Armenia

Criminal Procedure Code of the Republic of Armenia

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 63. The Rights and Obligations of the Suspect

1. The suspect has a right to defense. The body, conducting the criminal proceedings, provides the suspect with the possibility to implement the right to defense, he/she is entitled to, by all means and remedies, not prohibited by law.

2. The suspect has the right, in the manner, prescribed by this Code, on the following: 1) to know, what he/she is suspected in, to know the content of suspicion, the factual side and legal qualification of the deed incriminated to him/her;

2) to receive immediately upon detention from the body of inquiry, the investigator or the prosecutor a written notification of one's rights and explanation;
3) to receive immediately upon detention or upon declaration of the resolution on the selection of precautionary measure from the body of criminal prosecution, the free copy of the resolution of the body of criminal prosecution or the copy of the resolution on the selection of precautionary measure; to receive immediately upon the completion of the protocol of detention its copy;
4) to have a defense attorney from the moment of presentation to him/her the resolution of the body of criminal prosecution, on detention, the protocol of detention or the resolution on selection of the precautionary measure; to refuse from defense attorney and to conduct the defense himself/herself;
5) to communicate without hindrance, with his/her defense attorney tete-a-tete and confidentially without limitation of the number and the length of the conversations;
6) to be interrogated with participation of the defense attorney;
7) to give testimonies and to refuse from giving testimonies;
8) to give explanations and to refuse from giving explanations;
9) within 12 hours after detention, to notify through the body conducting the criminal trial the close relatives on the place of his/her imprisonment, in the case of foreign citizens, to notify the embassy or the consulate;
10) to present materials for the inclusion into the criminal case;
11) to declare challenges;
12) to declare motions;
13) to object against the actions of the bodies of criminal prosecution and to demand the inclusion of his/her objections into the protocol of investigatory or other procedure actions;
14) to participate in the investigatory and other procedure actions or refuse from participation, if not otherwise prescribed by this Code, upon his/her motion and upon the permission of the body of inquiry, the investigator or the prosecutor personally or through the defense attorney;
15) to get acquainted with the protocols of investigatory and other procedure actions, in which he/she participated, and to issue remarks with respect to the correctness and fullness of the records in the protocol; to demand, during the participation in investigatory and other procedure actions, the inclusion into the protocol of the mentioned actions, the records on the circumstances, which, to his/her opinion had to be mentioned;
16) to be notified by the body, conducting the criminal trial on the adoption of the decisions, connected with the expert assessment and special checking, and upon his/her request to receive also free copies of these decisions;
17) to appeal the actions and the decisions of the bodies of inquiry, the investigator, the prosecutor and, the court;
18) to revoke the appeal filed by him or his lawyer;
19) to receive compensation for the damage, caused unlawfully by the actions of the body, conducting the criminal trial.

3. In case, the suspicion is not confirmed, the suspect has the right to rehabilitation.

4. The implementation by the suspect the rights, belonging to him/her or the refusal from their implementation shall not be interpreted against him/her or cause any unfavorable consequences for him/her. The suspect cannot bear any responsibility for the testimonies and explanations given by him/her, with the exception of the cases, when he/she declared on committing the crime by the person who is not involved in it.

Keywords

Fair trial standards



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