SPECIAL PART
SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES
CHAPTER 28. INTERROGATION AND CONFRONTATION
Article 205. The procedure of summoning to interrogation
The witness, the injured person, the suspect, the accused are summoned to the investigator by a notice which is handed over to them with their signature, and in case of their absence, to one of their legal-age family members, neighbors, the apartment maintenance office or through the administration of their working or studying place. They can be also summoned by telegram, telephoned message or fax.
The notice indicates who is summoned, to whom, in what procedural capacity, where and when (the day and hour of appearance) the summoned person shall come. The notice indicates that in case of not coming, the summoned person can be subject to compulsory appearance, according to Article 153 of this Code.
As a rule, persons under age are summoned through their legal representatives.
The suspect under arrest and the accused are summoned through the administration of the arrest institution.
Article 206. Interrogation of the witness
The witness can be interrogated about any aspect significant for the case, including, about the personality of the suspect, the accused, the injured person, and other witnesses.
The witness is interrogated at the place the preliminary investigation is conducted, and when necessary, at the place where the latter finds himself.
The witness is interrogated apart from other witnesses. The investigator takes measures to prevent communication between witnesses summoned for the same case before the end of interrogation.
Prior to the interrogation the investigator ascertains himself in the identity of the witness, informs the latter for which case he has been summoned and warns about the duty to relate everything known about the case, as well as gives instructions against refusal or avoidance to testify, about the established criminal responsibility for perjury. The witness is advised that he is not bound to give incriminating testimony against himself, his spouse or close relatives. After that, the investigator clarifies the relations between the witness and the suspect, the accused, the injured person and starts the interrogation.
The interrogation begins with a proposal to the witness to relate everything known to the witness about the case, after that questions can be asked.
Article 207. Interrogation of a witness under age
A witness under age, regardless of age, can be interrogated provided he can relate information significant for the case.
Until 14 years, and by discretion of the investigator, until 16 year-old witness, is interrogated in the presence of the legal representative.
Prior to the interrogation, the legal representative is briefed about one's right to be present at the interrogation, commenting by permission of the investigator and asking questions, as well as about their duties. The investigator is entitled to dismiss the questions asked, however they must be recorded in the protocol.
It is explained to a witness under 16 years that it is his duty to tell everything relevant to the case in truth, but he is not warned about the responsibility for refusal or avoidance to testify and perjury.
Article 208. Interrogation of deaf, mute, blind or other severely ill person as a witness
The interrogation of a deaf or mute witness is conducted with participation of a translator understanding his signs or the sign language. The participation of the latter is recorded in the protocol.
In case of mental disease of the witness or other severe illness, the interrogation is conducted by permission of a doctor and in his presence.
Article 209. The protocol of witness interrogation
A protocol of the interrogation of the witness is compiled. The protocol indicates the position and the surname of the person conducting the interrogation, the name, surname, age, citizenship, education of the witness, the working place, occupation or position, place of actual residence and registration, as well as information about his relations with the suspect, the accused, the injured person. The protocol indicates the fact that the rights and duties have been explained to the witness.
The testimony of the witness and the answers to the questions are recorded in the first person and literally, as much as possible.
The witness testifies in Armenian or in other language mastered by the latter. If the witness does not master the state language or other language in which the investigation is conducted, the investigation is conducted with participation of a translator.
By the wish of the witness, he is given an opportunity to write down the testimonies with his own hand, which is indicated in the protocol.
After the end of the interrogation, the investigator familiarizes the witness with the protocol. The witness is entitled to appeal for making changes and additions to the protocol.
The witness and the investigator sign at the end of the protocol, and the witness and the translator also sign on each page of the protocol.
In case of witness's refusal to sign the protocol, the investigator clarifies the reasons for refusal and confirms the protocol with his own signature. If the witness is deprived of the capability to sign the protocol due to physical handicap or illiteracy, the investigator makes a note in the protocol and confirms it with his own signature.
Examination of witnesses - national proceedings
EDIT.