'Jurisdiction' in document 'Armenia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Section One : GENERAL PROVISIONS

CHAPTER 1. LEGISLATION ON CRIMINAL PROCEDURE

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.

GENERAL PART

Section One : GENERAL PROVISIONS

CHAPTER 1. LEGISLATION ON CRIMINAL PROCEDURE

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.

GENERAL PART

Section Two: THE COURT

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.

PART 14. SPECIAL PROCEEDINGS

CHAPTER 54. INTERRELATIONS OF COURTS, PROSECUTORS AND INQUEST BODIES WITH APPROPRIATE INSTITUTION OF FOREIGN COUNTRIES AND OFFICIALS IN LEGAL ASSISTENCE IN CRIMINAL CASES

Article 481. Refusal from extradition

the crime was committed in the territory of the country which received the request;