EXAMINATION AND RESOLUTION OF THE ISSUE OF ADMISSIBILITY OF EVIDENCE IN PRELIMINARY HEARINGS AS A GUARANTEE OF THE PRINCIPLE OF ADVERSARIAL PROCEEDING

Abstract

This article delves into the emerging institution of preliminary hearings within the Armenian criminal procedure system, shedding light on its contemporary relevance, especially concerning the admissibility of evidence. As a recent addition to the legal landscape, preliminary hearings have become a pivotal phase for criminal cases entering judicial examination, making them a focal point for discussion.

The primary objective of this article is to address certain problematic aspects related to the principle of adversarial proceedings within the context of preliminary hearings. The author navigates through the distinctive challenges posed by this novice legal mechanism, recognizing its significance in a wide array of criminal cases.

The central argument posits that when grappling with questions of evidence admissibility during preliminary hearings, a clear and decisive regulatory framework is essential. The author advocates for a streamlined process that either deems evidence admissible or inadmissible during this critical stage. Emphasizing the importance of prompt resolution, the article contends that delaying the discussion on the admissibility of evidence is counterproductive and does not align with the principles of effective and fair adversarial proceedings. In essence, the conclusion asserts that a proactive regulatory approach is imperative for ensuring the optimal implementation of preliminary hearings, a vital phase in the evolving landscape of Armenian criminal procedure.