The deputy of the NA Civil Contract faction Arpine Davoyan proposes to complete the Article 181 of the RA Criminal Procedure Code by 8.1: “In exceptional cases to ensure the perfect and comprehensive examination of the criminal procedure the Prosecutor General is authorized to change the rules of the investigative subordination of the criminal procedure prescribed by this Code by his/her decision, if the criminal procedure is connected by factual circumstances of the criminal procedure with the criminal procedure being investigated in the procedure of another body of the pre-examination or the procedure was initiated with the features of the crime subject to the supposed investigative body disclosed during the pre-examination being carried out nu pre-examination one body investigator, however with the factual circumstances is connected with the procedure subject to the investigator initiated the procedure or it is joined to that procedure on the same basis.”
According to the author, the abovementioned wording is a result of the joint debates with the colleagues of the Government and the proposal presented by them during that period.
Arpine Davoyan spoke about the necessity of amending the Code. According to her, there are cases, when for a long time in a multi-part criminal proceeding involving various schemes being examined in the RA Investigative Committee corruption crimes can also be disclosed, related to which new criminal proceeding will be initiated. “In such situation, according to existing regulations, two versions can be. The first, the initiated new proceeding, according to investigative subordination, can be sent to the RA Anti-Corruption Committee and be investigated there or the mentioned proceedings can be joined in one proceeding and the abovementioned proceeding should be sent to the Anti-Corruption Committee for carrying out further pre-examination. Meanwhile, in the created situation it is necessary to take into consideration the fact that the disclosed corruption crime has already preceding crime is in the basis, by which criminal proceeding was initiated already in the Investigative Committee, a lot of work done.” In this context Arpine Davoyan underscored that in the case of criminal proceedings, in combining proceedings more the combined criminal proceeding to other investigative body for carrying out further pre-examination cannot stem from the interests of the examination.
The rapporteur noted that as a result amendment, the RA Prosecutor General, being a person bearing responsibility for the legality of the pre-trial proceedings, should be with sufficient toolkit.
The co-rapporteur, the deputy Trdat Sargsyan urged his colleagues to endorse the initiative.
The RA Deputy Minister of Justice Armenuhi Harutyunyan presented the positive position of the Government.
The initiative was debated in the first reading at May 17 sitting of the Standing Committee on State and Legal Affairs and was endorsed.
The debate of the package of bills on Making Addenda and Amendments to the law on State Duty and on Making Addend and Amendments to the Civil Procedure Code of the Republic of Armenia was postponed up to two-month term by the author’s proposal.