Specificities Of Change Of Court's Charge Within The Context Of The Code Of The New Criminal Trial Process

The article is devoted to the procedure of the change of court’s charge defined by the past and present codes of the criminal trial process of the Republic of Armenia. It discusses their positive and negative sides and subjects them to comparative analysis. Within the scope of the article diverse approaches to the change with deteriorative consequence of the court’s charge to an individual of the new criminal trial institute, correlation of the institute and competition principle as well as court function are outlined, by discussing the consequences of its absence in the frameworks of the authorities of the body realising jurisprudence. Admiting the juridical evaluation of the importance of the jurisdiction and time-dictated necessity of the change of court's charge including the one with aggravating consequence, its court trial implementation procedure, consolidation manner are discussed within the work. Introduction of certain adjustments to it are substantiated, on the basis of which the author suggests to make modifications within Article 344 of the Code of Criminal Trial Process of the RA.

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Publication Details

Journal
Օրինականություն / Legality
Published
2024-12-20
DOI
https://doi.org/10.59821/18294219-2024.2-epdk06
Primary Topic
European and International Law Studies
Type
article
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article

Specificities Of Change Of Court's Charge Within The Context Of The Code Of The New Criminal Trial Process

Еdgar Poghosyan
Օրինականություն / Legality
European and International Law Studies
article

Specificities Of Change Of Court's Charge Within The Context Of The Code Of The New Criminal Trial Process

Еdgar Poghosyan
article en

Abstract

The article is devoted to the procedure of the change of court’s charge defined by the past and present codes of the criminal trial process of the Republic of Armenia. It discusses their positive and negative sides and subjects them to comparative analysis. Within the scope of the article diverse approaches to the change with deteriorative consequence of the court’s charge to an individual of the new criminal trial institute, correlation of the institute and competition principle as well as court function are outlined, by discussing the consequences of its absence in the frameworks of the authorities of the body realising jurisprudence. Admiting the juridical evaluation of the importance of the jurisdiction and time-dictated necessity of the change of court's charge including the one with aggravating consequence, its court trial implementation procedure, consolidation manner are discussed within the work. Introduction of certain adjustments to it are substantiated, on the basis of which the author suggests to make modifications within Article 344 of the Code of Criminal Trial Process of the RA.

Օրինականություն / Legality
Openalex Percentile: Top 51%
European and International Law Studies
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Specificities Of Change Of Court's Charge Within The Context Of The Code Of The New Criminal Trial Process — Еdgar Poghosyan · Օրինականություն / Legality (2024) | TGRS Research Map | TGRS