Armenia

Criminal Procedure Code of the Republic of Armenia

GENERAL PART

Section VII. CONFIDENTIALITY AND ITS TERMS

CHAPTER 23. MAINTENANCE OF CONFIDENTIALITY

Article 171. Confidentiality of a State Secret

1. In criminal proceeding every measure prescribed by law shall be taken to preserve the confidentiality of any material which constitutes a state secret.

2. Persons who are asked by the body which carries out the criminal proceeding in accordance with provisions of the present Code not to disclose information about state secret shall not have the right to refuse to fulfill that requirement but shall have the right to demand from the inquiry body or other corresponding body a proof of the necessity of such a disclosure.

3. A state employee who had disclosed information about a state secret shall in written form inform the head of the corresponding state body about that if not forbidden to do so by the body which carries out the criminal proceeding.

4. Proceeding of criminal cases pertaining to the information about state secret shall be carried out by judges as well as by the prosecution, investigation, inquiry body who have signed a document about not disclosing such information.

5. Defense attorneys and other representatives as well as other persons who shall be exposed to the information which constitutes a state secret shall sign a document verifying the confidentiality of such information. In case of a refusal to undersign to preserve the confidentiality of such an information, the defense attorney or other representative, except for the legal representative, shall be deprived of the right to participate in the criminal proceeding. As for the other persons, they shall not receive any information which constitutes a state secret. The given obligation not to divulge any information pertaining to the state secret shall not prevent the participant of the proceeding from investigating the information which constitutes a state secret in a closed-door proceeding.

Keywords

Protection of national security
Confidentiality re national security



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