The suspect and the accused in the criminal procedure are considered as defense parties and have a number of procedural rights.
Pursuant to Article 62 of the Criminal Procedure Code of the RA, the suspect is the person detained upon the suspicion in committing a crime: or with regard to whom a resolution on the selection of precautionary measure is adopted.
The body of criminal prosecution is not entitled to keep the person in detention as a suspect over 72 hours, and as for implementation of precautionary measures over 7 days from the moment of declaration to the suspect the resolution on the selection of precautionary measures. Prior to the expiration of the time limits, the body of criminal prosecution is obligated to release the suspect from imprisonment and to cancel the precautionary measure selected in respect to him/her or to issue resolution on bringing him/her to trial as the accused.
Pursuant to Article 64 of the Criminal Procedure Code of the RA, the accused is the person with respect to whom a resolution has been passed on bringing him/her to trial as the accused.
The right to defense of the suspect and the accused and guarantees for this right are provided in Article 19 of the Code which provides that every suspect and the accused has the right to defense.
The body conducting the criminal proceedings is obligated to explain to the suspect and the accused their rights and provide them with actual possibility to defend themselves against the charges by all means not prohibited by law. The body conducting the criminal proceedings is obligated to ensure that the legal representative of the suspect or the accused takes part in the case. The suspect and the accused are entitled to defend themselves against the charges either in person or through the legal assistance of a defense attorney and legal representative. Participation of the defense attorney and the legal representative in the criminal proceedings shall not restrict the rights of the suspect and the accused. The suspect and the accused cannot be forced to testify, submit any materials to the bodies of criminal prosecution, or provide any assistance to them.
