Identification and whereabouts of persons - national proceedings

Republic of Armenia

Armenia - Criminal Procedure Code (EN) 1998 (2016)

SPECIAL PART

SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES

CHAPTER 30. IDENTIFICATION

Article 221. Identification of a person

When necessary to present the suspect, the injured persons for identification to the witness for identification, the investigator interrogates the latter beforehand about the outward appearance and marks of the person, and other aspects, in what circumstances the identifier saw that person, about which an appropriate protocol is written.
If the identifier is a witness or the injured person, he is warned beforehand about the responsibility for avoidance or refusal from testimony, perjury as well as the right not to testify against his spouse or close relative.
The person subject to identification is presented to the identifier together with at least three other persons of the same sex and as similar looking and dressed as possible. Before the beginning of the identification the investigator suggests to the identified person to take any place amongst other persons.
At the discretion of the investigator, the identification of the person can be conducted from a spot beyond the field of vision of the identified person.
The identification is not carried out and the conducted identification can not be considered grounded, if the identifier mentioned such features which for reasons of their uncertainty can not be sufficient for the identification of the identified person.
When necessary, the identification can be conducted by photographs of people with similar the outward appearance and clothes.
The presentation of persons for identification is done in the presence of witnesses of the identification.

SPECIAL PART

SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES

CHAPTER 30. IDENTIFICATION

Article 223. Identification of a corpse

The identification of a corpse, parts of it and those objects for the identification of which it is difficult to acquire similar objects is conducted by presenting one sample.
If a human corpse is identified whom the identifier had seen alive it is allowed to perform make up.
Corpse identification is done in the presence of witnesses to identification.

SPECIAL PART

SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES

CHAPTER 30. IDENTIFICATION

Article 224. The identification protocol

After presentation of a person or object for identification, a protocol is written which indicates the data of the identifier and the legal status, as well as the fact of being warned about the responsibility for perjury, evasion or refusal from testimony. The protocol indicates the data of persons presented for identification and the description of objects, telling in detail about those features by which their identification was done.
The protocol indicates the place of identification as well as the name and surname of the person who conducted.
The protocol is signed by all participants of investigatory actions. If photographs were taken or videofilming or filming or recording was done, the photographs and tapes are attached to the protocol. Photographs, films and other materials are attached to the protocol.

SPECIAL PART

SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES

CHAPTER 37. SUSPENSION AND TERMINATION OF CRIMINAL PROCEEDINGS

Article 259. Search for the accused

The investigator can announce the search for the accused both when conducting preliminary investigation of the case and at the same time with suspension of the criminal proceedings.
If the place of the accused is not known or if the accused is hiding from investigation, the investigator by his own decision, instructs the investigation bodies to conduct the search. The search for the accused is the disclosure of his whereabouts, arrest of the accused and handing him over to the body in charge of the proceedings. Based on the investigator's decree, by procedure envisaged in this Code, measures to secure the appearance of the accused can be used.

Rome Statute

Article 93 Other forms of cooperation

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;