Criminal Justice in Armenia in 2024
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How is confrontation carried out in Armenia?
There are cases when, while considering the testimony of two persons regarding the same incident, it is evident that they significantly vary. To overcome these distinctions and comprehend the real crime scene,the Armenian legislation stipulates confrontation (as a separate investigative action).Unlike interrogation, during a confrontation, persons are questioned simultaneously.
As evidenced by judicial practice, confrontation is more crucial than merely clarifying the reasons for the discrepancy between conflicting testimonies. In fact, during the preliminary investigation, only confrontation enables the enforcement officer to open a chance for a person to challenge the testimony against them. In other words, confrontation is a means to ensure the accused person’s right to defense during the preliminary investigation. This shows that enforcement officers must carry out a confrontation even when the accused uses their right not to testify.
Key takeaways
Confrontation is the simultaneous questioning of two pre-interviewed persons whose testimony contains significant contradictions.
How is identification carried out in Armenia?
It has been scientifically substantiated that human visual perception works with an average accuracy of 89.96% in identifying or confirming the objects’ identity. This can also be attributed to the significant efficacyof identification for obtaining evidence within a criminal case. Identification is the process of presenting specific objects to the perception of the arrested, accused, victim, or witness for identifying the said objects. The following items can serve as identification objects:
a person,
an item,
a document,
an animal,
a dead body.
Before commencing the identification, the investigator interrogates the identifying individual to ascertain the circumstances under which they observed the person or object (including lighting and weather conditions, duration, and emotional state of the identifying person). Additionally, the investigator seeks information regarding specific characteristics and distinguishing features pertinent to the identification (such as clothing, hairstyle, hair color, scars, tattoos, damaged parts of the object, etc.). To ensure the identification’s credibility, the person or object must be presented to the identifying individual by a minimum of three other individuals and objects of the same gender, closely resembling in appearance. Naturally, these requirements do not extend to identifying a deceased body; in such instances, it may not always be possible to adhere to these requirements.
Key takeaways
Identification is the presentation of that person or object to the perception of an arrested person, accused, victim or witness in order to establish the identity or identity of a certain person or object (object, document, animal, dead body).
Procedure for performing other investigative actions in Armenia
Although interrogation, confrontation, and identification are commonly employed and highly effective investigative measures, it is crucial to acknowledge the significance of other investigative actions: their relevance cannot be overlooked in certain cases.It is imperative to highlight that these investigative actions are characterized not only by their high level of effectiveness but also by the requirement for the preliminary investigation body to take utmost care, ensuring the psychological liberty for the arrested, accused, victim, and witnesses. It is vital to accurately convey the information they provide.
Let us now discuss other investigative actions, providing a concise description for each.
On-site verification of a testimony
Often, as a result of interrogation, it turns out that the interrogated person was at the crime scene. Moreover, he committed specific actions that are directly related to the crime. Furthermore, it may emerge that they engaged in specific actions directly connected to the crime. In such circumstances, the reconstruction of the actual events helps the investigator verify the existing evidence’s reliability and highlights aspects that may have been overlooked during the interrogation. Based on the tasks mentioned above, the investigator, the interrogated person, and others assisting in the investigation head out to the crime scene. At the scene, the interrogated person is required to carry out the following actions:
Identifies the specific location where the events took place within their presence, according to their testimony.
If possible, reenacts the actions described by them or demonstrates how to carry them out.
Indicates evidence, objects, or documents that may be relevant to the case.
There are instances when, upon verifying the testimony on-site, the investigator identifies the need for additional interrogation. This need arises when discrepancies emerge between the initially described actions and the interrogated person's actions or the facts they described during the on-site verification.
Key takeaways
Testimony on the spot is the clarification of the testimony by a previously interrogated arrested person, accused, victim or witness at the place where the events described in that testimony took place.
View of evidence
A view of evidence entails a visual examination, during which relevant circumstances, traces, and objects are discovered, which may be crucial for solving a crime. The following are subject to viewing:
An apartment: a view is carried out solely by a court warrant, except when the apartment is the crime scene, in which case a court warrant is not required.
A location, a building, an object, a vehicle: if possible, the viewing should be carried out in the owner’s presence.
A dead body of a human or an animal: the viewing is carried out in the presence of a medical specialist.
Website, digital data: first of all, the investigator should electronically copy them and, if necessary, make hard copies.
Key takeaways
View of evidence is the visual examination of a location, building, vehicle, object, document content, animal, human or animal corpse in order to find out circumstances important for the proceedings, traces of an alleged crime, other material objects.
Inspection
While inspection also involves a visual examination, it differs from the view of evidence as it pertains to the examination of individuals, precisely an arrested person, an accused individual, a victim, or a witness. This action aims to identify on the bodies of the mentioned individuals any traces and indications (such as scars, bruises, tattoos, bleeding, scratches, etc.) that are relevant to the crime and could solve it. If a forensic medical examination is not required, typically, an investigator carries out the inspection. There is an exception in cases where the inspection involves undressing, and the investigator is of the opposite sex. In such instances, the investigative action is performed by a medical specialist.
Key takeaways
Inspection is a visual examination of the body of an arrested person, accused, victim or witness to determine the presence of traces or special signs of a crime.
