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Address of the Investigative Committee
46/5 Mamikonyants, Yerevan+374(11) 880-151
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Functions

RA Investigative Committee is an independent body created on the base of the law adopted by RA National Assembly and is authorized to conduct preliminary investigation of the apparent crimes within the limits of its competence envisaged by RA Criminal Procedure Code.
 

The independence of the Investigative Committee is guaranteed by RA Law “On RA Investigative Committee” according to which interference into the activity of its employees is impermissible.
 

The authorities and duties of the investigator are defined by RA Criminal Procedure Code.
 

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

The investigator is authorized to prepare materials on the event of the crime, to reject the institution of criminal case, to institute a criminal case and, in accordance with the rules defined by Criminal Procedure Code, to accept the case for his/her proceeding or forward to another investigator for investigation. The investigator can institute a criminal case during his proceedings if an event of a new crime committed by another person has been discovered.
 

The investigator sends the copy of the decision on institution of the criminal case or rejection of institution of the criminal case to the prosecutor within 24 hours to check the legality of the decision.
 

After accepting the criminal case for his/her proceeding the investigator is authorized to lead the course of investigation independently in order to provide the comprehensive, complete and objective examination of the case, to make necessary decisions, to conduct investigatory and other procedural actions in accordance with the provision of Criminal Procedure Code, with the exception of cases when Criminal Procedure Code stipulates to receive warrants from the court. The investigator is responsible for implementation of investigatory and other procedural actions lawfully and on time.

 

The investigator, in particular, is authorized to conduct the following;
 

  • Prior to the institution of the criminal case to conduct the inspection of the site, to take samples and to appoint expert examinations,
  • To interrogate the suspect, the accused, the injured, the witness, to appoint expert examination, to conduct inspections, searches, confiscations and other investigatory actions,
  • To take measures for compensation of the damage caused to the injured,
  • To request documents and materials of the case which can contain information on the event and the persons involved in it,
  • To request to conduct revisions, institutional expert examination, other check up actions,
  • In connection with the prepared materials and the case under investigation to receive from the inquiry body information on the implementation of operative-investigatory actions and measures taken for disclosure of the crime, finding disappeared persons and lost property,
  • To give mandatory written assignments to the inquiry body on implementation of operative-intelligence measures in connection with prepared materials and criminal cases,
  • To assign the inquiry body the fulfillment of resolutions on detention, apprehension, arrest, conducting other procedural actions, as well as to receive support without delay from the inquiry body during the implementation of investigatory and other procedural actions,
  • Receiving a report from the inquiry body about committed crime to go to the site and to get involved in the investigation of the case by means of institution of a criminal case or taking the instituted case in his/her proceeding,
  • To assign the inquiry body the implementation of separate investigatory actions,
  • To summon persons as witnesses,
  • To draw witnesses of the investigatory action, interpreters, specialists and experts for participation in case,
  • To detain the person suspected of committing a crime and send the copy of the decision to the prosecutor within 24 hours,
  • To make a decision on involving the person as a defendant in the case, put forward charges and inform the prosecutor about it within 24 hours,
  • To appoint the respective person as an injured, civil plaintiff, civil respondent,
  • To ensure the appointment of lawyers as defense attorneys in the criminal case and to permit the persons to participate in the proceeding as representatives,
  • To dismiss defense attorneys and representatives from participation in proceeding of the criminal case, if circumstances are revealed which exclude their participation in the criminal proceeding, as mentioned in the Article 93 of Criminal Procedure Code.
  • To exempt respective persons from the payment for legal aid,
  • To resolve challenges declared to the witness of the investigatory action, the interpreter, the specialist, the expert,
  • To resolve motions of persons participating in criminal proceedings, as well as applications and requests submitted by other persons,
  • To resolve the complaints of the persons participating in criminal proceeding within the limits of his/her competence,
  • To make a decision on selecting, altering, cancelling a pretrial measure and on applying other measures of procedural compulsion, with the exception of arrest, to release upon his/her decision the accused kept in detention after the prescribed period has expired,
  • To make a decision on suspension of the criminal proceeding and send the copy of that decision to the prosecutor within 24 hours,
  • To appeal to the court with motions on selecting arrest as a pretrial measure against the accused and on prolonging the period of his/her detention, on imposing arrest on telephone conversations, postal, telegraph  and other communications, wire-tapping with motions on permission for search of the apartment,
  • To cancel the arrest on telephone conversations, postal, telegraph and other communications and wire-tapping, in case the necessity for such action ceases to exist,
  • To appeal any instruction of the prosecutor without suspending its implementation,
  • To appeal instructions of the prosecutor to a superior prosecutor without implementing them in case of disagreement with the instructions on involving the person as a defendant, qualifying the committal, on the volume of the charge, on completing the preliminary investigation, dismissing the proceeding or terminating the criminal prosecution,
  • To make a decision on dismissal of the criminal proceeding and on termination of the criminal prosecution and send the copy of that decision to the prosecutor within 24 hours to check the legality of the decision,
  • To prepare a bill of indictment and submit for the approval of the prosecutor, as for criminal cases with respect to persons, committed committals prohibited by criminal code in the state of insanity or those who have fallen in such state after the accomplishment of the committal, a final decision.
     

