According to the current Draft Criminal Procedure Legislation, in case when a person is arrested, starting from that moment the preliminary investigation body within 72 hours, if the person acquires the status of accused, may apply to the court at any moment with a motion to apply detention. The practice shows that the motion can be submitted to the court at the 72nd hour and the person shall not be released even after the 72 hours are completed. In addition it is natural that the court will not have reasonable time to consider the motion.
However there is an amendment in the New Draft Criminal Procedure Code. The preliminary investigation body has 60 hours to represent the person to the court, and the court has 12 hours to consider the motion on detention. But this new regulation has not been appreciated by the investigatory bodies. The argue that the provide 60 hours are not enough for investigatory procedures and to obtain evidence.
RA Deputy Minister of Justice Arman Tatoyan, co-author of the New Draft Criminal Procedure Code does not agree with this opinion. “I do not agree with this observation, I believe that considering the problem within the system can provide other,” Arman Tatoyan said in the interview with Iravaban.net.
He added that they also attach great importance to the issue that the investigator should be able to solve the task within the time limits. “We have set ourselves the task to ensure the protection of public and private interests to be balanced at this stage. We think that this was the solution that has been discussed with the criminal prosecution bodies as well.”
The Deputy Minister added that the issue could have changes, but refrain from the details asking to wait until the issue is discussed and the draft will be presented in the full version.
