Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS
CHAPTER 10. OTHER PERSONS PARTICIPATING IN THE CRIMINAL PROCEEDINGS
Article 84. Specialist
1. Specialist is a person, personally disinterested in the criminal case, appointed by a body, conducting the criminal trial, for the facilitation in the proceedings of investigatory or other procedure actions with the utilization of special skills and knowledge of sciences, technology, arts, crafts. The specialist may be appointed from among the persons, offered by the participant of the trial.
2. The expert shall possess sufficient professional knowledge and skills.
3. A person specialized in legal issues is not involved in the criminal proceedings. The opinion expressed by the specialist can not replace the conclusion of the expert.
4. The expert has the following obligations:
1) to arrive by the summon of the body, conducting the criminal trial to show necessary assistance;
2) to submit documents certifying one's qualifications to the body conducting the criminal proceedings, investigative and ither proceedings;
3) to communicate, upon the demand of the body, conducting the criminal trial, and also the parties, information of his/her professional experience and the relations with the persons, participating in the proceedings of the respective criminal case;
4) to be present all throughout the duration of investigative and procedure actions, in the court room, and not to leave it without permission of the person in charge or the presiding judge;
5) to use one's professional skills and knowledge in the discovery and securing of items and documents, in the use of equipment, asking questions to the expert, assisting the investigation and the parties to the court session with one's explanation of issues within one's professional competence, and to explain one's actions;
6) to obey the lawful instructions of the prosecutor, the investigator, body of inquiry and the presiding person;
7) to keep order at the court sessions;
8) to certify with one's signature the correctness and completeness of records in protocols related to the content and results of his professional actions during the investigatory and procedure actions.
9) not to divulge, without the permission of the body, conducting the criminal trial, information, became known to him/her in connection with the participation in the investigatory action or during the closed session of the court
5. Failure to perform by the expert of his/her obligations produces responsibility, prescribed by the law.
6. The specialist has the right:
1) By permission of the investigative or procedural body, to familiarize oneself with the materials of the case and ask questions to the present persons;
2) to turn the attention of the present persons on the circumstances related to the discovery, securing and collection of items and documents, use of equipment, asking questions to the expert, and related to one's own professional competence.
3) to make comments on the discovery, securing and collection of items and documents, use of equipment, asking questions to the expert, and related to one's own professional competence, which are recorded in the protocol;
4) to acquaint himself/herself with the protocols of investigatory or other procedure action, in which he/she participated, and also, in the respective part, with the protocol of the court session and to make remarks, subject to entry in the protocol of court session, regarding the fullness and correctness of the record of his/her actions and oral conclusion;
5) to receive compensation of the expenses, incurred during the proceedings of the criminal case.
7. The specialist has also other rights and bears other obligations, prescribed by this Code.
Article 85. Expert
1. Expert is a person, personally disinterested in the criminal case, appointed, upon his/her consent, by a body, conducting the criminal trial, or upon its demand, by the head of expertise institution or invited by a party for the conduct of research of the materials of the case with the utilization of special knowledge in sciences, technology, arts, crafts and for drawing a conclusion on that basis. The expert may be appointed from among the persons, offered by the participant of the trial.
2. The expert shall possess sufficient special skills and knowledge of science, technology, arts or crafts.
3. A expert specialized in legal issues is not involved in the criminal proceedings.
4. The expert has the following obligations:
1) To submit to the body of investigation, documents certifying one's special qualifications;
2) To give grounded and objective answers to the suggested questions;
3) to refuse from expert assessment, if the suggested questions are beyond the scope of his knowledge, or if the submitted materials are not sufficient to answer to these questions, and to file a conclusion to that effect;
4) to give conclusion not only on the questions suggested, but also on circumstances within his competence which emerged during the expert assessment;
5) At the request of the investigative body, to submit the costs of the expert assessment and a report on expenses;
6) To appear at the summon of the investigative body, to answer the questions of the trial participants and explain the expert conclusion.
7) At the request of the criminal proceeding bodies and parties, to provide information about one's professional experience and relations with persons participating in the proceedings;
8) When particpating in investigative actions or proceeding, not to leave the venue of these actions without the permission of the person in charge, or the presiding judge;
9) to obey the lawful instructions of the prosecutor, the investigator, body of inquiry and the presiding person;
10) to observe order at the court session;;.
11) not to divulge, without the permission of the body, conducting the criminal trial, information, became known to him/her in connection with the participation in the investigatory action or during the closed-door session of the court.
