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«Լուրերի» բացառիկ հարցազրույցը ՀՀ գլխավոր դատախազ Արթուր Դավթյանի հետ

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09.09.2021 | The RA Prosecutor General instructed to resume the investigation of all cases suspended on the grounds of intentional evasion of investigation by people who committed a crime within the framework of in absentia proceedings

The law HO-307-N "On Making Amendments to the RA Criminal Procedure Code" entered into force on August 28, 2021, which, inter alia, introduced the structure of conducting proceedings according to the RA Criminal Procedure Code in absentia of the accused. According to it, the proceedings in absentia are carried in the frame of the case when the accused avoids participating in the criminal proceedings.

 

This institution gives possibility the accused to intentionally refuse the right to participate in the criminal proceedings, and as a consequence, in case of not participating in the investigation of the case, to continue the further course of the proceedings both during the preliminary investigation and the trial, as well as to make a verdict in the absence of the defendant.

 

The objective of such an institution is to ensure that cases are examined within a reasonable time, access to justice for victims, as well as a reasonable balance of private and public interests.

 

The institute of proceedings in absentia is used in many countries of the world, and the European Court of Human Rights has stated that the impossibility of conducting a trial when the person under criminal prosecution is absent the criminal proceedings may be paralyzed, lead to dissemination of evidence, expiration of criminal prosecution and failure of justice.

 

The above-mentioned law "On Making Amendments to the RA Criminal Procedure Code" stipulates that proceedings in absentia may not be conducted if the accused has not been duly notified of the criminal prosecution, or it is impossible to participate in the proceedings, regardless of his/her will, sufficient measures have not been undertaken to ensure the participation of the accused in the investigation of the case, the accused is a minor, or was insane at the time of the act or became mentally ill after committing the crime depriving him of the opportunity of accountability.

 

Based on the above, Artur Davtyan, the RA Prosecutor General instructed all the subdivisions of the RA Prosecutor's Office to raise the suspended proceedings in absentia and use in cases of wanted people.

 

The Prosecutor General considered it necessary to use all the tools provided to the Prosecutor's Office by law, all means to facilitate the detection of crimes, particularly serious, corruption crimes in order to expedite the investigation of cases under investigation.