Parties of the proceeding

1.  Public parties of the proceeding

The public parties of the proceeding are the prosecutor, investigator, head of the investigative body, chief of the inquest body, inquest body investigator.

Who is the prosecutor?
The prosecutor is a state official, who, within his jurisdiction, initiates a criminal prosecution during the criminal proceeding, conducts supervision over the legality of pretrial criminal proceeding, defends the charge in court, appeals the verdicts and other final decisions of the court.
The prosecutor, who defends charge in the court of first instance on behalf of the state within the proceeding conducted in the procedure of public accusation, is considered public accuser.
The prosecutor who defends charge in court is called accuser.

Who is the investigator?
The investigator is a state official who, within his jurisdiction, conducts preliminary investigation during criminal proceeding.

Who is the head of the investigative body?
The head of the investigative body is the head of the investigative body authorized to conduct preliminary investigation or its subdivision (general department, department, division, unit and so on) or the deputy head who, within his jurisdiction, organizes preliminary investigation and ensures its productivity.

Who is the chief of the inquest body?
The chief of the inquest body is the head of the subdivision operating in the system of the inquest body and carrying out operative-intelligence functions, who, within the framework of preliminary investigation, is authorized to conduct secret investigative actions and take operative-intelligence measures.

Who is the inquest body investigator?
The inquest body investigator is the employee of the subdivision operating in the system of the inquest body and carrying out operative-intelligence functions who, within the framework of preliminary investigation, is authorized to conduct secret investigative actions and take operative-intelligence measures.

2. Private parties of the proceeding
The private parties of the proceeding are the accused, his legal representative, advocate, victim, property defendant, legal representative and authorized representative of the victim and property defendant.

Who is the accused?
The accused is the person, against whom a criminal proceeding has been initiated and at the same time there is not an effective decision to stop criminal prosecution against him or there is not a guilty or acquittal verdict.

Who is the arrested?
The arrested is the person, whose right to personal freedom has been restricted without the court’s decision on the base of reasonable suspicion on the crime committal or in order to bring the accused to court.

Who is the acquitted accused?
The acquitted accused is the accused against whom there is a verdict of acquittal (a written opinion of the court as to the innocence or guilt of the accused before passing a verdict).
On the base of the verdict of acquittal the court passes a verdict of acquittal, respectively.

Who is the convicted accused?
The convicted accused is the accused against whom there is a guilty verdict.
On the base of the guilty verdict the court passes a guilty verdict, respectively.

Who is the advocate?
The advocate is a lawyer, who has taken up and fulfills the defense of the arrested or the accused during the criminal proceeding.
The advocate takes up the defense of the accused at the invitation of the accused, his legal representative, close relative as well as other people with further written consent of the accused. The advocate can take up the defense of the accused being appointed by the RA Chamber of Advocates based on the written requirement of the body conducting proceeding. 
Immediately after taking up the defense the advocate is obliged to inform the body conducting proceeding.

Who is the victim?
The victim is the natural person or the legal entity, state, community or the international organization regarding which there are sufficient grounds to assume that it has been caused damage by the alleged crime or it could have been caused damage if the alleged crime had been completed.
The decision to find a victim is made by the investigator or the court.

Who is the property defendant?
The property defendant is the natural person or the legal entity which, in cases and according to the procedure established by law, can be subjected to liability for the damage caused by the alleged crime.
The decision to find a property defendant is made by the court.

Who is the authorized representative?
The authorized representative is a lawyer who has been duly authorized by the victim and property defendant to present his legitimate interests during the proceeding, as well as a duly authorized employee of the victim or property defendant who is a legal entity.
A person is found an authorized representative of the victim by the decision of the body conducting proceeding, a person is found a legal representative or an authorized representative of the property defendant by the decision of the court.

Who is the legal representative?
The legal representative is the parent, adopter, guardian or trustee of an accused, victim or witness who is a minor, incapacitated or has a mental health problem, the employee of the guardianship and trusteeship body within its jurisdiction, the close relative of a dead person or the person having committed the alleged crime who is dead, as well as the head of the legal entity which is a victim or a property defendant which represents the legitimate interests of the accused, victim, witness or the legal entity.
In order to present the legitimate interests of the minor accused or victim who has been left without care, the employee of the guardianship and trusteeship competent body is involved as a legal representative.
The person is found a legal representative by the decision of the body conducting criminal proceeding.

Persons assisting the proceeding
The persons assisting the proceeding are the witness, his legal representative and lawyer, expert, translator, psychologist, witness of the investigative action, secretary of the court session.

Who is the witness?
The witness is a person called by the initiative of the party or the body authorized to conduct proceeding to testify, who may be aware of any circumstances to be clarified in the proceeding.

Who cannot be questioned as a witness or present items, documents or other materials?
1)    The lawyer - to find information which can be known to him in connection with applying to legal aid or providing such aid.
2)    The person who learnt the information on the mentioned proceeding in the result of participation in the proceeding as an advocate, victim, authorized representative of a property defendant, lawyer of the witness.
3)    The human rights defender on circumstances known to him in relation with performing his duties.
4)    The judge, the previous judge, prosecutor or the secretary of the court session in connection with the proceeding within which they have implemented their procedural authorities.
5)    The investigator in connection with the proceeding within which he has implemented his authorities, except for the case envisaged by the Part 4 of the Article 331 of this Code.
6)    The ordained priest confessor - about the circumstances known to him in the result of confession.
7)    A member of the Commission for the Protection of Competition during the period of implementation of his authorities and thereafter during the tenure in relation with the administrative proceeding conducted by the Commission for the Protection of Competition, except for the case of investigation of faults and abuses committed during the mentioned proceeding.

Who is the expert?
The expert is a person, not interested in the subject of the proceeding, who assists the proceeding by using his professional knowledge and skills;
1)    by conducting examination and giving a conclusion based on it,
2)    presenting a written opinion without conducting examination,
3)    by participating in evidentiary or other procedural  action.
The expert must possess sufficient special knowledge in science, technology, art, craft or other field.
The expert is not involved in a criminal proceeding related to the RA right or international right.
In order to conduct examination and give a written conclusion based on it, the expert is involved by the body conducting proceeding or private party of the proceeding (the accused, his legal representative, advocate, victim, property defendant, legal representative and authorized representative of the victim and property defendant). In order to present a written opinion without conducting examination, the expert is involved only by the private party of the proceeding.

Who is the translator?
The translator is a person, not interested in the subject of the proceedings, who is invited by the body conducting proceeding to make translation. A person who understands the signs of a dumb person and is able to explain signs to a deaf person is also a translator.
The translator must have a good command of the language of the proceeding and the language from which the translation is made.
The prosecutor, investigator, head of the investigative body, chief of the inquest body, investigator of the inquest body, accused, his legal representative, advocate, victim, property defendant, legal representative and authorized representative of the victim and property defendant as well as other parties of the proceeding have not the right to make translation.

Who is the witness of the investigative action?
The witness of the investigative action is an adult citizen of the Republic of Armenia, not interested in the subject of the proceeding, who participates in the conduction of the evidentiary action, at the invitation of the body conducting proceeding, in order to confirm the fact, content course and results of its conduction.
The witness of the investigative action must be able to fully and accurately perceive the actions performed in his presence.