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 65. The Rights and Obligations of the Accused

2. The accused have the right, in the manner, prescribed by this Code:

1) to know, what is he/she accused of, for the purpose of which at the prosecuting of indictment, and also immediately upon imprisonment or the declaration of selection of the precautionary measure, to receive from the body of criminal prosecution, a free copy of the resolution on the impleading as an accused;

2) after detention, the accused is entitled to to receive from the body of criminal prosecution, the explanations on all rights, belonging to him/her/from, as prescribed by Part 2 of this Article,
3) to have a defense attorney from the moment of indictment, to refuse from the defense attorney and to defend himself/herself;
4) to communicate unhampered with his/her defense attorney tete-a-tete and confidentially without limitation of the number and the length of the conversations;
5) to be interrogated with participation of the defense attorney;
6) to give testimonies and to refuse from giving testimonies, to be cross-examined with people who testified against him;
7) to give explanations and to refuse from giving explanations;
8) 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;
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 obtain the materials on the criminal case and to present them for the inclusion into the criminal case and examination;
11) to declare challenges;
12) to declare motions;
13) to declare one's guilt or innocence;
14) 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;
15) to familiarize himself/herself with the protocols of investigatory and other procedure actions, in which he/she participated or was present, 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; to acquaint himself/herself with the protocol of court session and to bring remarks on it;
16) to acquaint himself/herself, from the moment of completion of preliminary investigation, with the materials of the case, make copies and to write out any data from the case in any volume;
17) to participate in the court session of the court of first instance and the appellate court, to participate in the examination of the materials of the case, and to address the court with speeches and a remarks;
18) to pronounce the last statement in the course of court proceedings;
19) to be notified by the body conducting the criminal proceedings on the adoption of the decisions, connected with the expert assessment and special checking, on prosecution upon him/her the precautionary measures and other measures of procedure compulsion and upon his/her request to receive also the copies of these decisions, to receive free of charge the copy of indictment or final act, the claim, and also the copy of the verdict or other final decisions of the court;
20) to appeal the actions and the decisions of the bodies of inquiry, the investigator, the prosecutor, the court, including the appeal of verdict and other final decisions of the court;
21) to recall any appeal submitted by him/her or his/her defense attorney;
22) to submit objections to the appeals of other participants of the trial, communicated to him/her by the body, during the trial, or known to him/her following other circumstances;
23) to express at the court session his opinion regarding the motions an proposals of other participants of the trial;
24) to protest against unlawful actions of other party;
25) to object to the actions of the presiding person;
26) to receive compensation for the damage, caused unlawfully by the actions of the body conducting the criminal trial.

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

Keywords

Fair trial standards



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