is subject to the jurisdiction of the court, in the judicial district of which the accused had his last residence, and if it is impossible to determine the last place of residence, then the case shall be subject to the jurisdiction of that court, in the judicial district of which the pre-trial proceedings of the case were accomplished.

Article 48. Determination of Jurisdiction upon Merger of Criminal Cases

If the case of two or more crimes are subject to different courts of first instance, in the case of merger of these cases, the case is considered by that court, in the area of activity of which the pre-trial proceedings of the case were accomplished.

Article 49. Forwarding of a Criminal Case by the Court Which Has Accepted it to the Court of Appropriate Jurisdiction

1. If the court determines, that the case received is not under its jurisdiction, then the court forwards it to the court of appropriate jurisdiction.

2. Should any violation of the rules for territorial jurisdiction as prescribed by Article 47 of this Code be revealed during the court proceedings, the court shall have discretion to keep the case under its jurisdiction, provided the consent of the parties. In case of any objection of either party, the proceedings conducted shall be declared void and the case shall be forwarded to the court of appropriate jurisdiction.

Article 50. Alteration of the Jurisdiction over Criminal Cases

1. The territorial jurisdiction over a criminal case can be altered upon the consent of all the accused persons, if most of the persons participating in the criminal proceedings on that case reside outside the borders of the district of that court of first instance.

2. The decision on the alteration of the jurisdiction is passed in respective cases by the court which considers the case.

Article 51. Resolution of the Disputes on Jurisdiction

The disputes on jurisdiction between the courts of first instance are resolved by the Court of Cassation of the Republic of Armenia.

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 7. PARTY OF PROSECUTION

Article 52. The Prosecutor

1. The prosecutor is a state official, who conducts, within the limits of his/her competence, at all stages of the criminal procedure, the criminal prosecution, supervises the legitimacy of the preliminary investigation and inquest, supports the prosecution in court, appeals against the court verdicts and other decisions. The prosecuting attorney supporting the prosecution in court is called the prosecutor.

2. The prosecutor is entitled to lodge to the accused or to a person, who bears proprietary responsibility for the actions of the latter, a claim [suit] in protection of the interests of the state.

3. During the exercise of his/her powers at the proceedings of criminal case the prosecutor is independent and submits only to law. He/she shall execute the legitimate instructions of the superior prosecutor. If the subordinate prosecutor considers the instruction illegitimate, he/she appeals it to a superior prosecutor without executing it.

Article 53. The Powers of the Prosecutor at the Pre-trial Proceedings of the Criminal Case

1. The prosecutor is authorized to conduct the following during the pre-trial proceedings:

2. During the implementation of the procedure of prosecutorial management of the inquest and the preliminary investigation, the prosecutor is exclusively entitled to the following:

3. The prosecutor, during administration of the procedural management, is also entitled to:

4. The prosecutor, during the pre-trial proceeding of the criminal case, exercises also other powers, prescribed by this Code.

Article 54. Powers of the Prosecutor During Consideration of the Criminal Case or Materials in the Court

1. During consideration of the criminal case by the court, the prosecutor:

2. The prosecutor, participating in the court session is obligated to:

3. Participation of the prosecutor in court is mandatory during consideration of criminal cases.

Article 55. The Investigator

1. Investigator is a state official, who is authorized to conduct preliminary investigation of the criminal case within the limits of his/her competence.

2. The investigator is authorized to prepare materials on the event of the crime and in accordance with the rules of subordination established by this Code, the investigator accepts the case for his/her proceedings or forwards it to other investigator or the body of inquiry; the investigator can institute a criminal case during his proceedings, if an event of a new crime by another person has been discovered. The investigator is also entitled, in accordance with the provisions of this Code, to reject the institution of the proceedings of the criminal case.

3. After accepting the criminal case for his/her proceeding, the investigator, for the purpose of comprehensive, full and objective investigation shall independently lead the course of investigation, make necessary decisions, conduct investigatory and other procedural actions in accordance with the provisions of this Code with the exception of cases, when criminal procedure law stipulates to receive warrants from the prosecutor. The investigator bears responsibility for the lawful and timely implementation of investigatory and other procedural actions.

