Armenia

Criminal Procedure Code of the Republic of Armenia

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 9. REPRESENTATIVES AND SUCCESSORS

Article 77. The Rights and Obligations of Legitimate Representative of the Injured Party, Civil Plaintiff, Suspect, Accused

1. The legitimate representative of the injured party, civil plaintiff, suspect, accused has the following rights, in the manner prescribed by this Code:
1) to know the essence of charges, and the legitimate representative of the suspect, also to know the essence of the suspicion;
2) to know about the summons of the participant of the trial, whom he/she is representing, to the body, conducting the criminal trial and to accompany him/her there;
3) to communicate unhampered with the participant of the trial, whom he/she is representing privately and confidentially without the limitation of the number and duration of the conversations;
4) to participate in the investigatory and other procedure actions conducted by the body of criminal prosecution upon the suggestion of the named body;
5) to give explanations;
6) to present materials for the inclusion into the criminal case and for examination;
7) declare challenges;
8) declare motions;
9) 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;
10) to acquaint himself/herself with the protocols of investigatory and other procedure actions, in which he/she or the trial participant, whom he/she is representing, participated or was present; to issue remarks with respect to the correctness and fullness of the records in the protocol of the investigatory action or other procedure actions; to demand, during the participation in investigatory and other procedure actions, and also in the court session the inclusion into the protocol of the mentioned actions or the court session 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;
11) to acquaint himself/herself with all materials of the case after the end of the preliminary investigation, make copies and write out any amount of information;
12) to receive the copy of the indictment;
13) 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 taking place on the court session, and to address the court with a speech and a remark in the absence of the representative or the defense attorney of the civil plaintiff and the accused, represented by him/her, respectively;
14) to receive free of charge, upon his/her request, the copies of the decisions, which the represented person has a right to receive according to this Code;
15) to submit appeals on the actions and decisions of the body of inquiry, the investigator, the prosecutor, the court including the appeal of the court verdict and other final decision of the court;
16) to recall any appeal submitted by him/her;
17) to make objections on the appeals of other participants of the trial, in the part, related to the interests of the participant of the trial, represented by him/her, communicated to him/her by the body, conducting the criminal trial or known to him/her following other circumstances;
18) to express at the court session opinion regarding the motions and proposals of other participants of the trial;
19) to protest against unlawful actions of other party;
20) to object against the actions of the presiding person;
21) to invite for the person represented by him/her a defense attorney and a representative, respectively, and to terminate the powers of the defense attorney and the representative invited by him/her.
22) Get back the property taken by the body of criminal proceedings as material evidence or the property taken on other grounds, and the originals of official documents which belong to him.

2. The legitimate representative of the incompetent injured, civil plaintiff, suspect, accused exercises, during the proceedings of the criminal case, their rights, with the exception of the rights, inseparable from their person.

3. The legitimate representative of the partially competent injured, civil plaintiff, suspect, accused has the following rights:
1) to terminate the powers of the defense attorney, upon the consent of the partially competent participant of the trial, represented by him/her;
2) to know the intention of the partially competent participant of the trial, represented by him/her on recalling the appeal on the deed, forbidden by the criminal law, committed against him/her; to get reconciliation with the injured, suspect, accused; to refuse the civil claim imposed to him/her or to recognize the civil claim imposed to him/her; to recall the appeal submitted in protection of his/her interests;
3) to agree or to disagree with the decisions of the person, represented by him/her listed in the Point 2, Part 3 of this Article;

4. The legitimate representative of the incompetent injured, civil defendant, suspect, accused is not entitled, on behalf of the participant of the trial, represented by him/her to conduct the following:
1) to recall the appeal on the deed, forbidden by criminal law, committed with respect to the injured;
2) to declare the guiltiness of the accused, represented by him/her, in committing the crime;
3) to reconcile with the injured, suspect, accused;
4) to recognize the claim imposed to the accused and to refuse from the claim, imposed by civil plaintiff;
5) to recall the appeal submitted by the participant of the trial, presented by him/her;

5. The legitimate representative of the injured, civil plaintiff, suspect, accused is not entitled to conduct ant actions against the interests of the participant of the trial, represented by him/her, in particular, to refuse, on behalf of the accused, from the defense attorney.

6. The legitimate representative of the injured, civil plaintiff, suspect, accused has the following obligations:
1) to present to the body conducting the criminal trial, documents, confirming his/her powers of legitimate representative;
2) to arrive upon the call of the body, conducting the criminal trial, for the protection of the interests of the person, represented by him/her;
3) to submit the items and documents, possessed by him upon the demand of the body, conducing the criminal trial;
4) to obey the lawful instructions of the prosecutor, investigator, the body of inquiry, and of the presiding person;
5) to keep order at the court session.

7. The legitimate representative of the injured, civil plaintiff, suspect, accused may be summoned in the capacity of the witness.

8. The legitimate representative of the injured, civil plaintiff, suspect, accused has also other rights and bears other responsibilities, prescribed by this Code.

9. The legitimate representative enjoys the rights, belonging to him/her and executes the obligations, imposed on him/her personally.

Keywords

Fair trial standards



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