The investigator’s decision, made during the pretrial proceeding in the criminal case within the limits of his/her competence, is subject to implementation by all the organizations, officials and citizens.
 

The investigator also carries out other authorities envisaged by the Criminal Procedure Code.
 

How to appeal the decisions

 

  • The actions and decisions of the investigative body can be appealed by the participants of trial in accordance with the order defined by law. The actions and decisions of the investigator and the official of the inquiry body can be appealed to the respective prosecutor. The actions and decisions of the criminal prosecution body can be appealed to the court, in cases provided by law,
  • The complaints can be written, in case their written form is not provided by law, they can also be oral. The investigative body includes the oral complaint in the protocol of the procedural action in process or makes a separate protocol,
  • The decision on dismissal of the criminal proceeding or termination of criminal prosecution, within 7 days from the moment the copy of the decision has been received, can be appealed to the superior prosecutor by the suspect, the accused, the defendant, their defense, the injured, his/her representative, the civil plaintiff, the civil respondent or their representatives, as well as the representative of physical person or legal entity when a criminal case was instituted on the ground of their statement,  
  • The complaints against the illegal and ungrounded decisions and actions of the official of the inquiry body, the investigator, the prosecutor, the bodies implementing operative-intelligence actions defined by the Criminal Procedure Code can be submitted to the court by the suspect, the accused, the defense, the injured, the participants of the trial, as well as other persons whose rights have been violated by these decisions and actions and in case their complaints have not been sufficed by the prosecutor,
  • The suspect, the accused, the defense, the injured, the participants of trial and other persons have also the right to appeal to the court the rejection to receive the report, to institute a criminal case by the inquiry body, the investigator and the prosecutor, as well as the decisions on suspension, dismissal of the criminal proceeding or termination of criminal proceeding, in cases provided by law,
  • The decision of the investigator and the inquiry body on using, altering the pretrial measure can be appealed to the respective prosecutor by the suspect, the accused, their defense and legal representatives, as well as other interested participants of trial, the decision of the prosecutor can be appealed to the superior prosecutor,
  • The decision on rejecting to institute a criminal case can be appealed within 7 days from the moment the copy of the decision has been received, in the order defined by law,
  • The investigator makes a reasonable decision on full or partial rejection of the motion. The copy of the decision is handed to the applicant within a day from the moment the motion has been filed. The case cannot be handed to the prosecutor until the motion is resolved. When the investigator rejects to suffice the motion filed on the case which he intends to send to the prosecutor with the bill of indictment, he/she can appeal to the prosecutor within 2 days from the moment the copy of the decision on rejecting to suffice the motion has been handed to the applicant.