4. The investigator, in particular, is authorized to conduct the following:

5. The investigator is obligated the legitimate instructions of the prosecutor.

6. The investigator also carries out other authorities envisaged in this Code.

Article 56. Bodies of Inquiry

The following are the bodies of inquiry:

Article 57. Powers of the Body of Inquiry

1. The head of the body of inquiry personally, and also with the assistance of the officer of the body of inquiry ensures the exercise of the powers of the body of inquiry.

2. The body of inquiry executes the following:

3. Only the head of the body of inquiry can use the authorities of the body of inquest, institute the criminal case, reject institution of criminal case, suspend the criminal case proceedings, arrest the suspect, or apply means of securing the presence of the suspect, to eliminate or change these means, to apply to the court with a motion to implement operative-investigatory measures.

4. The head of the body of inquest is entitled to instruct the officer of the inquest body to conduct inquest of the case, to give him mandatory written instruction for implementation of certain investigatory actions, to transfer the case from one officer to another, to instruct several officers to investigate the case, to participate in the inquest, and to conduct inquest personally.

5. The instructions of the prosecutor on the criminal cases, given pursuant to the rules, established by this Code are obligatory for the head of the body of inquiry.

6. The body of inquest implements other authorities envisaged in this law.

Article 58. The Injured

1. The person is recognized as the injured, in respect to whom bases are available to suppose, that a moral, physical or proprietary damage has been caused to him/her directly by a deed forbidden by Criminal Code. A person also is recognized as aggrieved, to whom moral or physical damage might be directly caused, if the deed, forbidden by the Criminal Code would have been finished.

2. The decision on recognition as an injured is passed by the body of inquiry, the investigator, the prosecutor or by the court.

Article 59. The Rights and Obligations of the Injured

1. The injured has the right, in the manner prescribed by this Code:

2. The injured has the following obligations:

3. The injured has also other rights and bears other obligations, prescribed by this Code.

4. The aggrieved enjoys the rights belonging to him/her and executes the obligations imposed on him/her personally or, if it is corresponding to the nature of respective rights and obligations, through a representative. The rights of the juvenile or incapable aggrieved are exercised instead of them, by their legitimate representative, in the manner, prescribed by this Code.

5. A legal entity, to which moral or material damage was caused by the crime, can be recognized as the inured party. In this case the rights and obligations of the of the aggrieved party are exercised by the representative of the legal entity.

Article 60. Civil Plaintiff

1. A physical or legal entity, which prosecutes a claim during the proceedings of the criminal case, with respect to which sufficient bases are available to assume, that a material damage, subject to compensation in the manner of criminal proceedings, was caused to the latter upon a deed forbidden by Criminal Code, is recognized as civil plaintiff.

2. The decision on recognizing as civil plaintiff, is passed by the body of inquiry, the investigator, the prosecutor or the court.

Article 61. The Rights and Obligations of Civil Plaintiff

1. The civil plaintiff, with a purpose of the support of the claim prosecuted by him/her, has the following rights in the manner prescribed by this Code:

2. The civil plaintiff has also a right in the manner, prescribed by this Code:

3. The civil plaintiff has the following obligations:

4. The civil plaintiff can be summoned on as a witness.

5. The civil plaintiff has also other rights and bears other obligations, prescribed by this Code.

6. The civil plaintiff enjoys the rights belonging to him/her and executes the obligations imposed on him/her personally or, if it is corresponding to the nature of respective rights and obligations, through a representative. The rights of the juvenile or incapable aggrieved are exercised instead of them, by their legitimate representative, in the manner, prescribed by this Code.

CHAPTER 8. DEFENDANT PARTY

Article 62. The Suspect

1. The suspect is the person:

2. The body of criminal prosecution is not entitled to keep the person in detention as a suspect over 96 hours, and as for implementation of precautionary measures over 7 days from the moment of declaration to the suspect the resolution on the selection of precautionary measures.

