Criminal Proceedings Authority Can Arrest Individuals Regardless of Their Intent to Escape

The National Assembly has discussed for the second time the draft law introduced by the members of the 'My Step' faction. If adopted, it effectively allows the criminal proceedings authority to decide to arrest an individual regardless of whether that person intends to flee or not.

The draft law amending the Criminal Procedure Code of the Republic of Armenia was presented at an extraordinary session of the National Assembly by co-author Nikolay Baghdasaryan. He reminded that the project pertains to the proposed amendment to Article 128 of the Criminal Procedure Code.

“The discussion is concerning the institute of arrest. Based on a literal interpretation of the current code, it appears that if a person guilty of a crime does not attempt to flee, then they cannot be arrested. For example, if a person commits murder and they are found at the crime scene, according to the Criminal Procedure Code, it is not permissible to arrest them,” said Baghdasaryan.

After the project's adoption, if an individual commits a crime, regardless of their intent to escape, and if all necessary conditions are met, the criminal proceedings authority has the right to arrest that individual or make a decision regarding their arrest.

Instead of the existing 72 hours, the draft sets the maximum duration of arrest at no more than 36 hours.

Deputy Minister of Justice Armen Hovhannisyan highlighted two main changes in the project: “One is related to removing the purpose of arrest from the concept of arrest. The second significant change addresses the clarification and regulation of two types of arrests, particularly regarding the arrest of the accused who is at liberty and the arrest of the accused violating the conditions of their preventive measure,” he said.