АКТУАЛЬНЫЕ ПРОБЛЕМЫ НЕГЛАСНЫХ СЛЕДСТВЕННЫХ ДЕЙСТВИЙ

Аннотация

Secret investigative activities are provided by a new procedural criminal code of Republic of Armenia. Their entity helps to detect criminals with the investigative experience, which has to be realized according to general rules. The results of secret actions carried out groundlessly or with ignoring and violating the general rules, provided by the law, must be accepted as impermissible, even though according to their existence significant evidence of facts were acquired for the process.

Due to proving activities, implementation, imperative necessity of collecting proof, provided exclusively by law, two presenting conditions are shown for permission of proof, that is, the proof has to be presented due to the source of the law and by means presented by the law. Therefore, if some activity is not presented as a secret investigative activity, even if the activity is resultative and necessary for criminal procedure, it cannot be served as means of collecting proof.

As secret procedural actions restrict constitutional human rights, for balance security between the struggle against the crime and protection of human rights, it is provided by the law that secret procedural actions must be used during the examination of serious and the most serious crimes and the crime of receiving or giving a bride imitation.