3. Prior to the expiration of the time limits, set by Part 2 of this Article, the body of criminal prosecution is obligated to release the suspect from imprisonment and to cancel the precautionary measure selected in respect to him/her or to issue resolution on bringing him/her to trial as the accused.

4. Finding the suspicion not sufficiently substantiated, the body of criminal prosecution and the court are obligated to release the suspect from imprisonment and to denounce the precautionary measure, selected with respect to him/her prior to the expiration of the deadlines, set by Part 2 of this Article.

5. The person ceases to be a suspect from the moment of his/her release from imprisonment or from the moment of issuing by the body of criminal prosecution the resolution on bringing him/her to trial as the accused.

Article 63. The Rights and Obligations of the Suspect

1. The suspect has a right to defense. The body, conducting the criminal proceedings, provides the suspect with the possibility to implement the right to defense, he/she is entitled to, by all means and remedies, not prohibited by law.

2. The suspect has the right, in the manner, prescribed by this Code, on the following:

3. In case, the suspicion is not confirmed, the suspect has the right to rehabilitation.

4. The implementation by the suspect the rights, belonging to him/her or the refusal from their implementation shall not be interpreted against him/her or cause any unfavorable consequences for him/her. The suspect cannot bear any responsibility for the testimonies and explanations given by him/her, with the exception of the cases, when he/she declared on committing the crime by the person who is not involved in it.

5. The suspect has the following obligations:

6. The suspect has also other rights and bears other obligations, prescribed by this Code.

7. The rights of the juvenile or incapable suspect are exercised by a legitimate representative thereof, in the manner, prescribed by this Code.

Article 64. The Accused

1. The accused is the person, with respect to whom a resolution has been passed on bringing him/her to trial as the accused.

2. The accused, taken to court is named the defendant. The accused, with respect to whom the legal court verdict comes into force is named:

Article 65. The Rights and Obligations of the Accused

1. The accused has the right to defense. The body conducting the criminal proceedings, provides the accused with the possibility to implement the right to defense belonging to him/her by all means and ways, not forbidden by law.

2. The accused have the right, in the manner, prescribed by this Code:

3. The implementation by the accused of the rights he is entitled to, or the refusal from their implementation shall not be interpreted against him/her or cause any unfavorable consequences for him/her. The accused cannot bear any responsibility for the evidences and explanations given by him/her, with the exception of the cases, when he/she declared on committing the crime by the person obviously not involved in it.

4. The accused has the following obligations:

5. The suspect has also other rights and bears other obligations, prescribed by this Code.

6. The rights of the juvenile or incapable suspect are exercised by a legitimate representative thereof, in the manner, prescribed by this Code.

Article 66. The Acquitted

1. The acquitted is the person whose criminal prosecution is terminated or the criminal proceedings are suspended, based on Points 1-3 of Article 35 of this Code and Part 2, or acquittal verdict has been adopted.

2. The acquitted is entitled to appeal against the grounds for the suspension of criminal proceedings or the acquittal verdict.

3. The acquitted is also entitled to demand full compensation of the real lost opportunities as a result of arrest, impleading as the accused, and conviction.

4. The acquitted as compensation is entitled to receive:

5. The amount spent to keep the person in custody, court expenses, and the salary of the detained person for mandatory labor, can not be deducted from the amount which is subject to payment as compensation for the damages caused by the mistakes of the body in charge criminal proceedings.

6. In the case when the criminal proceedings were suspended and criminal prosecution was terminated or acquittal was adopted for lack of formal elements of crime, the compensation of damages envisioned in this Code is done only in the form of civil proceedings, after the resolution of a civil claim.

7. In the case when acquittal or the decisions to terminate the criminal proceedings and criminal prosecution based on which damage was compensated, were canceled, and a guilty verdict was made against the same person in the same case, the amount paid as compensation of damage can be confiscated by the court by reversal of the decision.

8. The acquitted is also entitled:

9. At the request of the acquitted,

10. The body of criminal prosecution must present written apologies to the acquitted.

11. In the even of the death of the acquitted or his inability to work, the right to require is transferred to his closest heirs based on parts 4, 5, 9 of this article.

