Advocate Hayk Alumyan thinks that in the draft of the new Code on Criminal Proceeding “the institute of arrest is excellently regulated”, which was not envisaged by the current Code. Mr. Alumyan proceeds with details:
“Today if the witness does not attend court sitting, the court makes a decision of detention, but it is quite comprehensible what status the detained witness has. Obviously the detention is a coercive measure, and it is possible that when detaining somebody he will be kept in arrest for some time before attending the court sitting, but there is no regulation on how long he may be kept in detention, what rights he has in this stage. And today there are actually arrests, but those arrests and detentions are not in any way regulated”, underlined the advocate.
He also said that the new Code took into consideration especially all the complaints existing in this sphere.
The advocate would not say the same about the regulations of the institute of Arrest. “The Draft Code of the Criminal Proceeding envisages new measures, preventive measures have been enlarged, but at the same time we have one serious problem, which does not cease to be subject of debates. That is the fact that it is possible to arrest a person for 1 month only taking into account the gravity of the crime attached to him, being accused of grave or particularly grave crimes the person can be arrested for one month without any reasoning presented. So, the person who is just accused and that is not yet proven, this is quite an arguable regulation”, concluded Mr. Alumyan.
