THE BASIS AND CONDITIONS FOR APPLYING THE SPECIAL PROCEDURE OF THE AGREEMENT PROCEDURE IN CRIMINAL PROCEEDINGS OF THE REPUBLIC OF ARMENIA
HAYKUSH HAROYAN
PhD Student at the Chair of Criminal Procedure and Criminology,
Faculty of Law, Yerevan State University,
Assistant to the Judge at the Anti-Corruption Court of Armenia
DOI: https://doi.org/10.59546/18290744-2025.4-6-113
Annotation.
The aim of the article is to analyze several issues related to the legal norms regulating the grounds and conditions for applying the special procedure of trial through the plea bargaining process, as provided by the Criminal Procedure Code of the Republic of Armenia (RA). The practical significance of this work lies in the fact that it identifies and examines the existing shortcomings and problematic aspects of the legal norms and mechanisms governing the plea bargaining process as stipulated in parts 1 and 2 of Article 458 of the RA Criminal Procedure Code. Based on this, conclusions and recommendations are made.
In this regard, the article is relevant, as the conclusions and proposals presented may serve as a theoretical source on the “plea bargaining procedure” institute.
The article discusses issues such as shifting the decision on continuing a case through the plea bargaining procedure to an earlier stage of criminal proceedings, establishing other circumstances that exclude the application of plea bargaining, in particular, introducing a limitation that the procedure can be applied only once with respect to the same person, among others.