Armenia

Criminal Procedure Code of the Republic of Armenia

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 7. PARTY OF PROSECUTION

Article 58. The Injured

1. The person is recognized as the injured, in respect to whom bases are available to suppose, that a moral, physical or proprietary damage has been caused to him/her directly by a deed forbidden by Criminal Code. A person also is recognized as aggrieved, to whom moral or physical damage might be directly caused, if the deed, forbidden by the Criminal Code would have been finished.

2. The decision on recognition as an injured is passed by the body of inquiry, the investigator, the prosecutor or by the court.

Article 59. The Rights and Obligations of the Injured

1. The injured has the right, in the manner prescribed by this Code:
1) to know the essence of the indictment;
2) to give evidences;
3) to give explanations;
4) to present materials for the inclusion into the criminal case and examination;
5) to declare challenges;
6) to declare motions;
7) to object against the actions of the bodies of criminal prosecution and to demand on inclusion of his/her objections into the protocol of the investigatory or other procedure action;
8) to get acquainted with the protocols of the investigatory and other procedure actions, in which he/she participated, and to submits remarks on the correctness and fullness of the records in the protocol; to demand, during the participation in investigatory or other procedure action, the inclusion into the protocol of the mentioned action or the court session the records on the circumstances, which, upon his/her opinion, have to be mentioned; to get acquainted with the protocol of the court session and to bring remarks on it;
9) to get acquainted with all materials of the case, from the moment of accomplishment of the preliminary investigation, make copies from them and to write out from the case any data in any volume;
10) to participate in the sessions of the court of first instance and review court;
11) to receive upon his/her request, free of charge copies of the decisions on the abatement of criminal proceedings, on inclusion into case as an accused, the copy of the indictment or final act, and also the copy of verdict or other final decision of the court;
12) appeals the actions and decisions of the body of inquiry, the investigator, prosecutor, the court, including the appeal of the verdict and other final court decision, as established in this Code;
13) reconciles with the suspect and the accused in cases, prescribed by this Code;
14) objects to the appeals of other participants of the trial regarding the verdict or other final court decision;
15) receives the compensation, stipulated by law, of the damage caused by unlawful actions;
16) receives the compensation of expenses incurred during the criminal proceedings back the property, seized by the body, conducting criminal proceedings as a material evidence or on other bases, the originals of the documents, belonging to him/her; receives back the property belonging to him/her seized from the person, conducted a deed forbidden by the criminal law;
17) get back the property, seized by the body, conducting criminal proceedings as a material evidence or on other bases, the originals of the documents, belonging to him/her;
18) to have a representative and to terminate the powers of representative.

2. The injured has the following obligations:
1) arrives upon the call of the body, conducting criminal proceedings;
2) gives evidences upon the demand of the body, conducting criminal proceedings;
3) presents the items, documents and also samples under his/her discretion for the comparative study upon the demand of the body, conducting criminal proceedings;
4) to be subjected to examination upon demand of the body, conducting criminal proceedings on the crime supposedly committed with respect to him/her;
5) to be subjected, upon the demand of the body conducting criminal proceedings, to the medical investigation in order to check the ability to perceive and to reproduce correctly the circumstances, subject to discovery in criminal case, if forcible arguments are available to suspect the lack of such abilities;
6) obeys the legitimate instructions of the prosecutor, the investigator, the body of inquiry, obeys the legitimate instructions of the presiding person;
7) observes the order at the court session.

3. The injured has also other rights and bears other obligations, prescribed by this Code.

4. The aggrieved enjoys the rights belonging to him/her and executes the obligations imposed on him/her personally or, if it is corresponding to the nature of respective rights and obligations, through a representative. The rights of the juvenile or incapable aggrieved are exercised instead of them, by their legitimate representative, in the manner, prescribed by this Code.

5. A legal entity, to which moral or material damage was caused by the crime, can be recognized as the inured party. In this case the rights and obligations of the of the aggrieved party are exercised by the representative of the legal entity.

Keywords

Victims' rights - national proceedings
Appearance of victims - national proceedings



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