5. Failure to perform the obligations by the specialist produces responsibility, prescribed by the law.
6. The specialist has a right:
1) To require from the body in charge the criminal proceedings, the necessary objects, samples and other materials for expert assessment;
2) By permission of the body in charge of the criminal proceedings, to to familiarize oneself with the case and write out, for the purposes of the expert assessment, necessary data, ask questions in order to perform one's duties properly, to the accused, the suspect, the injured, the witnesses, familiarize with materials related to the case and make notes;
3) To participate in investigatory and other proceedings as much as they relate to the subject of assessment and are necessary for the expert conclusion;
4) to turn the attention of the court and participants of trial to to those circumstances which are related to subject of the expert assessment and the formulation of questions suggested to the expert;
5) to acquaint himself/herself with the protocols of investigatory or other procedure action, in which he/she participated, and also, in the respective part, with the protocol of the court session and to make remarks, subject to entry in the protocol of court session, regarding the fullness and correctness of the record of the course, substance and the results of the actions, conducted with his/her participation;
6) to receive compensation of the expenses, incurred during the proceedings of the criminal case.
7. The specialist has also other rights and bears other obligations, prescribed by this Code.
Article 86. Witness
1. Witness is a person, summoned for giving evidences by the body, conducting the criminal trial, as a party, to which any circumstances might be known, subject to revealing upon the given case.
2. The following persons can not be summoned and interrogated in the capacity of the witnesses:
1) the persons, who in the force of physical or mental defects are not able to perceive correctly and reproduce the circumstances, subject to establishment upon the criminal case;
2) the lawyers, to ascertain any information, which might be known to them in connection with a request for legal assistance or by rendering it;
3) the persons, to whom the information, relevant to the given criminal case, became known in connection with the participation in the proceedings of the criminal case in the capacity of defense attorney, the representative of the injured, civil plaintiff, civil defendant;
4) the judge, the prosecutor, the investigator, the officer of the body of inquiry, and the secretary of the court session, in connection with the criminal case, in which they have exercised their procedure powers, with the exception of the cases of the investigation of the mistakes or abuses at the proceedings of that case, resumption of the proceedings of the case upon the newly revealed circumstances or the restoration of the lost proceedings;
5) the clergyman, on the information, which became known to him from the confession.
3. The witness has the following obligations:
1) to arrive upon the summons of the body, conducting the criminal trial, for giving evidences, participation in the investigatory and other procedure actions;
2) to give truthful evidences: to communicate everything known to him/her on the case and to answer to the issued questions; to verify upon his/her signature in the protocol of investigatory or other procedure action the correctness of the record of his/her evidences;
3) to present the items, documents, and also the samples for comparative examination upon the demand of the body, conducing the criminal trial;
4) to be subjected to examination upon the demand of the body, conducting the criminal trial;
5) to be subjected, upon the demand of the body, conducting criminal trial, to the medical expertise for the verification of the ability to perceive correctly and to reproduce the circumstances, subject to revealing in the criminal case, if substantial grounds are available to be suspicious in the availability of his/her such abilities.
6) to obey the lawful instructions of the prosecutor, investigator, the body of inquiry and the presiding person;
7) not to travel to another locality without the permission of the court or preliminary notification the body of criminal prosecution on new residence;
8) not to leave the room of court session and the court building without permission of the presiding person;
9) to observe order at the court session.
4. Failure to perform, by the witness, of his/her obligations produces responsibility, prescribed by the law.
5. The witness has the following rights:
1) to know, for which criminal case he was summoned;
2) to refuse from giving evidences, convicting him/her, his/her spouse or his/her close relatives in committing a crime; to declare challenge to the interpreter, participating in his/her interrogation;
3) to refuse from submitting materials and information, if they may serve in the criminal case as evidences against that person, his/her spouse, or his/her close relatives; to declare requests[motions?];
4) to use, during giving the evidences, upon the permission of the body, conducting criminal trial, documents and his/her written notes;
5) to draw sketches, plans and charts when testifying;
6) to set forth his/her evidences, given in the course of pre-trial proceedings of the criminal case by his/her own hand;
7) to acquaint himself/herself with the protocols of investigatory or other procedure action in which he/she participated and also, in the respective part, with the protocol of the court session and make remarks, subject to entry to protocol regarding the fullness and the correctness of the record of his/her evidences; to accompany the evidences, given by him/her with drawing plans, schemes and pictures;
8) to receive compensation of the expenses, incurred during the proceedings of the criminal case;
9) to receive back the property, seized from him/her by the body, conducting the criminal trial, in the capacity of material evidences or on different grounds, the originals of the official documents belonging to him/her;
SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES
CHAPTER 28. INTERROGATION AND CONFRONTATION
Article 205. The procedure of summoning to interrogation
The witness, the injured person, the suspect, the accused are summoned to the investigator by a notice which is handed over to them with their signature, and in case of their absence, to one of their legal-age family members, neighbors, the apartment maintenance office or through the administration of their working or studying place. They can be also summoned by telegram, telephoned message or fax.
The notice indicates who is summoned, to whom, in what procedural capacity, where and when (the day and hour of appearance) the summoned person shall come. The notice indicates that in case of not coming, the summoned person can be subject to compulsory appearance, according to Article 153 of this Code.
As a rule, persons under age are summoned through their legal representatives.
The suspect under arrest and the accused are summoned through the administration of the arrest institution.
