INGA AVAGYAN

‘‘Private Legal Center’’ Law Firm, Founding Director, Advocate,

Applicant at ‘‘Gladzor’’ University

DOI: https://doi.org/10.59546/18290744-2024.10-12-48

Annotation.

Each piece of evidence, from the point of view of reliability, must be assessed in the totality of all the evidence presented with a comprehensive and detailed assessment of the sources of factual data and prove the entire process of constructing evidence. The final decision on the reliability of evidence can be made as a result of comparing its content with information from other sources. In order to assess the reliability of a certain fact obtained from one source or another, it is necessary to analyze the content of the information received, compare it with other evidence, find out their compliance or contradiction, and in case of contradiction, identify the reasons for the discrepancy. Summarizing the powers granted to the defense attorney in criminal procedure, we come to the conclusion that any evidence obtained by the defense attorney is proper in terms of admissibility, reliability, relevance and should be used as the basis for the preliminary investigation by the investigating authority when making a final decision during the preliminary investigation in criminal proceedings, but on the other hand, there is a legislative gap, which consists in the fact that the protocol of private interrogation of the witness and victim participating in the criminal process may contradict the content of the testimony obtained by the inquiry authority, and in this case, are they proper evidence or not?

The procedural order and methods of obtaining evidence by the lawyer are also a legislative gap.

It is important to emphasize and highlight the gap, which consists in the fact that the motions filed by the defense attorney during the preliminary investigation of a specific criminal case, which will be aimed at obtaining evidence or attaching already obtained evidence to the criminal process, are also not regulated, and are actually implemented at the discretion of the body conducting the proceedings, as a result of which the defendant's right to defense may be violated, and in order to avoid this, it is proposed to include in the Criminal Procedure Code a norm according to which motions to obtain or attach obtained evidence, certain circumstances and requirements of the law and / or justified and essential for making a final decision are an obligation and should be included in the scope of judicial guarantees of the legality of pre-trial proceedings.

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