Problems Related To Detention On The Grounds Of Reasonable Suspicion (Doubt) Of Commitment Of A Crime

The article discusses some issues related to the grounds, procedural order and features of arresting a person in the presence of a reasonable suspicion (doubt) of having committed a crime, in particular, the absolute possibility of arresting a person on that basis before initiating criminal proceedings. The principle of in flangranti delicto (catch a person at the moment of committing the alleged crime) was also discussed, as a result, the author came to the conclusion that the current Code of Criminal Procedure of the Republic of Armenia defines a wider range of cases of existence of reasonable suspicion than it is the very essence of the the given legal principle. The established practice is also analyzed, according to which the police inquiry has the exclusive authority, arresting a person on the grounds of immediately arising reasonable suspicion. The cases requiring a procedural solution are also discussed, when the investigative body which conducts the pre-trial proceeding, with the help of police investigation, carries out any evidentiary action and discovers material or other evidence related to the alleged crime that is the subject of the given proceedings. The author concludes that, in the conditions of the developed practice, perhaps the only solution is to provide a new ground for detention․