The major problem of lawsuit is the institute of testimonies, claims advocate Tigran Atanesyan. He refers to the testimonies of witnesses. “People very often happen to find themselves with a pass ticket at the office of the investigator, they are in a semi-free condition, there`s no need to beat a person or insult, there are many other methods to put pressure under which people will give such a testimony that is convenient for the investigator, and that is what is put on the basis of accusation”, said the advocate. In his words the image is quite different when a person gives testimony at the court. “Here the one testifying is not that much constrained, very often they come and give other testimonies. It is hard to say whether that is the truth, but our justice has an inquisitorial nature”.
According to the advocate the principle of competition which is set by legal norms, has a formal character. “See, if the witness gives a testimony at the court contradicting preliminary testimonies, the latter is announced and in 99% of cases that testimony is used. If this does not change, we`ll never have normal judiciary”.
In 5-6th centuries in the so-called Extraordinary courts of England the lawsuits had inquisitorial nature and were being implemented through torment.
