SOME ISSUES OF PRELIMINARY HEARINGS ACCORDING TO THE NEW RA CODE OF CRIMINAL PROCEDURE

Authors

  • Gagik Ghazinyan Yerevan State University

Keywords:

adversarial trial, equality of the arms, stage of preparation of the case for trial, preliminary hearings, selection of detention as a measure of restraint, making a judicial act resolving the case on the merits

Abstract

The article, in the context of the basic requirements of adversarial trial and equality of the arms, reveals the existing practical issues of current legislative regulations of the stage of preparation of the case for trial, their solutions in the new RA Code of Criminal Procedure. In particular, the article turns to the issue of the legitimacy of making a decision on the merits of the case or applying detention as a measure of restraint within the framework of current legislative regulations without convening a court session. Some reference is made to the existing European and American experience in this regard.

Author Biography

Gagik Ghazinyan, Yerevan State University

Dean of the YSU Faculty of Law, Doctor of Legal Sciences, Professor,

Academician at the NAS of the RA,

Honoured Lawyer of the RA

Published

2021-10-08

Issue

Section

Articles