Instituting Private Prosecution in Criminal Procedure has been operating for a long time, it can be said that it is older than the Institute of Public Prosecution, because in the initial period, when the criminal procedure relations were formed, the priority was given to the institution of private prosecution. Samvel Dilbandyan, Head of the Chair of Criminal Procedure and Criminology of Yerevan State University, said this in a conversation with Iravaban.net .

He noted that the private prosecution and the proceedings of the mentioned cases have several characteristics, one of which is that they are conducted in the proceedings of minor crimes and, in fact, the detection of these crimes does not present a great complexity.

According to the current legislation, private prosecution cases will consist only of court proceedings. In the case of a group of crimes, the victim should not just file a complaint with the law enforcement officers, but personally take measures to reveal it, and then file a criminal complaint with the court, stating the information of the person who committed the alleged crime.

“In general, the proceedings in criminal procedure are uniform, we have a uniform procedure for investigating cases regarding all crimes, and the Criminal Procedure Code provides for exceptions to this uniform procedure in individual cases. For example, there are such exceptions in cases concerning minors, in cases concerning the application of medical coercion measures,” Tigran Dilbandyan said.

According to him, approximately 18-20 crimes are provided for in the case under Article 15 of the Criminal Code, which are classified as private accusation cases, and the criminal procedure legislation is very categorical in regulating, if the person who committed the crime that is the alleged act is known, the victim no longer applies to the police and the investigative bodies, or, if applies, no proceedings are initiated, they simply “tell him that you should file a lawsuit in court”.

“Proving fraud for the victim in court is a very difficult and hard task, today the prosecutors and investigators carry out the investigation of this case with difficulty. The entire process of presenting evidence is placed on the victim, he has to go and find witnesses, submit documents, submit a motion to appoint an expert, etc. The peculiarity of criminal proceedings is that there are “dark” things here. With the light of a candle, you should enter and illuminate, make everything clear for yourself. Professor Dilbandyan noted.

According to him, there are quite a lot of crimes defined by the new Criminal Code, and in those cases it is very difficult to defend the accusation in court. Only a professional lawyer can do that.

Details in the video.