According to Armenian legislation, particularly the Criminal Procedure Code of the Republic of Armenia (CPC), the procedural statuses of a witness, an arrested person (suspect), and an accused represent clearly distinct positions within criminal proceedings.
These statuses determine the scope of a person’s rights and obligations, the degree of their involvement in the case, as well as the level of legal protection granted to them.
The current CPC (adopted in 2021 and in force since July 1, 2022) explicitly differentiates these roles in order to ensure the principles of a fair trial, the presumption of innocence, and the effective implementation of criminal prosecution.
1. Witness
A witness is a person who may have information significant to the circumstances of a criminal case and is summoned for the purpose of giving testimony.
Main characteristics:
- A witness is not considered a person suspected of committing a crime.
- A witness is a participant who assists the proceedings by contributing to the clarification of the factual circumstances of the case.
- Any person may serve as a witness, except in special cases defined by law (for example, the Human Rights Defender, an ordained clergyman–confessor, a mediator, a lawyer, an investigator, or a judge, if the expected information became known to them in the course of performing their official duties).
- A witness is obliged to appear when summoned and to provide truthful testimony.
- A witness has the right to protection against self-incrimination and against incriminating close relatives, and has the right to refuse to testify if it is reasonably assumed that the testimony may later be used against them or a close relative.
Rights of a Witness
- The right to be informed about the criminal proceedings in connection with which they have been summoned for questioning.
- The right to appear for questioning in the presence of a lawyer.
- The right to refuse to give testimony against themselves, their spouse, or close relatives.
- The right to use the assistance of an interpreter when necessary.
- The right to receive special protection in cases where there is a threat to their life, health, or lawful interests.
- The right to reimbursement of expenses incurred while participating in the proceedings.
Obligations of a Witness
- To appear upon summons by the competent authority and to provide truthful testimony.
- When leaving for another location, to inform the authority conducting the proceedings in advance of their new place of residence and the means of communication with them.
- To bear liability for giving false testimony or for refusing to testify without lawful grounds.
2. Arrested Person (Suspect)
An arrested person (suspect) is an individual who has been arrested on the basis of an immediately arisen reasonable suspicion of having committed a crime (for example, the person was caught in the act of committing the offense or immediately afterward; an eyewitness directly identifies the person as the perpetrator; clear traces indicating the person’s involvement in the crime are found on the individual or their clothing, etc.).
Main Characteristics
- Acquisition of Status
A person acquires the status of an arrested person (suspect) only from the moment of arrest. - Nature of the Status
The status of an arrested person (suspect) is a strictly temporary procedural condition. - Change of Status
The status of an arrested person (suspect) terminates when the maximum 72-hour detention period expires, or when the person is released before that deadline, or when an official decision is made to initiate criminal prosecution, as a result of which the person acquires the status of an accused.
Rights of an Arrested Person (Suspect)
- The right to the full application of the presumption of innocence.
- The right to be informed of the grounds for the suspicion raised against them (for example, the reasons for arrest).
- The right to notify a person of their choice about their whereabouts.
- The right, upon request, to undergo a medical examination.
- The right to defense, including mandatory participation of a lawyer starting from the moment of arrest.
- The right to remain silent and the right not to testify against oneself.
- The right to present evidence, file motions, and appeal decisions adopted in relation to them.
3. Accused
An accused is a person against whom criminal prosecution has been officially initiated.
Main Characteristics
- The status of an accused arises from the moment when, based on facts indicating the commission of a crime, the prosecutor issues a decision to initiate criminal prosecution.
- The accused is the subject of criminal prosecution and one of the key participants in criminal proceedings.
- The accused may be detained for up to 24 hours for the purpose of being brought before a court for detention (custody), or if they violate the conditions of a preventive measure applied to them.
- If, as a result of judicial examination of the case, an acquittal verdict is issued, the person is referred to as an acquitted accused, while in the case of a conviction verdict, they are referred to as a convicted accused.
Rights of the Accused
- The right to full application of the presumption of innocence until the final judgment enters into legal force.
- The right to have a defense counsel, including mandatory participation of a lawyer in cases prescribed by law.
- The right to be informed of the full charge brought against them and, after the completion of the preliminary investigation, to review the case materials.
- The right to present evidence, challenge the prosecution’s evidence, and submit motions.
- The right to remain silent and the right not to testify against oneself.
- The right to question persons who testified against them, as well as to summon witnesses to testify in their favor.
Obligations of the Accused
- To appear upon summons by the competent authority.
- If giving testimony, to state only the truth and provide accurate information.
- Not to obstruct criminal proceedings, including not to unlawfully interfere with the process of evidence gathering.
- When leaving for another location, to inform the authority conducting the proceedings in advance of their new place of residence and the means of communication with them.
Key Differences — Summary Comparison
| Criterion | Witness | Arrested Person (Suspect) | Accused |
| Connection to the crime | No suspicion | Reasonable suspicion | Existence of facts indicating commission of a crime |
| Legal basis | Summons (invitation) | Arrest | Decision to initiate criminal prosecution |
| Right to remain silent | Limited | Full | Full |
| Possibility of arrest | No | Yes (up to 72 hours) | Yes (up to 24 hours) |
| Possibility of detention (custody) | No | No | Yes (up to 2 months, which may also be extended) |
The Role of Defense Counsel
Under the 2021 Criminal Procedure Code, a lawyer is considered one of the most important guarantees for ensuring the legality and integrity of criminal proceedings.
- Mandatory participation: The participation of defense counsel is mandatory from the moment of arrest or from the moment charges are brought.
- Confidentiality: The legislation guarantees absolute confidentiality of communication between the lawyer and the client.
- Collection of evidence: The defense counsel of the accused has the right to independently collect evidence and submit motions, which the authorities conducting the proceedings are obliged to examine and assess in accordance with the procedure established by law.
Judicial Oversight of Rights Arising from Procedural Status
The 2021 Criminal Procedure Code significantly strengthened the role of the court.
- The legality of arrest and the application of all types of preventive measures are subject to judicial oversight or may be challenged through judicial procedure.
- Actions and decisions that substantially interfere with or violate the rights of a witness, an arrested person (suspect), or an accused are also subject to judicial oversight or may be appealed in court.
The Risk of “Transition”: From Witness to Suspect
- Right to defense counsel: A witness has the right to appear during questioning accompanied by a lawyer.
- Duty to inform: If, during the questioning of a witness, grounds for suspicion against that person are revealed, the investigator is obliged to immediately terminate the questioning and ensure the person’s right to defense with the participation of a lawyer.
- Rule of inadmissibility: Testimony obtained from a person questioned as a witness, when in fact they should have been treated as a suspect, generally cannot be used against them as evidence.
Key Principles and Concluding Remarks
These distinctions reflect the fundamental principles of modern Armenian criminal procedure:
- Human-centered protection: The protection of fundamental rights is now more closely linked to the digitization of procedural processes and strengthened oversight over deprivation of liberty.
- Adversarial proceedings: The principle of equality between the defense and the prosecution has been significantly reinforced, particularly with respect to access to evidence and the role of the court.
- Burden of proof: The burden of proof continues to rest entirely on the prosecution; however, the 2021 Criminal Procedure Code introduced clearer standards for evaluating “reasonable suspicion” and the existence of “sufficient evidence” to initiate criminal prosecution.
- Procedural integrity: The current rules ensure that changes in procedural status (transitions) are properly documented, have clearly defined timelines, and do not lead to impermissible procedural uncertainty.
