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 69. Obligatory Participation of Defense Attorney

1. The participation of the defense attorney in the proceedings of the criminal case is obligatory in the following cases:
1) the suspect or the accused expressed such a wish;
2) it is difficult for suspect or accused to exercise the right to defense, belonging to them themselves because of being deaf-mute, blind, deaf, other essential violations of the functions of speech, hearing, sight, because of lengthy severe illness, and also idiocy, obvious mental underdevelopment, other physical or mental defects;
3) an aggravated mental disorder or temporary mental disorder of the suspect or the accused is revealed at the moment of the conduct of the criminal case;
4) the suspect and the accused have no command or sufficient knowledge of the language of the criminal proceedings;
5) the suspect or accused had been under age at the moment of the incident, the involvement in which is incriminated to them;
6) the accused is a person drafted for military service;
7) there are discrepancies in the interests of the suspects or the accused, meanwhile one of them has a defense attorney;
8) the criminal prosecution is conducted with respect to a person, to whom is incriminated the commitment of a deed, forbidden by criminal laws, in the state of insanity;
9) the suspect or the accused are under disability.

2. The participation of the defense attorney in the proceedings of the criminal case is obligatory from the moment of:
1) the expression of the will by the suspect or the accused to have a defense attorney: in cases prescribed by Point 1, Part 1 of this Article.
2) the announcement to the suspect on the resolution of the body of criminal prosecution on the detention, the presentation of the protocol of detention or the decision on the selection of the precautionary measure, or upon indictment: in cases, prescribed by Points 2,4,5, Part 1 of this Article;
3) the disease was revealed : in cases, prescribed by Point 3, Part 1 of this Article;
4) the indictment: in cases, prescribed by Points 6 and 8, Part 1 of this Article;
5) such circumstances were revealed: in cases, prescribed by Point 7, Part 1 of this Article;
6) the adoption of the decision on bringing to court in the capacity of the accused: in the case, prescribed by Point 9, Part 1 of this Article;
7) the suspect or accused were recognized as incompetent in the manner of civil proceedings, in case, prescribed by Point 9, Part 1 of this Article.

3. The expression of the wish by the suspect or the accused to have a defense attorney is not a circumstance, pre-determining the obligatory manner of the participation of the defense attorney in the criminal case proceedings, if they had had a defense attorney, appointed for them, but had declared a rejection from defense attorney, accepted by the body conducting the criminal trial.

4. The obligatory participation of defense attorney in the proceedings of the criminal case is ensured by the body, conducting the criminal trial.

Keywords

Fair trial standards
Rights during trial - legal assistance
Rights during investigation - legal assistance



EDIT.