Article 67. Explanation of the Right to Compensation for Damages to the Acquitted

1. The court, the prosecutor, the investigator, the agency for inquest are obliged to explain to the acquitted the right to compensation of damages.

2. The copy of the court acquittal or the appropriate decision, and the notification explaining the procedure to compensate the damages, after the verdict or decision, within three days are handed to sent to the acquitted. The notification indicates what damage can be compensated by law, within what time and what body must be appealed to for compensation of damage.

3. The compensation of the damage to the acquitted is done through civil proceedings.

4. The explanation to the person of the right to compensation of damages caused as a result of mistake or malfeasance by the body conducting the criminal proceedings, should be reflected either in the record of a certain procedural action taken or in a separate record.

Article 68. Defense Attorney

1. Defense attorney is the lawyer, representing the legitimate interests of the suspect or the accused at the proceedings of the criminal case, and offering him/her legal assistance by all means and manners, not prohibited by law.

2. A person obtains the status of the defence attorney from the moment he undertakes the functions of representing the accused or the suspected with their consent. After undertaking the defence, the defence attorney must immediately inform the body in charge of criminal proceedings.

3. The defense attorney ceases to participate in the proceedings of the criminal case in that capacity, in the following cases:

Article 69. Obligatory Participation of Defense Attorney

1. The participation of the defense attorney in the proceedings of the criminal case is obligatory in the following cases:

2. The participation of the defense attorney in the proceedings of the criminal case is obligatory from the moment of:

3. The expression of the wish by the suspect or the accused to have a defense attorney is not a circumstance, pre-determining the obligatory manner of the participation of the defense attorney in the criminal case proceedings, if they had had a defense attorney, appointed for them, but had declared a rejection from defense attorney, accepted by the body conducting the criminal trial.

4. The obligatory participation of defense attorney in the proceedings of the criminal case is ensured by the body, conducting the criminal trial.

Article 70. Invitation, Appointment, Substitution of Defense Attorney and other Grounds of his/her Participation in the Criminal Trial

1. The participation in the proceedings of the criminal case in the capacity of defense attorneys is implemented in the following manner:

2. The body, conducting the criminal trial, is not entitled to recommend whoever for the invitation of specific defense attorney.

3. The body, conducting the criminal trial, demands from the Union of Lawyers of the Republic of Armenia to appoint a lawyer as a defense attorney in the following cases:

4. In cases, prescribed by Point 2, Part 3 of this Article, the body, conducting the criminal trial, is entitled to offer the suspect or the accused to invite another defense attorney themselves.

5. The body of inquiry, the investigator, the prosecutor, the court have the right to offer the suspect and the accused to invite another defense attorney themselves, or to appoint the defense attorney through the Union of Lawyers of the Republic of Armenia in the following cases:

6. The suspect and the defendant may have several defense attorneys. The court proceeding, where the participation of the defense attorney is necessary, cannot be recognized as illegitimate, because of the participation not all of defense attorneys of the suspect or the accused.

Article 71. Confirmation by Defense Attorney of his legal Status

1. Defense attorney presents to the body, conducting the criminal trial, the following documents, in confirmation of his/her status a document proving his identity proof document and a document, confirming his/her membership in the bar.

Article 72. Refusal from Defense Attorney

1. The refusal from defense attorney means, that the suspect or accused have an intention to conduct their defense, without any legal assistance from the defense attorney. The declaration of the suspect or accused from the defense attorney is reflected in the protocol.

2. The refusal from defense attorney is accepted by the body, conducting the criminal trial, only, if the suspect or the accused declared that of their own accord, voluntarily or in the presence of a defense attorney, who might be appointed as a defense attorney has already been appointed. The refusal from defense attorney is not accepted, caused by the absence of the means for the payment for legal assistance. The body, conducting the criminal trial, is entitled not to accept the refusal from the defense attorney, and to appoint a defense attorney or to keep the appointed one, in the cases, prescribed by Points 2-5 and 8 Part 1 of the article 69 of this Code.