Article 206. Interrogation of the witness
The witness can be interrogated about any aspect significant for the case, including, about the personality of the suspect, the accused, the injured person, and other witnesses.
The witness is interrogated at the place the preliminary investigation is conducted, and when necessary, at the place where the latter finds himself.
The witness is interrogated apart from other witnesses. The investigator takes measures to prevent communication between witnesses summoned for the same case before the end of interrogation.
Prior to the interrogation the investigator ascertains himself in the identity of the witness, informs the latter for which case he has been summoned and warns about the duty to relate everything known about the case, as well as gives instructions against refusal or avoidance to testify, about the established criminal responsibility for perjury. The witness is advised that he is not bound to give incriminating testimony against himself, his spouse or close relatives. After that, the investigator clarifies the relations between the witness and the suspect, the accused, the injured person and starts the interrogation.
The interrogation begins with a proposal to the witness to relate everything known to the witness about the case, after that questions can be asked.
Article 207. Interrogation of a witness under age
A witness under age, regardless of age, can be interrogated provided he can relate information significant for the case.
Until 14 years, and by discretion of the investigator, until 16 year-old witness, is interrogated in the presence of the legal representative.
Prior to the interrogation, the legal representative is briefed about one's right to be present at the interrogation, commenting by permission of the investigator and asking questions, as well as about their duties. The investigator is entitled to dismiss the questions asked, however they must be recorded in the protocol.
It is explained to a witness under 16 years that it is his duty to tell everything relevant to the case in truth, but he is not warned about the responsibility for refusal or avoidance to testify and perjury.
Article 208. Interrogation of deaf, mute, blind or other severely ill person as a witness
The interrogation of a deaf or mute witness is conducted with participation of a translator understanding his signs or the sign language. The participation of the latter is recorded in the protocol.
In case of mental disease of the witness or other severe illness, the interrogation is conducted by permission of a doctor and in his presence.
Article 209. The protocol of witness interrogation
A protocol of the interrogation of the witness is compiled. The protocol indicates the position and the surname of the person conducting the interrogation, the name, surname, age, citizenship, education of the witness, the working place, occupation or position, place of actual residence and registration, as well as information about his relations with the suspect, the accused, the injured person. The protocol indicates the fact that the rights and duties have been explained to the witness.
The testimony of the witness and the answers to the questions are recorded in the first person and literally, as much as possible.
The witness testifies in Armenian or in other language mastered by the latter. If the witness does not master the state language or other language in which the investigation is conducted, the investigation is conducted with participation of a translator.
By the wish of the witness, he is given an opportunity to write down the testimonies with his own hand, which is indicated in the protocol.
After the end of the interrogation, the investigator familiarizes the witness with the protocol. The witness is entitled to appeal for making changes and additions to the protocol.
The witness and the investigator sign at the end of the protocol, and the witness and the translator also sign on each page of the protocol.
In case of witness's refusal to sign the protocol, the investigator clarifies the reasons for refusal and confirms the protocol with his own signature. If the witness is deprived of the capability to sign the protocol due to physical handicap or illiteracy, the investigator makes a note in the protocol and confirms it with his own signature.
SECTION 9. PROCEEDINGS IN FIRST INSTANCE COURT
CHAPTER 43. TRIAL
Article 340. Procedure of the interrogation of the witness
Witnesses are interrogated apart from each other and in the absence of not yet interrogated witnesses.
The chairman clarifies the witness's relations with the defendant, the injured person, the civil claimant, the civil defendant and other persons participating in the case and suggests to the witness to announce all he knows about the case. In this case it is not allowed to interrupt the witness with questions.
The witness summoned to the trial by appeal of a party or presented by the party, is first interrogated by the appealing party or by the person who presented the witness, and after that, by other persons in that party, and finally, the representatives of the opposite party, and the court.
The witness summoned by the initiative of the court is first interrogated by the prosecution party, then, the defense party, and finally, the court.
Article 341. Interrogation of an under-age witness
Interrogation of an under-age witness, if it is necessary for complete, comprehensive and objective examination of the circumstances of the case, can be conducted by appeal of the parties or by court initiative, in the absence of the defendant. After return to the court room, the testimonies of the under-age witness are publicized for the defendant; the latter is given an opportunity to ask questions to the witness and to testify on the data provided by the witness.
A witness under sixteen years of age must be taken from the court room after the interrogation, except those cases when the court by appeal of a party or by its own initiative finds it necessary that the witness should be present.
Article 342. Publicizing the testimonies of witness
Publicizing the testimonies of the witness during the inquest, preliminary investigation or the preliminary trial and the reproduction of the audio records of these testimonies during the trial is allowed when the witness is absent from the trial for reasons which rule out the possibility of his presence, when there are essential discrepancies between these testimonies and the ones the witness gave in court, and in other cases envisaged in this Code.
The reproduction of audio records of the testimonies of the witness is possible only after publicizing the interrogation protocol or the court trial protocol where his testimonies are recorded.
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: