The duty of initiation of a criminal proceeding

According to the Article 173 of the RA Criminal Procedure Code the investigator, within his jurisdiction, is obliged to initiate a criminal proceeding if the proper report on the alleged crime has been received

1)    from a natural person,
2)    from a legal entity,
3)    from a state or local self-government body or its official in connection with fulfillment of his activity,
4)    from a body performing operative-intelligence activity, an investigator, a prosecutor or a judge in connection with realization of his authorities.

The reports received from the above-mentioned sources are grounds for initiating criminal proceedings.

The relevant report is considered to be about the alleged crime of it states a case or action or inactivity which can reasonably be given an initial legal assessment of compliance with any act (crime) envisaged by the Criminal Code of the Republic of Armenia.

The information about the alleged crime published in mass media can also be a ground for the investigator to initiate a criminal proceeding.

In accordance with the international right the refusal of a request for the extradition of a person in connection with the alleged crime specified in the request for extradition is a ground to initiate a criminal proceeding.

A criminal proceeding cannot be initiated if the information about the crime has been received from a source not envisaged by this article, among them from an unknown or an undisclosed source.

The reports of the natural persons

The natural person’s direct report about the alleged crime is received by the competent officer of the Police of the Republic of Armenia or other state body with appropriate jurisdiction in order to pass it to the investigator, or directly by the investigator.

The direct report of the natural person is composed in written form in the first person. The report must contain the name, father’s name, surname, date of birth, residence address, signature of the person who has submitted the report, as well as reveal the connection of the natural person with the crime and the source of his information. Materials confirming the relevant fact can be attached to the report.

In case the person, who has submitted a report, has turned 16 he is warned about criminal liability for the false crime reporting which he confirms by his signature. Such warning by signature is made also in the case when the natural person has submitted a written report prepared in advance.

The natural person’s postal report about the alleged crime must be in the form of a letter, electronic letter or other accepted form of reports. The natural person’s postal report must contain sufficient data to identify the natural person who has submitted it, as well as to reveal the natural person’s connection with the crime and the source of his information. If the natural person’s postal report does not correspond to the above-mentioned requirements, the investigator has the right not to initiate a criminal proceeding about which the person, who has submitted the report, is informed in written form.

Materials confirming the relevant fact can be attached to the postal report of the natural person.

The reports of legal entities

The postal report of the legal entity must be in the form of a letter, electronic letter or other accepted form of reports. The report must contain the full name, location of the legal entity, which has submitted the report, as well as reveal the connection of the legal entity with the crime and the source of its information. If the postal report of the legal entity does not correspond to the above-mentioned requirements, the investigator has the right not to initiate a criminal proceeding about which the legal entity, who has submitted the report, is informed in written form.

Materials confirming the relevant fact can be attached to the postal report of the legal entity.

The report of the state or local self-government body or its official

The report of the state or local self-government body or its official must be in the form of an official letter written and duly authenticated on the form, electronic letter or other accepted form of reports. The report must contain the full name and address of the state or local self-government body, which has submitted the report, or the name, surname, position of the relevant official, as well as reveal the activity of the relevant body or official during the implementation of which the fact of the alleged crime has become known to it/him. Materials confirming the relevant fact can be attached to the report.

The report of the body performing operative-intelligence activity, an investigator, a prosecutor or a judge

The report of the body performing operative-intelligence activity, an investigator, a prosecutor or a judge must be in the form of an official letter written and duly authenticated on the form, electronic letter or other accepted form of reports.

The report must contain the full name and address of the body, which has submitted the report, or the name, surname, position of the relevant official, as well as reveal the authority of the relevant body or official during the implementation of which the fact of the alleged crime has become known. Materials confirming the relevant fact can be attached to the report.

The procedure of initiation of a criminal proceeding

In each case of receiving a proper report about the alleged crime the investigator immediately but not later than within 24 hours makes a report on imitating a criminal proceeding, the prosecutor, in accordance with the rules of investigative subordination envisaged by the RA Criminal Procedure Code, forwards it to the head of the competent investigative body to resolve the issue of initiating a criminal proceeding.

While making a report on initiation of a criminal proceeding in relation with each new case the investigator has to take all necessary measures within his jurisdiction, envisaged by the RA Criminal Procedure Code, to prevent or thwart a criminally prosecuted act, to find the person having committed it, as well as to store and preserve the traces of crime or the objects or documents of importance to the criminal proceeding.

Not initiating a criminal proceeding

In case the report does not match the conditions envisaged by the RA Criminal Procedure Code, the investigator does not make a record about initiation of a criminal proceeding and within 24 hours from the moment the report was received, he informs the supervising prosecutor about it in written form mentioning the basis for not initiating a criminal proceeding.

Within 24 hours after being informed about not initiating a criminal proceeding, the supervising prosecutor confirms it or assigns the investigator to initiate a criminal proceeding and start preliminary investigation.

The investigator immediately informs the person, who has submitted the report, about not initiating a criminal proceeding and confirmation by the prosecutor supervising its legality, specifying the basis for not initiating a criminal proceeding, as well as clarifying the procedure and deadlines for appealing the refusal to initiate a criminal proceeding.