Even the worst law if it is used by clever people who watch its every aspect, will bring some benefits to the society. Lawyer Mihran Poghosyan is sure about it. Referring to the process of making changes in the Criminal Procedure Code, he mentioned:
«We have a Court of Appeals which develops the precedential right, we have precedential rights of the European Convention, that is to say, the flaws of the Criminal Procedure Code are partially covered by precedential decisions, resolutions of the European Court, and convention», but the lawyer thinks that the users do not run it.
“From this perspective, if the new Code is a good one, and again it is not used, then we will not manage to come to any solution of the problems only by making changes in the Code. Here the users have a problem”, Mr. Poghosyan said.
At the same time he admits that the Code does not fully provide the activities of the practical field. “The precedents are often used, for example, the bail. It is stated in the Code that it is used for small and middle crimes, but the development of public relationships and the position of the European Court about it have defined a condition that bail can be used in case of any crime. It is not included in the Criminal Procedure Code, but its application is no prohibited in any case, because it is a precedential right”, Mr. Poghosyan said.
From the other side, he stated that bails are just not used in practice.
