By the order of the Chairman of the Investigative Committee, a working group to ensure the implementation of the new RA Criminal and Criminal Procedure Codes was set up. Ms Anush Gasparyan, Head of the Legal Department of the Investigative Committee, First Class Councilor Justice, mentions this within the framework of series of interviews “The Investigator Presents” of Iravaban.net.
According to her, the department carries out additional awareness-raising activities and discussions on the application of certain norms. We also talked to Anush Gasparyan about the work of the investigator and the complications of the pre-trial proceedings as well as the difficulties of holding a managerial position.
– Ms. Gasparyan, what are the main functions of the Department at the Investigative Committee that you head?
– First of all, I would like to thank you for the opportunity of the interview, welcoming this initiative of the Investigative Committee, in particular, to inform the public about the work of the investigator, which has a rather successful format.
I would like to note that the Legal Department carries out its main statutory functions, from the many and varied directions of which the drafting of legislative acts related to the activities of the Committee, the preparation of orders of the Chairman of the Investigative Committee, Deputy-Chairmen, instructions, legal expertise of draft legal acts and legal expertise, providing a conclusion, submitting proposals aimed at improving the legislation and improving the activity of the structure based on the analysis of legislative acts and legal practice related to the activities of the preliminary investigation body, representing the interests of the Investigative Committee in courts, state and local self-government bodies, representation in other domestic organizations and many other procedural work of a legal nature, which become the core of the main activity of our department.
– What are your plans for organizing the activities of the Legal Department in the near future?
– There are many of them, which are outlined in various legal documents, as well as in the provisions of the main strategy for organizing the work of the legal department. Among our various programs, of course, at present the priority is the actions aimed at ensuring the implementation of the new RA Criminal and Criminal Procedure Codes and the organization of works aimed at the proper implementation of the mentioned process.
To be more specific, I must mention that one of our priorities in this direction is to study the existing legal regulations and peculiarities in order to ensure the proper implementation of the mentioned new codes and to provide clarifications to the subdivisions of the Investigative Committee conducting pre-trial proceedings.
I should also emphasize that in our main action plan we have given an important place to the development of a package of proposals on new codes, which proposed changes and additions to these legal acts, a number of norms that may cause complications in law enforcement practice.
It is also planned to complete the development of guidelines in the near future, which will help to modernize the methods of organizing the work of investigators.
At the same time, I consider it necessary to state that among the program priorities of the Legal Department are the provision of proper professional assistance to the current work of the structural subdivisions of the Investigative Committee, the continuous improvement and modernization of the work required within the functions of the legal subdivision, application of approaches in various areas of the structure.
– Being the head of the legal department of the structure, which is mostly composed of lawyers, do you think that the activity of the given department becomes easier in the “huge army” of lawyers, or are there any peculiarities?
– Of course, there are peculiarities, which are mainly aimed at improving the legislation and law enforcement activities.
It is obvious that the Investigative Committee, carrying out the main task set before it by the Constitution, that is, the organization and implementation of pre-trial criminal proceedings in cases and in accordance with the law, is mainly limited to law enforcement activities, and the peculiarity of the Legal Department is that together with various legal acts, identify certain problems in the existing legal acts and present relevant well grounded proposals on their correction and improvement.
I must state that the work of other structural subdivisions with a huge army of lawyers and the Legal Department are more complementary, ranging from law enforcement to analysis, expertise and improvement of various legal acts, and support each other to ensure the most effective work of the Investigative Committee.
– As you mentioned, the new RA Criminal and Criminal Procedure Codes will enter into force soon, and it seems that preparatory works have started in the Investigative Committee. At what stage are these works?
– I should mention that this work in the Investigative Committee was launched at the beginning of the year; a working group was set up by the order of the Chairman of the Investigative Committee to ensure the implementation of the new codes.
And as I already mentioned in my speech, those works are carried out on a daily schedule: from preparatory, organizational work to awareness and training processes. By the way, the mentioned awareness-raising and training processes are carried out jointly with the Academy of Justice and it should be noted that more than 250 investigators of the Committee have already participated and been trained in the trainings organized by specialist-lecturers to facilitate the application of the new codes. Please note that those trainings have are of continuous nature.
Our Department conducts additional awareness-raising activities and discussions on the application of certain norms.
Moreover, the investigator is currently working on the protocols of proceedings and the forms of decisions to be made.
In addition to the above, I would also like to mention that according to the order of the Chairman of the Investigative Committee, a coordinating operative headquarters was formed to respond quickly to legal issues that arose during the application of the norms of the new codes and required urgent solution.
– In your opinion, will the new codes actually make the work of the investigator and the process of pre-trial proceedings more effective?
– Yes, they will definitely make it more effective. To be more vivid, let’s bring some examples.
The new Criminal Procedure Code of the Republic of Armenia has eliminated the stage of initiating a criminal case, the preparation of materials. It was included in the content of the preliminary investigation as the only way of conducting pre-trial proceedings; At present, the ban on using the information obtained as a result of certain operative-investigative measures directly as evidence during the preliminary investigation has been lifted and the preliminary investigation will be considered started from the moment of receiving a report on the crime or finding direct features of the crime.
