Arrest is a stressful and often intimidating situation, especially if you are not fully familiar with the legal procedures and your rights in the Republic of Armenia. Taking the correct steps after an arrest, as well as avoiding mistakes, can have a significant impact on the further progress and outcome of your case.
What Constitutes an Arrest in Armenia
Under the legislation of the Republic of Armenia, an arrest is a temporary restriction of a person’s physical liberty, carried out by law enforcement authorities based on immediate suspicion and without a prior court decision.
An arrest may occur if:
- You are caught in the act of committing a crime.
- Witnesses directly identify you as the person who committed the crime.
- Evidence of the crime is found on you, your clothing, or your property.
- You attempt to flee the scene of the crime.
Arrest procedures are governed by the Criminal Procedure Code of the Republic of Armenia.
Your Rights If You Are Arrested in Armenia
From the moment of your arrest, you have a number of rights guaranteed by law. Law enforcement authorities are obliged to inform you of these rights without delay.
1. Right to Remain Silent
You are not obliged to give any statements. Anything you say may later be used as evidence.
Fact: Your silence cannot be used against you in court.
2. Right to Legal Counsel
You have the right to:
- Immediately contact a lawyer of your choice.
- Be represented by a lawyer during any interrogation or procedural action.
- Receive a lawyer appointed by the state if you cannot afford to pay for one yourself.
In practice, the early involvement of an experienced criminal defense attorney—such as specialists from LSA Law Firm—can ensure that procedural safeguards are properly observed from the very first hours of detention.
3. Right to Know the Reason for Your Arrest
Law enforcement authorities are obliged to clearly inform you of:
- The legal basis for your arrest.
- The articles of the Criminal Code under which you are suspected of violating the law.
This information must be provided in a language that you understand.
4. Right to Notification
As a general rule, law enforcement authorities are obliged to promptly inform a family member or any person of your choice about your arrest.
Note: In exceptional cases, notification may be delayed up to 12 hours to prevent obstruction of the investigation, but this requires a reasoned decision.
Foreign Citizens: You have an unequivocal right to contact your embassy or consulate.
What to Do Immediately After Being Arrested
Step 1: Remain Calm and Do Not Resist
Resisting arrest or displaying aggressive behavior may lead to additional charges. Stay calm, follow lawful instructions, and avoid conflict.
Step 2: Say Nothing Without Legal Counsel
Even informal conversations with police may be recorded. You therefore have the right not to answer any questions until your lawyer is present.
Clearly state:
“I will not answer any questions until my lawyer is present.”
Step 3: Request Legal Representation Immediately
Demand your lawyer as soon as possible. Early legal involvement is important for:
- Challenging unlawful detention
- Preventing procedural violations
- Protecting your rights during interrogation
Step 4: Do Not Sign Any Documents Without Review
Do not sign blank documents. Do not sign interrogation records if you have not read them or if they contain errors. You have the right to note your objections on the record before signing.
How Long Can You Be Detained in Armenia
According to the Criminal Procedure Code of the Republic of Armenia:
Maximum Period of Arrest: 72 Hours
The 72-hour period begins from the moment you are physically restrained (actual deprivation of liberty), not from the time the record is drawn up.
During these 72 hours, law enforcement authorities must either:
- Release you, or
- Take you to court, where a judge will decide whether to apply a preventive measure (detention) or not.
If the court does not issue a detention order within 72 hours, you must be released immediately.
Preventive Measures After Arrest
If the investigator wishes to keep you detained beyond the 72-hour period, they must apply to the court. The court may order:
- Detention (pre-trial detention) – for up to 2 months.
- House arrest – restriction of movement.
- Administrative supervision – restrictions on communication or travel.
- Monetary guarantee combined with house arrest or administrative supervision – bail
- Rejection of the detention request – release.
Your lawyer can request a less restrictive measure by substantiating the following circumstances:
- Personal and family conditions
- Employment status
- Absence of flight risk
- Health condition
What to Do If Your Rights Are Violated
If law enforcement authorities commit any of the following violations:
- Deny you the opportunity to contact a lawyer
- Apply psychological pressure, deception, or physical coercion
- Fail to clearly inform you of your rights
- Conduct a personal search without a record or without impartial witnesses
These violations must be immediately recorded in the arrest report.
According to the Criminal Procedure Code of the Republic of Armenia, any evidence obtained in violation of fundamental rights is illegal (without legal force) and cannot be used against you in court.
Why Legal Representation Is Important in Criminal Cases
It is crucial: if you have the ability to retain a private lawyer, do not rely solely on a state-appointed defender.
An experienced criminal defense attorney can:
- Ensure compliance with the 72-hour detention limit, making sure you are released immediately after the detention period expires if the court has not issued a decision.
- Monitor official records to prevent the police from omitting important details (for example, the actual time of arrest and the time recorded in the report).
- Prevent self-incrimination by advising you on which questions you may answer and which you should not.
- Challenge detention by contesting pre-trial detention in court and proposing alternative preventive measures, such as house arrest, administrative supervision, or a combination of these measures with bail.
In the Armenian legal system, mistakes made within the first 24 hours are often irreversible. Early legal involvement is frequently decisive for the outcome of the case.
Frequently Asked Questions (FAQ)
1. Can I be arrested without a court order?
Yes. Under the legislation of the Republic of Armenia, the police may arrest you without a court order if there is a “reasonable suspicion” that you have committed a crime (for example, if you are caught in the act of committing a crime or if the victim directly identifies you). However, such an arrest is strictly limited to 72 hours. If law enforcement authorities wish to keep you detained for a longer period, a court decision is required.
2. Can I refuse to answer police questions?
Yes. You have the fundamental constitutional right to remain silent.
Advice: Clearly state, “I refuse to give any statements until I have consulted with my lawyer.” Do not engage in informal conversations; they may be used against you.
3. Do foreign citizens have special rights?
Yes. In addition to the general rights, foreign citizens have:
- Interpreter: If you do not speak Armenian, authorities are obliged to provide a certified interpreter free of charge. Do not sign any documents in Armenian unless you fully understand them.
- Consular Contact: You have the right to contact your country’s embassy or consulate.
4. Can my phone be taken and my messages checked?
This is allowed only with a court order. Generally, the police must have a court authorization to examine the contents of your phone (digital privacy). However, during arrest, they may physically seize the device as “evidence.”
Advice: Do not unlock your phone or provide passwords without consulting your lawyer.
5. Is bail possible in Armenia?
Yes. Bail is a common alternative to detention, but it is not applied automatically. The court decides on its application, taking into account the severity of the offense and the risk of flight. Under the new legislation, in certain cases, bail may be combined with house arrest or administrative supervision.
6. What if I am initially called as a “witness”?
Be cautious. A common tactic is to question an individual as a witness (whose rights to remain silent are limited) and then later change their status to a “suspect.”
Rule: You have the right to a lawyer even as a witness. If the questions could incriminate you, you may refuse to answer, exercising your right against self-incrimination.
In Summary
Being arrested does not mean you are guilty. Your actions during the first hours of detention are crucial for protecting your rights and your future.
If you or any of your loved ones are arrested in Armenia, seeking careful and professional legal assistance promptly is of vital importance.
