Open AccessElectronic segment in criminal procedural legislation of Armenia
Author(s) -
Inha Kalancha
Publication year - 2020
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2020-1-205-210
Subject(s) - suspect , interrogation , phone , criminal investigation , legislation , computer science , computer security , criminal procedure , electronic media , process (computing) , telecommunications , multimedia , law , political science , philosophy , linguistics , operating system
The article deals with the study of electronic segment in the criminal procedural law in Armenia. It proves the use of specialized electronic tools and information systems within the framework of criminal process in Armenia. Among them: a special computer system for recording, archiving data and protecting the system; technical means for controlling and intercepting telephone and other types of communications. The author identifies a number of non-specialized electronic tools applied in criminal proceedings, in particular: audio-visual, video recording, electronic or telegraph technical means; electronic media; means of communication; computer; phone; technical means, etc. The paper also presents the requirements for electronic recording of individual investigative ac-tions carried out by means of photographic work, audio-recording, video-recording, filming. Criminal-Procedural Code of Armenia separately specifies the requirements for electronic recording of interrogation, examination, exhumation, witnessing, person identification by a photograph, submitting a corpse for identi-fication, search, mail monitoring, telegrams and other means of communication, inspection and withdrawal of correspondence, wiretapping of telephone conversations, investigatory experiment, obtaining samples for carrying out expert research. The study focuses on the right of the suspect immediately after his / her deten-tion to notify of his / her whereabouts and the reasons for his / her detention using phone or other means of communication. However, it is possible to delay the effectuation of this right for up to 12 hours, if there is a reasonable assumption that immediate exercise of this right may obstruct crime prevention or will result in destroying or damaging the evidence. Moreover, petition for permission to apply measures of procedural coercion may be sent to the court and supervising prosecutor in electronic format. Procedural actions within criminal proceedings in Armenia are recorded in electronic format through the prism of the procedural action protocol. The hearing is accompanied by electronic recording of its progress and results. Electronic communication is also employed in terms of international cooperation.