According to the representatives of the government, the present RA Criminal Procedure Code can no longer present comprehensive settlement of the criminal investigation and resolution procedures, within the framework of that process ensure well-balanced protection of public and private interests, and therefore, provide solution of the issues of criminal proceedings and goals.
The need for a new code is conditioned by a series of events in the country’s social and political life over the past 10 years. In 2002 RA, by ratifying the 1950’s Convention for the Protection of Human Rights and Fundamental Freedoms, recognized the competence of the European Court of Human Rights, as a result of which modifications should be made in the country’s international commitments in accordance with the domestic areas, including criminal Justice areas.
At the referendum in November 27, 2005 fundamental changes were made in the country’s basic law system, which essentially touched upon Criminal Justice sector. Inevitable changes and additions were made in accordance with the Code. During the usage of the Code, number of shortcomings and omissions found their identification in the decisions of the Court of Cassation and the RA Constitutional Court.
