Article 52. Right to Apply to the Human Rights Defender

Everyone shall have the right to receive the assistance of the Human Rights Defender in the event of violation of his or her rights and freedoms, enshrined by the Constitution and laws, on the part of state and local self-government bodies and officials, whereas in the cases prescribed by the Law on the Human Rights Defender — also on the part of organisations. Details shall be prescribed by law.

Article 64. Right to Receive Legal Aid

1. Everyone shall have the right to receive legal aid. Legal aid shall be provided at the expense of state funds in the cases prescribed by law.
2. Advocacy based on independence, self-governance and legal equality of advocates shall be guaranteed with a view of ensuring legal aid. The status, rights and responsibilities of advocates shall be prescribed by law.

Article 67. Right to Be Defended Against a Charge

Everyone accused of a crime shall have:
(1) the right to be promptly and thoroughly informed, in a language which he or she understands, of the nature of and grounds for the charge brought ;
(2) the right to defend himself or herself personally or be defended through an advocate chosen thereby;
(3) the right to have adequate time and opportunities to prepare his or her defence and to communicate with the advocate chosen thereby;
(4) the right to question persons testifying against him or her, or have these persons questioned, as well as have the persons testifying in his or her favour to be summoned and interrogated under the same conditions as those for the persons having testified against him or her;
(5) the right to avail of the services of a translator, free of charge, in case he or she does not have command of the Armenian language.

GENERAL PART

Section One : GENERAL PROVISIONS

CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS

Article 10. Ensuring the Right to Legal Assistance

1. Everyone has the right to receive legal assistance, in accordance with the provisions of this Code.

2. The body conducting criminal proceedings, shall be obligated to ensure that the suspect or the accused receive legal assistance.

3. During criminal proceedings, the civil claimant or his legal representative, the legal representative of the suspect or the accused, as well as the civil defendant shall have the right to enjoy the legal assistance of lawyers invited by them.

4. During interrogation of the injured party, the body of criminal prosecution shall have no right to prohibit the attendance of the attorney invited by the injured party as legal representative.

5. The body conducting the criminal proceedings is entitled to provide the suspect or the accused with free legal counselling based on the financial situation of the latter.

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 7. PARTY OF PROSECUTION

Article 55. The Investigator

4. 16) ensure the appointment of lawyers in the capacity of defense attorneys and to permit the persons to participate in the capacity of defense attorneys and the representatives;

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 63. The Rights and Obligations of the Suspect

2.

4) to have a defense attorney from the moment of presentation to him/her the resolution of the body of criminal prosecution, on detention, the protocol of detention or the resolution on selection of the precautionary measure; to refuse from defense attorney and to conduct the defense himself/herself;

5) to communicate without hindrance, with his/her defense attorney tete-a-tete and confidentially without limitation of the number and the length of the conversations;

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 65. The Rights and Obligations of the Accused

2. 3) to have a defense attorney from the moment of indictment, to refuse from the defense attorney and to defend himself/herself;

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 69. Obligatory Participation of Defense Attorney

1. The participation of the defense attorney in the proceedings of the criminal case is obligatory in the following cases:
1) the suspect or the accused expressed such a wish;
2) it is difficult for suspect or accused to exercise the right to defense, belonging to them themselves because of being deaf-mute, blind, deaf, other essential violations of the functions of speech, hearing, sight, because of lengthy severe illness, and also idiocy, obvious mental underdevelopment, other physical or mental defects;
3) an aggravated mental disorder or temporary mental disorder of the suspect or the accused is revealed at the moment of the conduct of the criminal case;
4) the suspect and the accused have no command or sufficient knowledge of the language of the criminal proceedings;
5) the suspect or accused had been under age at the moment of the incident, the involvement in which is incriminated to them;
6) the accused is a person drafted for military service;
7) there are discrepancies in the interests of the suspects or the accused, meanwhile one of them has a defense attorney;
8) the criminal prosecution is conducted with respect to a person, to whom is incriminated the commitment of a deed, forbidden by criminal laws, in the state of insanity;
9) the suspect or the accused are under disability.

2. The participation of the defense attorney in the proceedings of the criminal case is obligatory from the moment of:
1) the expression of the will by the suspect or the accused to have a defense attorney: in cases prescribed by Point 1, Part 1 of this Article.
2) the announcement to the suspect on the resolution of the body of criminal prosecution on the detention, the presentation of the protocol of detention or the decision on the selection of the precautionary measure, or upon indictment: in cases, prescribed by Points 2,4,5, Part 1 of this Article;
3) the disease was revealed : in cases, prescribed by Point 3, Part 1 of this Article;
4) the indictment: in cases, prescribed by Points 6 and 8, Part 1 of this Article;
5) such circumstances were revealed: in cases, prescribed by Point 7, Part 1 of this Article;
6) the adoption of the decision on bringing to court in the capacity of the accused: in the case, prescribed by Point 9, Part 1 of this Article;
7) the suspect or accused were recognized as incompetent in the manner of civil proceedings, in case, prescribed by Point 9, Part 1 of this Article.

3. The expression of the wish by the suspect or the accused to have a defense attorney is not a circumstance, pre-determining the obligatory manner of the participation of the defense attorney in the criminal case proceedings, if they had had a defense attorney, appointed for them, but had declared a rejection from defense attorney, accepted by the body conducting the criminal trial.

4. The obligatory participation of defense attorney in the proceedings of the criminal case is ensured by the body, conducting the criminal trial.

SPECIAL PART

SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES

CHAPTER 28. INTERROGATION AND CONFRONTATION

Article 211. Interrogation of the suspect

The detained suspect is entitled to testify in the presence of a lawyer. If it is impossible to provide immediate participation of the lawyer, the investigator must provide the participation within 24 hours after detention or arrest.

SPECIAL PART

SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES

CHAPTER 28. INTERROGATION AND CONFRONTATION

Article 212. Interrogation of the accused

The accused is entitled to be interrogated in the presence of a lawyer. The participation of the lawyer is mandatory in cases envisioned in this Code.

CHAPTER 2. LEGAL STATUS AND RIGHTS OF ARRESTEES AND DETAINEES, AND GUARANTEES OF PROTECTION OF THESE RIGHTS

Article 13. Rights of Arrestees and Detainees

3) to complain about violations of his/her rights and freedoms, both personally and through his/her attorney or legal representative to the administration of the places of arrest or detention, to their superiors, to the court, to the prosecutor’s office, to central and local government bodies, public organizations and parties, the media, as well as to international bodies or organizations involved in protection of human rights and freedoms;

CHAPTER 2. LEGAL STATUS AND RIGHTS OF ARRESTEES AND DETAINEES, AND GUARANTEES OF PROTECTION OF THESE RIGHTS

Article 13. Rights of Arrestees and Detainees

6) to receive legal assistance;

CHAPTER 3. PECULIARITIES OF THE RIGHTS OF ARRESTEES AND DETAINEES

Article 15. Meetings with Attorney, Close Relatives and Other Persons

From the moment the criminal prosecution body’s decision about arrest, the arrest warrant or a decision on choosing detention as preventive punishment are announced, arrestees and detainees shall receive private and hindrance-free meetings with their attorney; the duration and the number of meetings shall not be limited; they shall also have meetings with their legal representative upon permission of the body conducting the criminal proceedings. Meetings with a lawyer acting as attorney in the case shall be permitted upon presentation of an ID and document issued by the Bar confirming that the bearer is in fact an attorney at law.

Meetings of arrestees and detainees with their attorneys shall be held in a place where employees of the places of arrest and detention can see, but cannot hear them.

Meetings of arrestees and detainees with close relatives, and in case of detainees – also meetings with representatives of the mass media and other persons, shall be permitted by a decision of the head of the place of arrest and detention.

In the interests of investigation, meetings of arrestees or detainees with close relatives, representatives of the mass media or other persons may be forbidden by a decision of the body conducting the criminal proceedings; this body must notify in writing the administration of places of arrest or detention of this decision.

Meetings with close relatives, representatives of the mass media or other persons shall be held under the surveillance of employees of places of arrest or detention. Any attempt by these persons to hand over to arrestees or detainees any forbidden articles, any materials hindering the investigation of the criminal case or helping to commit a new crime, imparting or attempting to impart information may lead to premature termination of the meeting.

Arrestees shall receive at least one meeting of up to an hour with close relatives.

Detainees shall receive at least two meetings of up to three hours in a month with close relatives, representatives of the mass media or other persons at least two meetings per month with up to three hours duration.