28.02.2020 | During 2019 the RA Prosecutor's Office came up with 14 legislative initiatives aimed at improving the criminal law sphere

In the context of the implementation of the constitutional functions, the RA Prosecutor’s Office attaches importance to updating criminal policy in parallel with the development of legal thought in order to resolve practical issues arising in criminal procedure and criminal law practice.

On the basis of this, during 2019 by the corresponding letters of the RA Prosecutor General, 14 initiatives of amendments and additions to the legislation regulating the sphere were sent to the competent state bodies. For comparison, we should note that in 2018, 3 such initiatives were implemented.

Taking into account the need for public awareness about them, in general terms we present the essence and goals of the most important of them. Thus:

 

In order to prevent a substantial increase in burglaries and to strengthen the criminal law fight against burglaries, among other measures, by the bill “On making amendments to the Criminal Code” sent to the RA Ministry of Justice it was proposed making amendments to Articles 175 and 177 of the RA Criminal Code. In particular, to strengthen the sanction of norms envisaging criminal liability for the theft committed by illegal entry into an apartment.

 

By another bill of the Republic of Armenia “On making aamendments and suppliments to the RA Criminal Code” it was proposed to strengthen the sanction of Part 2 of Article 242 of the RA Criminal Code, and for more dangerous types of crime envisaged by the mentioned article, to provide for criminal liability with high-quality offenses. The mentioned initiative is conditioned by an obvious increase of violations of traffic rules.

 

By the RA Bill “On making amending and supplements to the RA Code of Criminal Procedure” it was proposed to establish a legal mechanism for conducting investigative actions by video call in exceptional cases. It was also proposed in exceptional cases to establish the possibility of interrogating witnesses and experts by video call at the stage of judicial investigation. Moreover, the possibility of interrogating witnesses by video call is provided after all reasonable steps have been taken to ensure the presence of the witness.

 

By another bill of the Republic of Armenia “On making aamendments and supplements to the RA Code of Criminal Procedure” is envisaged to give the body of criminal prosecution the power to initiate any private prosecution case, besides, the applicant’s lack of complaint, reconciliation of the victim with the suspect or accused or defendant for the criminal prosecution body or court will not be a mandatory basis for the termination of criminal proceedings and the termination of criminal prosecution if the offender during 3 years preceding the commission of the crime, on unjustified grounds, was released from criminal liability for intentional commission of a crime or was convicted of intentional commission of a crime.

 

In the light of the legal positions that existed in the decision of the Constitutional Court of the Republic of Armenia SDO-1446 dated 19.02.2019, a bill of the Republic of Armenia “On making aamendments and supplements to the Code of Criminal Procedure of the Republic of Armenia” was elaborated, by which it was proposed by making a supplement to Part 4 of Article 478.2 of the RA Code of Criminal Procedure stipulate that, together with the court decision on the application of temporary detention, the decision to refuse the petition is also subject to appeal. The presented bill was approved by the RA Government and was submitted to the RA National Assembly.

 

A bill of the Republic of Armenia “On making aamendments and supplements to the Code of Criminal Procedure of the Republic of Armenia” was elaborated, which is aimed at determining the place of implementation of preliminary investigation in case of failure to determine the place of the crime. It was also proposed to introduce a dispute resolution mechanism regarding jurisdiction.

 

By the attached letter of the RA Prosecutor General to the Office of the Prime Minister of the Republic of Armenia were presented proposals for amendments to the decrees of the RA Government regulating the sphere of forensic examinations, the purpose of which is to update and bring into line with the current requirements of the types, subtypes of forensic examinations, the average standard time of examination of each individual object, evaluation criteria for each individual object of examination and the cost of its examination.

 

Bills on making amendments and supplements to the RA Laws “On Prosecutor's Office” and “On Investigative Committee” were presented to the RA Ministry of Justice, by which it was proposed, among others, to establish that the petition of the RA Prosecutor General or the supervising prosecutor to initiate disciplinary proceedings is a mandatory basis for initiating disciplinary proceedings against an employee of the investigative committee.

 

A significant part of the justification for the need for legislative amendments was formulated by the territorial subdivisions of the Prosecutor's Office, based on on-site objective analysis of the situation and criminal law practice, which shows a complete unified system of the Prosecutor's Office in initiatives to improve the legislative field and law enforcement practice in the region.