The issue of the length of criminal cases investigated in the proceedings of judges of the Courts of General Jurisdiction of the First Instance of Yerevan city and regions was studied at the RA Prosecutor General’s Office. According to the Constitutional Law “On Judicial Code of the Republic of Armenia”, the activities of courts must be organized in such a way so as to ensure effective judicial protection of the rights and freedoms of everyone through a fair, public and reasonable investigation of the case by an independent and impartial court established on the basis of the law.
In the course of the study, it was found out that in some cases, the investigation of cases does not meet the standards established in the framework of the case-law of the RA Court of Cassation.
In particular, regarding one case of theft on an especially large scale, investigated by the Court of First Instance of General Jurisdiction of Shirak region, it was found out that at the beginning of May 2017, after the case with the indictment was sent to the court by the prosecutor carrying out the procedural lead, because of the circumstance of the appointment of three judges to other courts, the trial is still at a preparatory stage.
The situation is similar with the criminal case sent to the Court of First Instance of General Jurisdiction of Yerevan at the beginning of December 2017. Having been in court for about two years, the final judicial act has not been rendered, and the process is still in preparation stage of the trial.
The study shows that in some cases, in the conditions of a lengthy investigation of cases in court, the statute of limitations for criminal liability expires, which causes fair dissatisfaction of the participants in the trial.
In particular, in February 2017, the criminal case was sent to the Court of First Instance of General Jurisdiction of Yerevan, but from 36 court hearings appointed within the framework of this case half - 18 did not take place, and this was mainly because of heavy workload of the court or the fact of being on a vacation. The delay of the trial led to the expiration of the statute of limitations for criminal liability, and concerning this the proceedings of the case were terminated as well as the criminal prosecution against the defendant was also terminated.
Taking into account that, as a result of such practice, the constitutional right to a fair, public and reasonable investigation by an independent and impartial court is violated, and there is not any opportunity to carry out the punishment in case of confirmation of the guilt, the principle of restoring social justice is in danger, the RA Prosecutor General Artur Davtyan turned to the RA Supreme Judicial Council. The Prosecutor General of the Republic of Armenia requested, within the framework of the powers granted to the Supreme Judicial Council of the Republic of Armenia in accordance with the Constitutional Law “On Judicial Code of the Republic of Armenia”, to identify protracted cases, take measures to ensure the reasonableness of the time for investigation and inform the Prosecutor General of the RA about the taken measures.
Arthur Davtyan also instructed the heads of subdivisions of the RA Prosecutor’s Office to ensure the exclusion of not attending the hearings by the prosecutors without a valid need.