Moreover, the investigation, as an independent stage of the proceedings, has been eliminated and due to the need for more efficient organization of the criminal proceedings, the above-mentioned Code also abandoned the investigation stage and made the preliminary investigation the initial stage of criminal proceedings, which will certainly make pre-trial proceedings more efficient.
The institute of differentiated proceedings, which is a novelty for our legal system, has also been introduced. For example, cooperation proceedings, which can be applied to all serious crimes. In case of cooperation proceedings, the accused and the body conducting the proceedings shall enter into a cooperation agreement, which shall specify the nature of the cooperation and the actions the defendant undertakes to take to achieve the cooperation and the norms of the RA Criminal Code are done.
I would like to add that the institute of using technical means during the investigation has been introduced, according to which a recording and a photo can be made in order to fix the course and results of the investigation, to find, strengthen and take the traces of the crime and material evidence.
In other words, we can clearly state that the work of the investigator will be more effective, as the existing regulations are aimed at modernizing and facilitating the work of the investigator.
– Ms Gasparyan, you are a representative of the young generation of lawyers and in your opinion, what interests do today’s young lawyers show in their profession and do they not meet the psychological resistance of more experienced lawyers in different law enforcement bodies?
– First of all, I would like to thank you for including me as a member of the younger generation, but I must say that I have been working in the system for more than 16 years, about 8 of which are in the Investigative Committee. When I started my professional career in the security forces, I adopted an important principle, according to which I never hesitate to ask.
And if a person is ready to support me with his authority, image, experience, I often ask for advice, have professional discussions and urge my students to apply the same principle. Engaged in scientific and educational activities, teaching both in different universities of Armenia and at the Academy of Justice, having daily contact with today’s young lawyers, I always urge them not to be discouraged and if you have any questions, have discussions with the elder generation or specialists with experience in this field.
Therefore, I can prove by my example that with the right approach and collaborative work, young people never meet the psychological resistance of experienced lawyers. I think that stereotype should be ruled out.
I am especially happy to emphasize the fact that today’s young lawyers are quite smart, literate and knowledgeable. They supplement the necessary theoretical and practical resources with self-education and self-learning already at work. I also notice that they have a pretty good analytical mind, which is important for any lawyer. Among other things, they are interested in legislative techniques, to best master the principles of law, which is aimed at making these a skill and later applying in practical work.
– The employees at the Investigative Committee are mostly men. Have you encountered any difficulties in this regard, taking into
account the Armenian mentality in the sense that the department is headed by a woman, although in recent years more women began to held managerial positions?
– Due to the peculiarities of the service in the Investigative Committee, a predominant number are men. Being the only female head of the main professional subdivisions of the Investigative Committee, I have never encountered any difficulties.
As a rule, I am always guided by the idea that the legal profession requires a professional approach, and I always emphasize in discussions with my interlocutors (opponents) that we operate in the professional field.
Moreover, I think that work should not be dependent on certain factors. I work with everyone equally and due respect.
The Investigative Committee has a special and respectful approach to existing women, and I can confidently say that women feel it in almost every area of their work.
It is a simple fact that a woman is more sensitive, a woman has a unique feeling and, consequently, the involvement of a woman in every institution, in every structure gives only positive signals and efficiency.
I will also add an important factor. Women do their job with maximum responsibility and dedication, and if you are dedicated to the work you are doing at the moment, moreover, you do it with love and faith in your work, then any difficulty can be overcome, especially when you take the heavy burden responsibility at the same time believing that what you do will bring positive changes in people’s lives and mindsets.
– In 2018, when you were still the chief specialist of the Legal Support and Statistics Department of the Investigative Committee, you were awarded the third degree medal for “Impeccable Service”. How much do such awards inspire young professionals in their future work?
– As I have already mentioned, I have been working in the system for quite a long time and of course I have received various awards during my service. Any award is binding, especially a departmental medal, and in this case, the medal for long-term and impeccable service seems to be a real evidence of the past way.
What we are doing is not just a simple duty, but a difficult and honorable service, which is directly and indirectly related to the present and the future of our country and people.
Each time I am encouraged, I continue to serve with greater responsibility and dedication, with the goal of improving in implementation of the work I do.
Therefore, I am convinced that every professional should, in addition to enthusiasm, have a great sense of responsibility as a priority, and encouragement increases the responsibility to work harder and perfect the work done.
– In your estimation, does the profession of a lawyer continue to be in demand in our country?
– First of all, the fact that no matter how old the profession of a lawyer is, it has been considered at different times and is still considered one of the oldest and most demanded professions.
Being a lecturer myself, I notice an increase in the number of law students every year.
I always tell students that each profession is characterized by a number of features that make it different from the others. Among them there are main features that define the nature and peculiarity of professional activity, and so is jurisprudence, with all its comprehensive definitions.
Indeed, the profession of a lawyer remains in demand, which, I think, in many cases is combined with the realization of a state-of-the-art job.
Probably, the presence of more than 200 candidates who applied for the job of investigator specifically in the Investigative Committee, only in the five months of 2022, also testifies the demand for the profession.
This initiative, implemented in cooperation with the RA Investigative Committee and the Iravaban.net website, aims to properly present to the public the main directions of the work carried out by the preliminary investigation body , to reflect on the peculiarities of pre-trial proceedings and other issues of public importance.
