The draft of the new Criminal
Procedure Code of RA submitted to the National Assembly in October has been
presented in the RA Ministry of Justice on November 1st, 2012.

The head of the
Working Group developing the new Criminal Procedure Code Hrayr Ghukasyan
highlighted that the necessity to introduce a new Code is determined by the
amendments of the RA Constitution of 2005 and the obligations of Armenia under
the European Convention on Human Rights and Fundamental Freedoms as well as
other international treaties. 

According to him, while working on
draft, the Working Group took into consideration not only the requirement of
the Constitution in force and binding international treaties but also judicial practice
of the last years.

According to Mr. Ghukasyan, the aim
of the draft is solution of the following issues:

• To ensure the equal protection of the
  public and private interests during the investigation and settlement of the
  criminal cases
• To increase the role and importance
  of the judicial power and courts in  the Criminal
  Justice sector
• To ensure protection of the rights
  and freedoms of individual involved in the criminal procedure system based on
  the well-known principles of the law
• To establish effective mechanisms  ensuring implementation of the fair trial  
• To ensure accountability of the
  officials conducting the investigation, particularly the scope of their
  functions and powers

Hrayr Ghukasyan specified that powers
of the bodies conducting the investigation and bodies implementing the
oversight over the legality of the investigation will we be clearly separated
to eliminate the guidance by the prosecutor conducting the oversight during the
preliminary investigation. The head of the Working Group also stressed out that
the draft introduces a new solution for the issue of keeping material evidence.

Meanwhile, the Administration of RA
President has prepared the analysis of the situation on the preliminary
investigation of criminal cases. Hrayr Ghukasyan told it will be carefully
examined by the Working Group developing the new
Criminal Procedure Code

 By Anna Melikyan