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Rights and obligations of the suspect

Rights and obligations of the defendant

Rights and obligations of the injured party

Rights and obligations of the witness

Rights and obligations of the minor

 

According to the Article 3 of RA Constitution the state shall ensure the protection of fundamental human and civil rights in conformity with the principles and norms of international law.
 
According to the Article 43 of RA Constitution the fundamental human and civil rights and freedoms may be restricted only by law if it is necessary in a democratic society in the interests of national security, public order, crime prevention, protection of public health and morality, constitutional rights and freedoms, as well as the honor and reputation of others.

The rights of persons having committed a crime (committal of an act which incorporates all elements of crime envisaged by criminal law) or other participants of criminal procedure are restricted by Criminal Procedure Code through punishment or other criminal-legal effects, yet, some rights are granted to them.

 

Rights and obligations of the suspect

 

The suspect has the right to protection. The suspect is given a chance by the investigative body to implement his right to protection through all means defined by law. In the order defined by Criminal Procedure Code the suspect has the right;

  • To know what he is suspected of, to be informed of the content of the suspicion, the factual side and legal qualification of the act ascribed to him,
  • To receive a written notification and explanation on his rights from the inquest body, investigator or prosecutor immediately after being arrested,
  • After being arrested or being told about the decision on choosing a pretrial measure to receive from the criminal prosecution body the free copy of the decision on arrest or choice of pretrial measure made by criminal prosecution body. After making a protocol on arrest to receive its free copy.
  • To have a lawyer, to decline a lawyer and to defend himself from the moment of being told about the decision on arrest  made by criminal prosecution body, the protocol on arrest or the decision on choosing a pretrial measure,
  • To have separate, confidential meetings with his lawyer without restriction of number and duration of meetings with the exception of the case prescribed by the second paragraph of the part 2 of the article 211 of RA Criminal Procedure Code.
  • To be interrogated in the presence of the lawyer,
  • To give testimony or to decline to give testimony,
  • To give explanations or to decline to give explanations,
  • Immediately after being taken into custody, but not later than within12 hours, through the investigative body to inform the close relatives,  in case of being a serviceman, to inform the military commanders through a telephone or other possible means about the place and grounds of his detention.
    In case of a foreign citizen or a stateless person, through diplomatic ways  within 24 hours the investigative body informs the state of the citizenship of the person, in case of stateless citizen, to the state of his permanent residence about the place and grounds of his detention.
    According to the international agreements of the Republic of Armenia, if the foreign citizen or the stateless person has the right to contact the appropriate representative or another authorized representative of the state of the citizenship or the state of permanent residence, correspondingly, or to be visited by the representative, the request made by the person taken into custody shall be sufficed,
  • To submit materials to enclose to the criminal case,
  • To declare challenges,
  • To file motions,
  • To object to the actions of prosecution bodies and demand to involve his objections in the protocol of investigative or other procedural actions,
  • Through his motion, by the permission of the inquest body, investigator or prosecutor, personally or through his lawyer to participate in investigatory or other procedural actions or refuse to participate in them, if nothing else is prescribed by law.
  • To get acquainted with the protocols of investigatory or other procedural actions in which he has participated or has been present, as well as to submit comments on accuracy and completeness of the notes in the protocol, to demand to make notes in the protocol of the mentioned action on circumstances which, in his opinion, must be mentioned, in case he has participated in an investigatory or other procedural action,
  • To get acquainted with the decisions on expertise and professional inspections through the investigative body, at his request to get the free copies of those decisions,
  • To appeal against the actions and decisions of the inquest body, investigator, prosecutor and the court,
  • To take back the complaint submitted by him or his lawyer,
  • To get the compensation of the damage inflicted illegally in the result of the actions of the investigative body,
  • If the suspicion is not confirmed the suspect acquires the status of the acquitted.
  • Enjoyment or abandonment of the rights by the suspect shall not be interpreted against him and cause any unfavorable consequence to him. The suspect is free to give testimony or explanations, except for cases when he has declared about committing a crime by the person obviously not involved in the crime. The suspect also has other rights prescribed by the Criminal Procedure Code.

     The suspect is obliged
 

  • To appear by the summon of the investigative body,
  • While being arrested to be subjected to examination, as well as to personal search by the requirement of the investigative body,
  • By the requirement of the investigative body to be subjected to medical examination, fingerprinting, to be taken a photo and give an opportunity to take samples of blood and body excretions,
  • By the requirement of the investigative body to be subjected to inspection and expertise,
  • To obey the legal instructions of the prosecutor, the investigator, the inquest body and the judge.

 
The rights of a minor or incompetent suspect are implemented by his legal representative in the order defined by Criminal Procedure Code.

 

The rights and obligations of the defendant
 

The defendant has the right to protection. The defendant is given a chance by the investigative body to implement his right to protection through all means defined by law. In the order defined by Criminal Procedure Code the defendant has the right;

  • To know what he is charged with for which he shall get the free copy of the decision on involvement as a defendant from the criminal prosecution body immediately after declaring about the decision on pressing a charge, taking into custody and choosing a pretrial measure,
  • After being taken into custody to get immediately a free written notification and explanation on his rights from the inquest body, investigator or prosecutor,
  • To have a lawyer, to decline a lawyer and to defend himself from the moment of being pressed a charge,
  • To have separate, confidential meetings with his lawyer without restriction of number and duration of meetings,
  • To be interrogated in the presence of the lawyer,
  • To give testimony or to decline to give testimony, to be cross-examined with persons having witnessed against him,
  • To give explanations or to decline to give explanations,
  • Through his motion, by the permission of the inquest body, investigator or prosecutor personally or through his lawyer to take part in the investigatory or other procedural actions or to refuse to take part in them, if nothing else is defined by law,
  • Immediately after being taken into custody, but not later than within12 hours, through the investigative body to inform the close relatives,  in case of being a serviceman, to inform the military commanders through a telephone or other possible means about the place and grounds of his detention.
    In case of a foreign citizen or a stateless person, through diplomatic ways  within 24 hours the investigative body informs the state of the citizenship of the person, in case of stateless citizen, to the state of his permanent residence, to another interested state if needed about the place and grounds of his detention.
    According to the international agreements of the Republic of Armenia, if the foreign citizen or the stateless person has the right to contact the appropriate representative or another authorized representative of the state of the citizenship or the state of permanent residence, correspondingly, or to be visited by the representative, the request made by the person taken into custody shall be sufficed.
  • To declare challenges,
  • To file motions,
  • To plead guilty or not guilty,
  • To object to the actions of prosecution bodies and demand to involve his objections in the protocol of investigatory or other procedural actions,
  • To get acquainted with the protocols of investigatory or other procedural actions in which he has participated or has been present, as well as to submit comments on accuracy and completeness of the notes in the protocol, to demand to make notes in the protocol of the mentioned action on circumstances which, in his opinion, must be mentioned, in case he has participated in an investigatory or other procedural action or has been present at the court session,
  • To get acquainted with the materials of the case from the moment the preliminary investigation is completed, to have free copy of them and write out any information of any volume.
  • To mediate to use accelerated procedure before starting the trial,
  • To take part in the sessions of the court of first instance, the court of appeals and the examination of the materials of the case, to make speeches and remarks,
  • To make the last speech during the trial,
  • Through the investigative body to get acquainted with the decisions on appointing expertise and professional inspection, on using pretrial measure or other means of court enforcement against him, and at his request, to get free copy of these decisions and the bill of indictment or the final decision, the claim, as well as the copy of the verdict or other final decision of the court,
  • To appeal against the actions and decisions of the inquest body, the investigator, the prosecutor, the court, including the verdict and other final decision of the court
  • To take back the complaint submitted by him or his lawyer,
  • To object to the complaints of other participants of the trial being informed by the investigative body or in the result of other circumstances,
  • To protest against the illegal actions of the other party,
  • To object to the actions of the person presiding the court session,
  • To get compensation for the damage inflicted illegally in the result of the actions of the investigative body.

The defendant has other rights, as well prescribed by Criminal Procedure Code.

Enjoyment or abandonment of the rights by the suspect shall not be interpreted against him and cause any unfavorable consequence to him. The suspect is free to give testimony or explanations, except for cases when he has declared about committing a crime by the person obviously not involved in the crime

 

The defendant is obliged
 

  • To appear by the summon of the investigative body,
  • While being under custody to be subjected to personal search by the requirement of the investigative body,
  • By the requirement of the investigative body to be subjected to medical examination, fingerprinting, to be taken a photo and give an opportunity to take samples of blood and body excretions,
  • By the requirement of the investigative body to be subjected to inspection and expertise,
  • To obey the legal instructions of the prosecutor, the investigator, the inquest body and the judge,
  • Not to leave the court session until the break without the permission of the person presiding the session,
  • To maintain order at the court session.

The rights of a minor or incompetent defendant are implemented by his legal representative in the order defined by Criminal Procedure Code.

 

 The rights and obligations of the injured party

 

