The main logic of the package of draft laws "On making additions to the Criminal Procedure Code of the Republic of Armenia", "On making additions to the Criminal Procedure Code of the Republic of Armenia" is to ensure the possibility of remote court hearings through teleconnection. This was stated by Deputy Minister of Internal Affairs Armen Ghazaryan at the regular session of the NA Standing Committee on State and Legal Affairs, convened on May 18. This was reported by the RA NA.
According to the deputy minister, it is proposed to establish a provision in the legislative package, according to which it will be possible to participate in the court session both at the request of the accused and at the initiative of the court.
The purpose of the project is to ensure the protection of public order and health, the protection of the basic rights and freedoms of the participants in the proceedings, the prevention of crimes, as well as the implementation of the judicial investigation in reasonable terms.
Armen Ghazaryan noted that similar experience was also used during the COVID-19 pandemic, when the possibility of remote participation was provided through short-term arrangements. In addition, the precedent law of the European Court of Human Rights has also recorded that participation in kind can be considered acceptable if there are appropriate procedural guarantees.
The draft envisages a number of procedural guarantees to ensure the full participation of the accused and the convicted in the court session. In particular, the participation of the defender is mandatory. He must be present at the location of the accused, in the penitentiary or in the place of detention of the arrested, but he can also participate from the session hall with his petition. It must be guaranteed that all participants in the proceedings can see and hear each other. The accused and the defender must have the opportunity to communicate in a consultative manner. The accused should be able to visually examine the evidence, and the convicted person should be able to familiarize himself with the case materials.
If any of the above-mentioned guarantees cannot be provided, the court session will continue in the general order, without the use of specifics.
Participation by video link will not be carried out even if the accused or the public prosecutor presents a reasoned objection against it, and in the case of a convicted person, the prosecutor or the representative of the institution that carries out the punishment.
The organization of video communication will be carried out by the state with secured and safe means of communication. The technical specifications, criteria and application procedure will be defined by the Government later.
Transitional provisions are also included in the project, according to which, until the end of the year, it is planned to carry out technical re-equipment in places of detention of detainees, in penitentiary institutions and in courtrooms to ensure the full operation of the system.
According to related reporter Alkhas Ghazaryan, at this stage of information technology development, it is possible to apply such solutions that will help reduce the duration of trials. "As you know, long legal proceedings cause a serious problem for us. court sessions are often delayed, organizational difficulties arise, including those related to escorts," he emphasized.
The deputy noted that the project was discussed in detail, including in the committee, and urged his colleagues to vote in favor of the project.
The legislative package received a positive conclusion.
