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
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.