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.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b)
(i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.