Քննիչի հարցաքննությունը որպես պաշտպանության իրավունքի բաղադրատարր / Interrogation of an Investigator as a Component of the Right to Defense

The new Criminal Procedure Code of the Republic of Armenia (hereinafter referred to as the Code) has provided a fairly wide range of tools for building the defense of the accused, some of which are new in nature and establish diametrically opposed structures than previous legal norms. One of these innovative institutions is the interrogation of an official who has received evidence in court. By this decree, the legislator put an end to numerous disputes that arose in theory and in practice about whether the interrogation of an official who obtained evidence was allowed. The Code allows the interrogation of an investigator as a witness only if the admissibility or reliability of the material evidence obtained by him, the protocol of the committed evidentiary or other procedural action, or an extrajudicial document is disputed, and the interrogation is necessary to clarify existing issues about the admissibility or reliability of evidence to the participants in the proceedings or the court.: Failure to comply with this procedural procedure can create an extremely unfavorable situation for the prosecution, given the fact that in the event of an obvious violation of the procedure for obtaining or recording evidence, this evidence cannot be used without questioning the person who received or compiled it.