A crime re-enactment
A crime re-enactment, unlike other investigative actions, is for validating rather than identifying information about the crime. Indeed, during a crime re-enactment, the investigator recreates specific scenarios to address whether certain events or phenomena occurred, as described in the testimonies. Indeed, it is not uncommon for crime re-enactments to be conducted to evaluate existing evidence and test hypotheses. This is especially true when the investigator lacks conclusive evidence and attempts to identify potential sources of evidence by formulating and testing hypotheses.
Re-enactments are carried out under conditions that closely resemble the actual event, ensuring that the information obtained through verification is reliable and accurately reflects reality. During this investigative action, it is imperative to adhere not only to safety regulations but also to refrain from any actions that could jeopardize the life, health, honor, and dignity of an individual participating in the re-enactment.
Key takeaways
Re-enactment is the performance of experiments and other research activities for the purpose of verifying any circumstance relevant to the proceedings.
Inquiry for information
While the 21st century is marked by significant freedom and access to information, another challenge arises - safeguarding personal data protection. Based on this, and considering that solving crimes very often necessitates access to nonpublic information, the investigators were given the power to inquire for and receive relevant information from various authorities.
Although it is generally mandatory for the investigator's inquiry to be complied with, there are exceptions wherein the recipient of the inquiry has the right to withhold information, namely:
when the required information is a secret protected under law (e.g., a media operator or journalist refusing to disclose their information source, bank secrecy, etc.),
when specific documents, objects, or other materials are inquired for,
when a person reasonably believes that providing such information may be used or interpreted to the detriment of themselves, their spouse, or a close relative.
Key takeaways
A request for information is a written request of the investigator to the state or local self-government bodies, legal entity or any other organization possessing information about the circumstances important for the proceedings.
Seizure of items or documents
When solving a crime, the effectiveness of competent authorities, investigators, and interrogators is not the sole consideration. It is also recognized that individuals connected to the crime, in various capacities, may attempt to cooperate with law enforcement authorities. It is also contingent upon the willingness of individuals who are invested in restoring justice to assist officials to the best of their abilities. In this regard, Armenia provides for a distinct investigative action wherein individuals voluntarily submit objects or documents to the investigator that may, in any way, aid in resolving the crime or are directly linked to the crime. When providing objects or documents, the person is solely obliged to disclose how they were acquired. Subsequently, the investigator enters them in the case file and returns them to the individual, depending on the case’s outcome.
Search
A significant part of the evidence needed to solve a crime is obtained as a result of search operations. These operations are conducted as part of a “search”, an investigative action to discover crucial evidence such as objects, materials, documents, or information essential for solving the crime. Additionally, a search is employed to locate an accused person in hiding, a dead body, or property subject to seizure. Based on the anticipated findings during a search, the Armenian legislator in Armenia has identified three types of searches:
A search of an apartment, site, buildings, and structures:a search commences once the investigator presents a search warrant to the property’s rightful owner or their representative. In the absence of these individuals, a representative from the local administration can act as a substitute. Notably, the investigator has the right to force open closed apartments and buildings, even if the persons concerned refuse to open them willingly.
If the search is conducted in the accused’s apartment, they must be present during the search unless there are reasonable suspicions that their presence may disrupt the search process and result in the destruction or damage of material evidence that was expected to be discovered.
For safety reasons, the investigator may prohibit entry and exit to the premises under the search. Furthermore, during the search, they are entitled to prohibit individuals present from communicating with others until the search is concluded.
2. Digital search: the investigator searches electronic devices or media for information crucial for solving a crime. If such information is discovered, it is copied to another data carrier and entered into the case file.
3. Personal search: carried out if the investigator has sufficient grounds to believe that objects, materials, or documents related to the crime can be found in the clothes or belongings of the person, as well as on their body. Before commencing the search, the investigator must present the person with a copy of the search warrant.
However, there are instances where the investigator or inquiry officer is authorized to carry out a search without a warrant:
When a suspect or accused individual is detained for transporting to the competent authority, conducting a personal search becomes necessary.
When searching an apartment or any other location, if there is a reasonable belief that any individuals present may possess objects, materials, or documents relevant to the purpose of the search.
It is crucial that during the search, the investigator is obliged to take all measures to prevent damage to the subject of the search.
Strip searches are conducted only by an investigator or an inquiryofficer of the same gender.
Key takeaways
A search is a operation performed in order to find objects, materials, documents or data important for the proceedings, as well as the accused who is hiding from the investigation, the property subject to prohibition or a dead body.
Confiscation
Confiscation is an investigative action in which the investigator, on their initiative, seizes objects, materials, and documents (crucial to the resolution of a crime) located in a specific place or the possession of a particular individual. If correspondence or other form of communication containing ank or other secrets protected by law is to be seized, such seizure is permitted only if these materials relate to:
an individual for whom there is evidence indicating their alleged involvement in a crime,
the accused,
an individual reasonably presumed to have regular contact or the ability to communicate with the persons mentioned above.
an organization that is reasonably suspected of having its activities directed, controlled, or influenced by the individuals mentioned in paragraphs 1-2.
It is important to note that even in the case of a seizure, this action can only commence after providing a copy of the warrant to the person who possesses the object.
Disinterment
Disinterment is the procedure of exhuming the burial site of a deceased individual, performed for the following purposes:
determining the presence of a dead body,
discovering items that were buried with the deceased and are crucial for the investigation,
obtaining samples for a view of evidence, identification, and examination of the dead body and discovered objects,
carrying out an examination.
Given the ethical rules, close relatives of the deceased have the right to challenge the disintermentorder.
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