SPECIAL PART

SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES

CHAPTER 28. INTERROGATION AND CONFRONTATION

Article 206. Interrogation of the witness

The witness can be interrogated about any aspect significant for the case, including, about the personality of the suspect, the accused, the injured person, and other witnesses.
The witness is interrogated at the place the preliminary investigation is conducted, and when necessary, at the place where the latter finds himself.
The witness is interrogated apart from other witnesses. The investigator takes measures to prevent communication between witnesses summoned for the same case before the end of interrogation.
Prior to the interrogation the investigator ascertains himself in the identity of the witness, informs the latter for which case he has been summoned and warns about the duty to relate everything known about the case, as well as gives instructions against refusal or avoidance to testify, about the established criminal responsibility for perjury. The witness is advised that he is not bound to give incriminating testimony against himself, his spouse or close relatives. After that, the investigator clarifies the relations between the witness and the suspect, the accused, the injured person and starts the interrogation.
The interrogation begins with a proposal to the witness to relate everything known to the witness about the case, after that questions can be asked.

Article 207. Interrogation of a witness under age

A witness under age, regardless of age, can be interrogated provided he can relate information significant for the case.
Until 14 years, and by discretion of the investigator, until 16 year-old witness, is interrogated in the presence of the legal representative.
Prior to the interrogation, the legal representative is briefed about one's right to be present at the interrogation, commenting by permission of the investigator and asking questions, as well as about their duties. The investigator is entitled to dismiss the questions asked, however they must be recorded in the protocol.
It is explained to a witness under 16 years that it is his duty to tell everything relevant to the case in truth, but he is not warned about the responsibility for refusal or avoidance to testify and perjury.

Article 208. Interrogation of deaf, mute, blind or other severely ill person as a witness

The interrogation of a deaf or mute witness is conducted with participation of a translator understanding his signs or the sign language. The participation of the latter is recorded in the protocol.
In case of mental disease of the witness or other severe illness, the interrogation is conducted by permission of a doctor and in his presence.

Article 209. The protocol of witness interrogation

A protocol of the interrogation of the witness is compiled. The protocol indicates the position and the surname of the person conducting the interrogation, the name, surname, age, citizenship, education of the witness, the working place, occupation or position, place of actual residence and registration, as well as information about his relations with the suspect, the accused, the injured person. The protocol indicates the fact that the rights and duties have been explained to the witness.
The testimony of the witness and the answers to the questions are recorded in the first person and literally, as much as possible.
The witness testifies in Armenian or in other language mastered by the latter. If the witness does not master the state language or other language in which the investigation is conducted, the investigation is conducted with participation of a translator.
By the wish of the witness, he is given an opportunity to write down the testimonies with his own hand, which is indicated in the protocol.
After the end of the interrogation, the investigator familiarizes the witness with the protocol. The witness is entitled to appeal for making changes and additions to the protocol.
The witness and the investigator sign at the end of the protocol, and the witness and the translator also sign on each page of the protocol.
In case of witness's refusal to sign the protocol, the investigator clarifies the reasons for refusal and confirms the protocol with his own signature. If the witness is deprived of the capability to sign the protocol due to physical handicap or illiteracy, the investigator makes a note in the protocol and confirms it with his own signature.

SPECIAL PART

SECTION 9. PROCEEDINGS IN FIRST INSTANCE COURT

CHAPTER 43. TRIAL

Article 340. Procedure of the interrogation of the witness

Witnesses are interrogated apart from each other and in the absence of not yet interrogated witnesses.
The chairman clarifies the witness's relations with the defendant, the injured person, the civil claimant, the civil defendant and other persons participating in the case and suggests to the witness to announce all he knows about the case. In this case it is not allowed to interrupt the witness with questions.
The witness summoned to the trial by appeal of a party or presented by the party, is first interrogated by the appealing party or by the person who presented the witness, and after that, by other persons in that party, and finally, the representatives of the opposite party, and the court.
The witness summoned by the initiative of the court is first interrogated by the prosecution party, then, the defense party, and finally, the court.

Article 341. Interrogation of an under-age witness

Interrogation of an under-age witness, if it is necessary for complete, comprehensive and objective examination of the circumstances of the case, can be conducted by appeal of the parties or by court initiative, in the absence of the defendant. After return to the court room, the testimonies of the under-age witness are publicized for the defendant; the latter is given an opportunity to ask questions to the witness and to testify on the data provided by the witness.
A witness under sixteen years of age must be taken from the court room after the interrogation, except those cases when the court by appeal of a party or by its own initiative finds it necessary that the witness should be present.

Article 342. Publicizing the testimonies of witness

Publicizing the testimonies of the witness during the inquest, preliminary investigation or the preliminary trial and the reproduction of the audio records of these testimonies during the trial is allowed when the witness is absent from the trial for reasons which rule out the possibility of his presence, when there are essential discrepancies between these testimonies and the ones the witness gave in court, and in other cases envisaged in this Code.
The reproduction of audio records of the testimonies of the witness is possible only after publicizing the interrogation protocol or the court trial protocol where his testimonies are recorded.