Functions
Activities of the Prosecution Office of the Republic of Armenia
The RA Prosecutor's Office acts based on the RA Law “On Prosecutor's Office, in the frame of its authorities prescribed by the RA Constitution”.
According to the article 3 of the RA Law “On Prosecutor's Office” the mission of the RA Prosecutor's Office is the following:
- To protect the rights and legal interests of citizens, legal entities and the State from criminal infringement;
- To protect the constitutional order, public order and security of the State from criminal infringement;
- To take measures to strengthen the Legality; ensure Law-application; disclose and eliminate crime reasons and the conditions assisting to their implementation.
To resolve the above-mentioned problems the RA Prosecutor's Office, according to the article 103 of the RA Constitution, is to:
1. Initiate criminal prosecution, including criminal case, as prescribed by Law
The Prosecutor initiates the criminal prosecution based on:
- Materials prepared by him/herself;
- Petitions presented by Courts;
- Materials prepared by a Inquiry Body or an Investigator
The Prosecutor's Office, in all cases, is obliged to check the reports and information on crimes and, if sufficient bases are presented, to initiate criminal prosecution. According to the Decree of the RA Prosecutor General N 12, dated May 10’ 2000, concerning “Organization of the RA Prosecutor's Bodies’ activities on struggle against crime”, prosecutor is obliged to “be attentive to the cases of implementation of criminal prosecution towards official persons, irrespective of their position and the social status, should the sufficient evidences present and show that the crime has been committed”.
The Prosecutor is obliged to verify him/herself the truthfulness of statements about crimes, provided by physical persons and legal entities, as well as mass media reports about crimes, or to authorize the verification to a Inquiry Body.
In the absence of bases for initiation of a criminal prosecution, and according to other bases prescribed by Law, Prosecutor denies the initiation of criminal prosecution. This action can be appealed to the superior prosecutor or to the Court.
2. Control over the Legality of Preliminary Investigation and Inquiry
The prosecutorial control over the legality of preliminary investigation and inquiry includes total pre-trial stage of the criminal proceedings. The reason is to prevent the cases when an innocent person is suspected in the crime, is accused or sentenced; when a person is illegally or without any necessity is subjected to the measures of compulsion or to the other limitations of rights and freedoms; and to disclose any person committed a crime.
While implementing prosecutorial control over the legality of preliminary investigation and inquiry, Prosecutor shall be guided also by the requirements of the RA Prosecutor General’s Decree N 13, dated May 10’ 2000, concerning “Organization and implementation of prosecutorial control over the legality of preliminary investigation and inquiry and measure of raising its productivity”. The Decree prescribes more detailed information on types and means for organization and implementation of prosecutorial control over the legality of preliminary investigation and inquiry.
3. Support the Prosecution on Criminal Cases in Courts
The burden of proof in the court-trial on criminal cases is on the Prosecutor and his/her presence on the trial is obligatory. The Prosecutor in a trial is a prosecuting attorney supporting the prosecution in the Court.
4. Present State Interests' Protection Suits to the Court
In case of violation of State property interests (hereinafter interests) a Prosecutor or other respective state body or official person, authorized by the Prosecutor, shall bring an action (suit) to a Court.
Before bringing an action on protection of State interest, the Prosecutor has a right to warn the respective authorities and officials about bringing an action, and to require reimbursing of damages, as it prescribed by the Law.
Preparing the materials for bringing an action on protection of State interest, the Prosecutor, according to the article 27 of the RA Law “On Prosecutor's Office”, has the right to:
- Require normative and other acts, documents from the state or local self-governing bodies;
- Receive explanations from official persons of state or local self-governing bodies, and clarifications from citizens;
- Make a checking, in case of necessity, in state or local self-governing bodies and/or in their structural sub-divisions, to detect the circumstances, concerning the violations of State interests, mentioned in the statements;
- Propose to Heads of state bodies and organizations to make a checking, professional expertise and to present explanations;
- Make a checking in state or local self-governing bodies and/or in their structural sub-divisions and to require making an expertise.
