Forcing Testimony as Corruption Offense

As it was mentioned, to the Order # 82 of the Prosecutor general of the RA, Forcing testimony by the judge, by the prosecutor, by the investigator or by the person in charge of inquiry is classified as a corruption crime. This offence is provided in Article 341 of the Criminal Code of the Republic of Armenia, and is considered as a crime against justice.

The disposition of the Article describes the crime as “forcing the suspect, the accused, the defendant, the aggrieved, the witness or the expert, or the translator, by the judge, the prosecutor, the investigator or person in charge of inquiry, by using extortion or any other illegal action, to make a false testimony, conclusion or translation.”

One of the guarantees of completeness, comprehensiveness, and objectivity of the criminal case is providing testimony on voluntary basis: The threat of forcing testimony is that very often innocent individuals are recognized guilty and the real offenders avoid punishment. However the public danger of forcing testimony is not limited to this circumstance. The law provides responsibility for obtaining testimony illegally. Even when forcing testimony results in obtaining true information and the crime is revealed, the act of forcing testimony is still considered as crime.

While assessing the public hazard of forcing testimony it should be considered that Article 42 of the Constitution of the Republic of Armenia prohibits the use of illegally obtained evidence. Accordingly testimony provided under force do not have evidential value

Source: Iravaban.net

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