Constitutional Rules Of Admissibility Of Criminal Evidence

The article discusses the constitutional-legal and criminal procedure bases of admissibility of evidence. The author notes that several groups of evidence admissibility norms are fixed in the Constitution of RA. The first refers to the existence of the authority provided by the law to obtain evidence by an official (Part 1 of Article 6 of the Constitution of the Republic of Armenia), the second refers to the evidence obtained in violation of basic rights or the right to a fair trial (Part 3 of Article 63 of the Constitution of the Republic of Armenia). The evidence obtained in violation of the rules of investigative subordination is considered in the context of the violation of Article 6, Part 1 of the Constitution of RA, because the rules of investigative subordination are, in fact, provisions that give the investigator the authority to collect evidence (conduct a preliminary investigation) in a given proceeding. The wording "The proceeding (case) is subject to the investigator of the investigative body" is similar to the wording "the investigator of the investigative body is authorized to conduct a preliminary investigation in the given proceeding." From the point of view of Article 63, Part 3 of the Constitution of RA, the violation of the right to a fair trial should not be equated with any violation of the right to a fair trial. Violations of the right to a fair trial are high-intensity interference or widespread violations.