3. The suspect and the accused are considered as representing themselves, from the moment of the refusal from defense attorney, which does to deprive from his/her rights the defense attorney, appointed later or not dismissed from the participation in the proceedings of the criminal case by the body, conducting the criminal trial.

4. The suspect and the accused, refusing from the defense attorney, are entitled to change their position on this issue after the acceptance of such refusal at any moment of the proceedings of the criminal case. In this case the participation of a new defense attorney is not a basis for the resumption of the criminal case.

Article 73. The Rights and Obligations of Defense Attorney

1. The defense attorney, with a purpose of revealing the circumstances, refuting the indictment, excluding the liability of the suspect or the accused, or mitigating the gravity of the punishment and the measures of procedure compulsion, for the protection of their legitimate interests and for offering to suspect and accused legal assistance has the right to the following in the manner prescribed by this Code:

2. The defense attorney is not entitled to execute any actions against the interests of the client. The defense attorney may not recognize the client’s involvement in the incident or the guilt in the committing of the crime, against the will of the client. The defense attorney is not entitled to publicize the information, which became known to him/her in connection with the request for legal assistance and upon implementation of the latter, if that can be used against the interests of the client.

3. The defense attorney is not entitled to terminate his/her powers in the capacity of defense attorney himself/herself, to hamper the invitation of other defense attorney or his/her participation in the proceedings of the criminal case. The defense attorney is not entitled to transfer the powers of attorney for the participation in criminal proceedings to another person.

4. Defense attorney is not entitled to conduct the following without the commission of the client:

5. Defense attorney has the following obligations:

6. Defense attorney has also other rights and bears other obligations, prescribed by this Code.

Article 74. Civil Defendant

1. A physical person or legal entity, on which the proprietary responsibility may be put * in the force of law or in connection with the claim, submitted during the proceedings of the criminal case, for the actions of the accused, caused proprietary damage as a result of committing a deed, forbidden by criminal law, is recognized as civil defendant.

2. The decision on recognition as civil defendant is adopted by the body of inquiry, the investigator, the prosecutor or the court.

Article 75. The Rights and Obligations of Civil Defendant

1. The civil defendant has the following rights in the manner, prescribed by this Code:

2. Civil defendant has also a right to the following, prescribed by this Code:

3. Civil defendant is obliged:

4. The civil defendant may be summoned in the capacity of a witness.

5. Civil defendant has also other rights and duties envisaged in this Code.

6. Civil defendant enjoys the rights belonging to him/her and executes the obligations imposed upon him/her in person, or through a representative, if this corresponds to the nature of respective rights and obligations.

CHAPTER 9. REPRESENTATIVES AND SUCCESSORS

Article 76. Legitimate Representatives of the Injured Party, the Civil Plaintiff, the Suspect, the Accused

1. The legitimate representatives of the injured party, civil plaintiff, the suspect, the accused are his/her parents, adopters, trustees or guardians representing the interests of respective juvenile or incompetent participants of the trial during the proceedings of the criminal case. In the absence of the legitimate representative of the injured party, the suspect or the accused, the body, conducting the criminal trial, appoints as his/her legitimate representative the body of trust and guardianship.

2. The body of inquiry, the investigator, the prosecutor or the court permit, upon their resolution, the participation in the proceedings of the criminal case in the capacity of legitimate representatives of respectively the injured, the civil plaintiff, the suspect, the accused of the parents, adopters, trustees or guardians of each of them. One of the parents, adopters, trustees or guardians shall be permitted to participate in the capacity of the legitimate representative, the whose candidacy, with his/her consent, is supported by all other legitimate representatives of, respectively, the injured party, the civil plaintiff, the suspect the accused. In the opposite case, the selection of the person, permitted for the participation in the proceedings of the criminal case in the capacity of legitimate representative, is implemented by the prosecutor or by the court.

Article 77. The Rights and Obligations of Legitimate Representative of the Injured Party, Civil Plaintiff, Suspect, Accused

1. The legitimate representative of the injured party, civil plaintiff, suspect, accused has the following rights, in the manner prescribed by this Code: