BY NEW LAW "ON PROSECUTOR'S OFFICE" IT WILL BE DEPRIVED OF<br /> FUNCTION TO CARRY OUT INVESTIGATION AND WILL CEASE TO BE A<br /> CENTRALIZED SYSTEM<br /> FUNCTION TO CARRY OUT INVESTIGATION AND WILL CEASE TO BE A
CENTRALIZED SYSTEM
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BY NEW LAW "ON PROSECUTOR'S OFFICE" IT WILL BE DEPRIVED OF
FUNCTION TO CARRY OUT INVESTIGATION AND WILL CEASE TO BE A
CENTRALIZED SYSTEM

  • 03-05-2007 19:30:00   | Armenia  |  Social
YEREVAN, MAY 3, NOYAN TAPAN. The amendments made into RA law "On Prosecutor's Office" can essentially reduce corruption risks in the very system of prosecutor's office. Gevorg Danielian, RA Deputy Prosecutor General, said at the May 2 discussion convened by the Femida NGO. The new law "On Prosecutor's Office" has come into force from May 1, but for using it completely 50 legal normative acts, including amendments to the Code of Criminal Procedure, should be adopted. Part of the law will come into force from June 1, another part from December 1 and the law will come into force completely from January 1, 2008. The main amendment envisaged by the law is that the investigation apparatus will come out of the system of prosecutor's office. The prosecutor's office will not carry out investigation any longer starting December 1, 2007. Renouncing the function of investigation, in G. Danielian's words, has the goal to strengthen for even more control over investigation and preliminary investigation. The new law "On Prosecutor's Office" precisely stipulates that criminal prosecution is the exclusive right of the prosecutor, that is, accusation is brought only by the prosecutor. The very prosecutor also controls investigation and preliminary investigation, then defends prosecution in the court. This new principle is already tested in various communities of Armenia and from Jaunary 1, 2007 the principle of "the same prosecutor" works in all bodies of Armenia's prosecutor's office. The law also envisages to make a change in the process of protection of state interests carried out by prosecutor's office. Henceforth RA will be represented by the prosecutor's office at arbitrations by property disputes. According to the law, prosecutor's office ceases to be a centralized system: henceforth the higher prosecutor can give instructions only to the prosecutor being immediately under his subordination, the latter can not fulfil them if they are illegal or ungrounded. At that, the prosecutor can appeal against the instructions of the higher prosecutor and he is just obliged to appeal against illegal instructions. By the law essential changes were made in the issue of cadre appointments in the system: RA prosecutor general is elected by NA by presentation of RA President, and deputy prosecutor general is appointed by RA President from candidates offered by RA prosecutor general. The power to dismiss prosecutors from their posts is not reserved for RA prosecutor general any longer. Prosecutors can be dismissed and new candidates can be appointed only on the basis of conclusions of ethics and qualification commissions working in the system of prosecutor's office.
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