5. Appeal the Acts, Verdicts, Sentences or the Decisions of the Court
A Prosecutor is obliged to appeal a Verdict, Sentence or a Decision of a Court, should they be:
- Illegal; or
- Not well grounded;
The burden of appeal of illegal and not grounded Verdicts and Sentences of the First Instance Court on criminal cases is on the Prosecutor acting as a prosecuting attorney, supporting the prosecution in the given court-trial. For this purpose, according to the Decree of the RA Prosecutor General N 14, dated May 10’ 2000, the Prosecutor carries personal liability for in-time and qualitative checking of the legality and grounds of the First Instance Court’ Sentence on the case, during which he was supporting the prosecution.
Should the bases to appeal the Sentence to the Court of the Cassation present, and should this Sentence be already entered into force, the Prosecutor has to turn to the RA Prosecutor General or to the respective Deputy Prosecutor General, with an appropriate petition.
6. Supervise over the Implementation of Punishment and other Means of Enforcement Measures
Prosecutor, implementing these authorities, has a right to:
- Attend, any time and without any limitations, the places where punishments and other means of enforcement measures are implementing;
- Be acquainted with the documents which are the grounds for detention, arrest, sentence or for subjecting a person to the enforcement measures,
- Check, whether or not the rulings, indications and decisions of the administration of the bodies implementing punishments and other means of enforcement measures comply with the acting legislation; to suspend and abolish implementation of the acts, which are in conflict with the Law; to require explanation concerning these act from appropriate authorities;
- Interrogate the detained, arrested and sentenced, and others who are subjected to compulsory medical treatment and to judiciary enforcement measures of upbringing purpose;
- Abolish unlawful disciplinary penalties assigned to the persons arrested or kept in the places of deprivation of freedom; to release these persons from disciplinary and penal isolators by his/her order.
Decisions and requirements of the Prosecutor, concerning the implementation of methods and conditions prescribed by Law for keeping detained, arrested, deprived of freedom and others, who were subjected to other means of punishment, are to be performed by the authorities of appropriate institutions.
According to the RA Prosecutor General’s Decree N 18, dated May 10’ 2000, concerning “Organization and implementation of prosecutorial control over application of punishments and other means of enforcement and measures of raising productivity of the application”, it was assigned to draft an action plan for organization of prosecutorial control and raising its implementation productivity in the sphere of application of punishments and other means of enforcement.
Prosecution Bodies are independent while acting in the framework of their authorities. Any influence on a Prosecutor to issue an illegal decision, as well as any sign of interference in the affairs of the Prosecutor's Office, carries a liability prescribed by the article 6 of the RA Law “On Prosecutor's Office”.
A Prosecutor and an Investigator are not obliged to give explanations concerning the cases in their diaries. They are acting publicly until it conflicts with the rights, freedoms and legal interests of a person or a citizen, as well as with the principle of the state secrets maintenance.
Article 5 of the RA Law “On Prosecutor's Office” provides that employees of the RA Prosecutor's Office can not be a member to any political party, can not have other State positions or perform other paid work, besides scientific, educative and creative activities.
Prosecutor’s requirements that derive from his/her authority are to be performed. Moreover he/she can participate in the meetings of the territorial governing bodies and of local self-governing bodies.
Prosecutor General
The Prosecutor General is to coordinate the Bodies of the Prosecutor's Office. He/she is superior to a Province Prosecutor, Yerevan City Prosecutor, Yerevan City Districts Prosecutors, as well as to the Military Prosecutor and Military Units’ Prosecutors.
According to the article 11 of the RA Law “On Prosecutor's Office”, the orders, decrees and indications of the Prosecutor General are obligatory for all employees of the Prosecutor'sOffice.
The Prosecutor General is to perform the division of duties between his/her Deputies, to define organizational structure and number of positions at the structural sub-divisions of the Prosecutor's Office, as well as to define the method of preparing and presenting reports, and the procedure of the attestation of investigators.
The RA Prosecutor General Heads the Collegium of the RA Prosecutor's Office as well as the Scientific-Methodical Council, acting attached to him/her.
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