PART 14. SPECIAL PROCEEDINGS
CHAPTER 54. INTERRELATIONS OF COURTS, PROSECUTORS AND INQUEST BODIES WITH APPROPRIATE INSTITUTION OF FOREIGN COUNTRIES AND OFFICIALS IN LEGAL ASSISTENCE IN CRIMINAL CASES
Article 474. Instructions to perform procedural actions
If necessary to conduct interrogation, examination, seizure, search, expert examination and other investigatory and procedural actions envisaged in this Code in foreign countries, the court, the prosecutor, the investogator and inquest body delegate the performance of these actions appropriate bodies of the foreign country, if there is an international agreement on legal assistence.
The instruction about conducting a separate investigatory action is sent by the Prosecutor General of the Republilc of Armenia, and the instruction on procedural actions, by the Minister of Justice or his deputies.
The instruction is written in the language of the foreign country in question where it is sent, if not otherwise envisaged in the foreign treaty.
Article 475. The content of the instruction on procedural action
The instruction on the implementation of separate investigatory and procedural must be in the written form, signed by the sending official, confirmed with a seal with the national coat of arms, and contain the following:
the name of the body which gives the instruction;
the name and address of the body where the instruction is sent;
name of the case and essence of the instruction;
data on the persons in relation to who the instruction is given, their citizenship, occupation, residence or the place where they are, for legal entities, their titles and location;
list of circumstances which must be found out, and a list of required documents, material evidence, etc.;
data on: the factual circumstances of the committed crime, its qualification, if necessary, data on the damage and amount caused by the crime.
Article 476. Summoning and interrogating the witness, the injured, the civil defendant, the civil claimant, their representatives and the expert
The witness, the injured, the civil defendant, the civil claimant, their representatives and the expert, if they are foreign citizens, by their consent, for implementation of investigatory or procedural actions, can be summoned to the Republic of Armenia by the body in charge of criminal proceedings.
The application for the presence of the summoned person is sent by procedure envisaged in part 2 of article 474 of this Code.
Procedural actions with participation of the witness, the injured and other persons mentioned in part 1 of this article are implemented by the rules envisaged in this Code, with the following reservations: it is not allowed to subject these persons to enforced appearance, fines and criminal liability for their refusal or evasion to testify, or for perjury.
Article 477. Implementation of instructions to perform procedural actions
The court, the prosecutor, the investigator, the inquest body, perform their instructions as established in this Code, based on general rules.
When performing the instructions, the procedural norms of the foreign country can be applied, if this is envisaged in the international treaty signed with this country.
In cases envisaged in the international treaty, when implem,enting the instruction, the representative from the appropriate institution of the foreign country can be present.
If the instruction can not be implemented, the received documents are returned through the ministry of justice or the procuracy to the institution from which the instruction came, indicating the reasons which prevented its implementation. The instruction is returned in all cases, if its implementation can affect the independence or security of the Republic of Armenia, or contradicts the legislation of the Republic of Armenia.
Article 478. Sending the case materials for continuation of the criminal prosecution
In the case of the crime committed by a foreign citizen in the territory of the Republic of Armenia and in the case of his departure from the country, all materials of the initiated case are forwarded to the procuracty of the Republic of Armenia which decides the issue of sending them to the appropriate institutions of the foreign country for the continuation of the investigation.
Article 479. Implementation of the application for the continuation of criminal prosecution or initiation of criminal prosection
The application of the appropriate institution of the foreign country concerning the crime committed by a citizen of the Republic of Armenia in the foreign country who returned to Armenia, for further investigation, is considered by the procuracy of the Republic of Armenia. In such cases, the preliminary investigation of the case and trial is done as envisaged in the procedure of this Code.
The evidences received while conducting the investigation in a foreign country, within his jurisdiction, by the authorized official, in the case of continuation of the investigation in the Republic of Armenia, have equal legal rights with all other evidences.
The authorized body in the Republic of Armenia can initiate a criminal case and investigate that, prior to the initiation of the criminal case by the appropriate bodies in the foreign country where a citizen of the Republic of Armenia committed a crime and then returned to this country.
International assistance in criminal matters
EDIT.