Law of Evidence at Armenia
In Armenia, the law of evidence is governed by a combination of constitutional principles, statutory provisions, and procedural codes that ensure the fairness and integrity of judicial proceedings. These legal frameworks are designed to uphold the rights of individuals and maintain the credibility of the justice system.
🇦🇲 Constitutional Foundations
The Constitution of the Republic of Armenia enshrines several key principles related to evidence in legal proceedings: (Constitution of the Republic of Armenia (1995, as amended 2015) (excerpts related to Fair Trial (Right to a)) (English) | LEGISLATIONLINE)
Right to a Fair Trial: Article 63 guarantees the right to a fair and public hearing within a reasonable time by an independent and impartial court. It also prohibits the use of evidence obtained in violation of basic rights or that undermines the right to a fair trial. (Constitution of the Republic of Armenia (as amended up to December 6, 2015))
Exemption from Testifying: Article 65 states that no one shall be obliged to testify about themselves, their spouse, or close relatives if it is reasonably assumed that such testimony may be used against them in the future. (Constitution of the Republic of Armenia (as amended up to December 6, 2015))
Presumption of Innocence: Article 66 establishes that anyone charged with a crime shall be presumed innocent until proven guilty as prescribed by law, upon a court judgment that has entered into legal force. (Constitution of the Republic of Armenia (as amended up to December 6, 2015))
⚖️ Criminal Procedure Code
The Criminal Procedure Code of Armenia outlines detailed provisions regarding the collection, handling, and evaluation of evidence in criminal cases:
Expert Examinations: Articles 250 to 252 detail the procedures for appointing experts, conducting examinations, and handling expert conclusions. They emphasize the necessity of obtaining clear and reliable expert opinions and provide mechanisms for challenging or supplementing expert findings. (Criminal Procedure Code (Armenia))
Sample Collection: Articles 253 to 255 govern the acquisition of samples from individuals for investigative purposes. These provisions ensure that sample collection is conducted legally and ethically, with respect for the rights of individuals. (Taking of evidence - national proceedings in 'Armenia - Criminal Procedure Code (EN) 1998 (2016)')
🏛️ Civil Procedure Code
In civil matters, the Code of Civil Procedure addresses the presentation and evaluation of evidence:
Burden of Proof: The party making a claim is responsible for proving the facts that support their case.
Types of Evidence: Acceptable forms of evidence include documents, witness testimony, expert opinions, and physical evidence.
Evaluation of Evidence: The court assesses the credibility and relevance of evidence presented, ensuring that decisions are based on reliable and sufficient information.
📜 Criminal Code Provisions
The Criminal Code of Armenia includes specific offenses related to the integrity of evidence:
Refusal to Testify: Article 339 penalizes witnesses or aggrieved persons who refuse to testify without lawful justification. (Criminal Code of the Republic of Armenia of April 18, 2003)
Bribery for False Testimony: Article 340 criminalizes bribing or coercing individuals to provide false testimony, false conclusions, or incorrect translations. (Criminal Code of the Republic of Armenia of April 18, 2003)
Coercion by Judicial Authorities: Article 341 addresses the actions of judges, prosecutors, investigators, or persons in charge of inquiry who force individuals to give false testimony or conclusions. (Criminal Code of the Republic of Armenia of April 18, 2003)
🧾 Key Principles in Armenian Law of Evidence
Legality: Evidence must be obtained in accordance with the law; illegally obtained evidence is inadmissible.
Relevance and Materiality: Only evidence that is pertinent to the case at hand is considered.
Competence: Evidence must be presented by competent individuals and through appropriate legal channels.
Fairness: All parties must have an equal opportunity to present and challenge evidence.
These frameworks collectively ensure that the law of evidence in Armenia upholds the principles of justice, fairness, and the protection of individual rights.
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