University of Minnesota



Criminal Court of Appeal
 

The Criminal Court of Appeal of the Republic of Armenia (henceforth Court) investigates the cases of appeal complaints against the verdicts by the court of First Instance, which have not entered into force. The Court is not inhibited by the appeal complaint and based on existing as well as additionally presented proofs in the case, can investigate the case in full scale with the exception of cases investigated by the rules of chapter 45.1 of the Criminal Code of the Republic of Armenia. Based on the appeal complaint the Court checks the veracity of disclosure of the factual details and the correctness of the application of the law, as well as the preservation of norms of criminal-judicial law while investigating and resolving the case. 

In the Court a case is investigated by three judges, one of which is the chairman. 

The investigation of cases in the Court is implemented by the rules stated for investigations in the courts of First Instances as well as in Chapter 47 of Criminal Code of Republic of Armenia. 

As a result of an investigation of a case the Court is making one of the following decisions:

    1. The verdict or decision by the Court of First Instance is left unaltered, while the appeal complaint is left without satisfaction 
    2. Annuls the accusatory verdict by the Court of First Instance and makes an acquittal verdict or suspends the investigation of the case and ceasing of the criminal prosecution 
    3. Annuls the acquittal verdict by the Court of First Instance and makes an accusatory verdict 
    4. Alters the verdicts or decision by the Court of First Instance 
Annuls the verdicts or decision and by the requirements of article 311 of the Criminal Code, Republic of Armenia forwards the case for further investigation. 
The verdicts or decision by the Court of Cassation enters into force after their publication. 

The Court consists of the Chairman and 15 judges. 

The Chairman of the Court is a judge and has the following authorities:
    1. Ensures the regular activities of the Court 
    2. Follows the provision of the work discipline of the judges 
    3. Follows the process of meeting the deadlines of investigating cases by the judges, and in missing the deadlines of investigating cases, is representing his judgment to the Ethics Commission of the Council of Courts Chairmen 
    4. In discovering a violation of the requirements of the Discipline legislation, when necessary, respectively sends a report concerning that issue to the Ethics Commission of the Council of Courts Chairmen 
    5. Provides holidays to the judges as prescribed by law 
    6. In case of a holiday or some other temporary absence of the judge, if necessary, redistributes the cases under the latter’s responsibility 
    7. In case of a holiday or some other temporary absence by the chairman of the court, appoints a substitute 
    8. Supervises the activities of the staff of the Court 
    9. Represents the Court in its relations with other bodies 
    10. Performs other authorities prescribed to him/her by law 

The Court has a staff which is the separate subdivision of Judicial Department, Republic of Armenia and serves to ensure the regular activities of the court. The legal status and functions of the staff are stated in laws of Republic of Armenia, by the separate special legislation of “The staff of the Criminal Court of Appeal - Republic of Armenia Judicial Department-SAI”, by the decisions (orders) of the founder and other legal acts. 

One can apply to the Court by submitting documents in the court office or by sending them by post. 


The judiciary territory of the Court is the territory of the Republic of Armenia. Web site: The Judiciary of Armenia

 


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