 In the order defined by Criminal Procedure Code the injured party has the right

  • To get acquainted with the pressed charge,
  • To give testimony,
  • To give explanations,
  • To submit materials to enclose to the criminal case and to examine
  • To claim challenges,
  • To file motions,
  • To object to the actions of the investigative bodies and to demand to insert his objections in the protocol of investigatory or other procedural actions,
  • To get acquainted with the protocols of investigatory or other procedural actions in which he has participated and to submit comments on accuracy and completeness of the notes in the protocol, to demand to make notes in the protocol of the mentioned action or the court session on the circumstances which, in his opinion, must be mentioned, in case he has taken part in an investigatory or other procedural action or has been present at a court session,
  • To get acquainted with the materials of the case from the moment the preliminary investigation is completed, to have free copy of them and write out any information of any volume,
  • To take part in the sessions of the court of first instance and the court of appeals,
  • At his request to get free copies of dismissing the criminal case, suspending the criminal prosecution and involving as a defendant, as well as the copy of the verdict or other final decision of the court,
  • To appeal against the actions and decisions of the inquest body, investigator, prosecutor, court, including the verdict and other final decision of the court,
  • To come to terms with the suspect and the defendant in the order defined by law,
  • To object to the complaints of other participants of the trial against the verdict or other final decision of the court,
  • In the order defined by law to get a compensation for the damage inflicted through a committal forbidden by law,
  • To get a compensation for the expenses he has had during criminal proceedings,
  • To get back from the investigative body the property taken as evidence or on other grounds, as well as the original documents belonging to him,
  • To have a representative and to terminate the representative’s authorizations.

 

 The injured party is obliged
 

  • To appear by the summon of the investigative body,
  • To give testimony by the requirement of the investigative body,
  • To submit the objects, documents at his possession, as well as the samples for comparative examination by the requirement of the investigative body,
  • To be subjected to examination by the investigative body investigating the criminal case on the crime allegedly committed against him,
  • By the requirement of the investigative body to be subjected to outpatient examination to check his ability of perceiving and reproducing correctly the circumstances to be found in the framework of the criminal caseif there are grounds to doubt whether he has such ability,
  • T o obey the legal instructions of the prosecutor, investigator, inquest body, the person presiding the court session,
  • To maintain order at the court session.

The injured party enjoys his rights and implements his obligations personally or through a representative if it complies with the nature of the respective rights and obligations.

The rights of a minor or incompetent injured party are implemented by his legal representative in the order defined by law.

The legal entity which was inflicted moral or material damage can be found an injured party. In this case the rights and obligations of the injured party are implemented by the representative of the legal entity.

 

 The rights and obligations of the witness

 

 The witness is obliged
 

  • To appear by the summon of the investigative body in order to give testimony, as well as to take part in the implementation of investigatory or other procedural actions,
  • To give a true testimony; to tell everything he knows on the case and answer the questions given to him, to confirm by his signature the truthfulness of the notes of his testimony in the protocol of the investigatory or other procedural action,
  • To submit the objects, documents at his possession, as well as the samples for comparative examination by the requirement of the investigative body,
  • To be subjected to inspection by the requirement of the investigative body,
  • By the requirement of the investigative body to be subjected to outpatient examination to check his ability of perceiving and reproducing correctly the circumstances to be found in the framework of the criminal caseif there are grounds to doubt whether he has such ability,
  • To obey the legal instructions of the prosecutor, investigator, inquest body, the person presiding the court session,
  • Not to leave for another place without the permission of the court or without informing in advance to the criminal prosecution body about the new place of his location,
  • Not to leave the court session or the court building without permission of the person presiding the session,
  • To maintain order during the court session,

If the witness does not implement his obligations he can be subjected to liability prescribed by law.

 

 The witness has the right
 

  • To know which criminal case he is called for
  • To refuse to give evidence incriminating himself, his spouse or his close relatives,
  • To refuse to submit materials and information if they can testify against himself, his spouse or close relatives in criminal case,
  • While giving testimony to use documents and his written notes by permission of the investigative body,
  • While giving testimony to draw sketches, diagrams and drawings
  • To narrate personally the testimony given during the pretrial proceeding,
  • To get acquainted with the protocol of investigatory or other procedural action conducted in his presence, as well as to make comments related to the protocol of court session on the respective part and the accuracy and completeness of the notes of his testimony which are included in the protocol.
  • To get compensation for the expenses he has had during the proceeding of the criminal case,
  • To get back from the investigative body the property taken as evidence or on other grounds, as well as the original documents belonging to him,
  • To go to the investigative body with his lawyer.
     

 The rights and obligations of the minor during preliminary investigation

 

  • The rights of the minor injured party, civil plaintiff, defendant, suspect are implemented by his legal representative instead of him, as defined by law,
  • The legal representative of the witness under 14, as well as the legal representative of the minor more than 14 permitted by the investigative body has the right to know about summoning the person represented by him to the investigative body and take part in investigatory or other procedural action accompanying him,
  • Minors have the right to care and the mentioned body is obliged to provide them with it at the expense of the state budget,
  • If the suspect or the defendant is minor at the moment of committing a crime, the participation of the lawyer in the proceeding of the criminal case is mandatory,
  • To give under supervision as a pretrial measure can be used only against a minor,
  • In case of convicting a minor the court costs may be put on his legal representative,
  • The minor witness, regardless of age, can be interrogated on condition that he might tell information significant for the case,
  • Detention as a pretrial measure is allowed to use against a minor suspect or defendant only if he is supposed to have committed a crime of medium gravity, a grave or a particularly grave crime.