In the Republic of Armenia, the defense of an accused person is a fundamental constitutional and legal right aimed at protecting the rights of individuals subject to criminal prosecution. According to Armenian legislation — including the Constitution, the Criminal Procedure Code (which has been in force with significant amendments since 2022), and the Criminal Code — every person accused of a crime is guaranteed fundamental rights intended to ensure a fair trial and prevent miscarriages of justice.
This service covers the full scope of legal defense for detained individuals (suspects) and accused persons within criminal proceedings. It includes representation during the investigation and trial stages, as well as during appeals and cassation procedures, along with legal support on related matters. The purpose of this service is to protect the individual’s rights, challenge unlawful actions, present evidence confirming innocence or mitigating circumstances, and achieve the best possible outcome — including refusal to initiate criminal prosecution, termination of proceedings, acquittal, the imposition of a lighter sentence, or release from detention.
Who Is Considered an “Accused”?
According to Article 6 of the Criminal Procedure Code, an accused is a person against whom criminal prosecution has been initiated and in whose case there is no legally effective decision terminating the criminal prosecution, nor a conviction or acquittal that has entered into legal force.
What to Do Immediately After Arrest (First Steps)
If you or one of your relatives has been arrested in the Republic of Armenia, the first hours are critical. Act calmly and correctly to protect your rights.
- Stay calm and do not resist – Any resistance or aggressive behavior may be used against you and worsen your situation.
- Request information about the grounds for arrest – The police and other law enforcement authorities are obliged to immediately inform you, in a language you understand, of the grounds for depriving you of your liberty.
- Immediately request a lawyer – Clearly state: “I request a lawyer” or “I will not give a statement without a lawyer.” The right to a lawyer arises from the moment of actual arrest.
- Remain silent – You have the full right to remain silent and say nothing. Your silence cannot be used against you. Do not give statements or make declarations without your lawyer present.
- Do not sign anything without a lawyer – Many documents are drafted in a way that signing them may harm your future legal defense. Therefore, do not sign any document without your lawyer present.
- Inform a relative or a person of your choice – After being arrested, you have the right to inform a relative or any person of your choice about your location within a maximum of 3 hours. Usually, you can exercise this right once you are brought to a police station or other law enforcement facility.
- Request a medical examination – If you have any health issues or if violence was used against you during the arrest, immediately request a medical examination.
The maximum period of detention without a court decision is 72 hours. If the court has not ordered detention as a preventive measure within this period, you must be released immediately.
Fundamental Rights of the Accused
Armenian legislation provides strong legal guarantees for accused persons that are consistent with international standards, including the European Convention on Human Rights.
- Presumption of Innocence — You are considered innocent until your guilt is proven by a court verdict that has entered into legal force. The burden of proof lies entirely with the prosecuting party (the prosecutor), and you are not required to prove your innocence.
- Right to Be Informed — You must be promptly informed, in a language you understand, of the exact nature of the charges brought against you, as well as their legal basis and justification.
- Right to Remain Silent — You may refuse to give testimony or explanations, and this cannot be interpreted to your disadvantage.
- Right to Legal Counsel — At any stage of the proceedings, you have the right to be represented by a lawyer of your choice. If you do not have the financial means to pay for a lawyer, the state provides free legal assistance through a public defender.
- Right to Present Evidence and File Appeals — You and your lawyer may submit motions, present evidence, question witnesses, and challenge unlawful procedural decisions made against you, including arrest and detention.
- Right to Access Case Materials — After the completion of the investigation, you and your lawyer have the right to review all materials of the case.
- Right to a Fair Trial — The case must be examined by an independent and impartial court, in public (except in exceptional cases when hearings may be closed), and within a reasonable time.
- Other Important Guarantees — Arguments presented in defense of the accused must be thoroughly examined. A conclusion about a person’s guilt in a crime cannot be based on assumptions; it must be confirmed by a comprehensive body of interconnected, relevant, admissible, and reliable evidence.
How LSA Law Office Ensures the Defense of the Accused
LSA Law Office provides comprehensive defense services in criminal cases throughout the entire territory of Armenia. With more than 10 years of experience, our team — which includes former judges, prosecutors, and investigators — uses both deep theoretical knowledge and extensive practical expertise to build strong and effective legal defense strategies.
Our services include:
- Immediate Response and Consultation — 24/7 availability in cases of arrest, detention, or newly filed criminal charges, including urgent consultation regarding your rights and the next legal steps.
- Defense During the Pre-Trial Investigation — Development of defense strategies; participation in interrogations, confrontations, and searches; as well as representation at court hearings concerning detention or other preventive measures. This also includes submitting evidence, motions, and complaints aimed at preventing the application of detention as a preventive measure, declaring evidence obtained in violation of the law inadmissible, terminating criminal prosecution at the earliest possible stage of the proceedings, and protecting the individual’s other lawful interests.
- Defense in Court — Representation of the accused in courts of first instance, as well as in appellate and cassation courts. This includes presenting well-grounded arguments supporting the accused person’s innocence or mitigating their liability, as well as appealing court judgments.
- Defense During the Sentence Enforcement Stage — Legal assistance in matters such as exemption from punishment due to illness or other grounds, conditional early release from serving a sentence, preparation and submission of motions, participation in court hearings, and filing claims for compensation for unlawful criminal prosecution or detention.
- Related Legal Support — Legal consultations on civil or administrative law matters connected with criminal proceedings.
Frequently Asked Questions
Can the police search my home or car without a court warrant?
No. A court-issued search warrant is required to search a residence or a vehicle considered equivalent to a residence. You have the right to request that the court decision be presented, review it, and ensure that your lawyer is present during the search. Evidence obtained as a result of an unlawful search is considered inadmissible.
What happens if I am a foreign citizen and I am arrested in Armenia?
Foreign citizens have the same rights as Armenian citizens under the Criminal Procedure Code of the Republic of Armenia, as well as additional guarantees. You must be promptly informed of your right to contact your embassy or consulate (usually within 24 hours), and upon your request, the embassy must be notified of your arrest. You also have the right to communicate with embassy or consular officials and receive assistance in your native language.
LSA Law Office has English- and Russian-speaking lawyers who, if necessary, can coordinate legal defense matters with embassies and consulates.
How long can a criminal case investigation last in Armenia?
The law sets specific time limits for the pre-trial investigation of criminal cases — generally 3 to 10 months, depending on the severity of the crime. Based on the complexity of the case and the interests of justice, these periods may be extended by 1–2 additional months.
There are no strictly fixed statutory time limits for the court examination of criminal cases; however, it must be conducted within a reasonable period of time. In addition, the Supreme Judicial Council of Armenia has established guideline timeframes for criminal case trials, which are determined based on factors such as the severity of the charges, the number of defendants and witnesses, and several other indicators.
Is it possible to be released from detention before trial through alternative preventive measures?
Yes. The court is required to consider the application of alternative preventive measures to detention (such as house arrest, administrative supervision, bail, or personal guarantee). Detention should be applied only when it is the sole measure capable of neutralizing the risks of escape, unlawful interference with the evidentiary process, or committing a new crime. With the right defense strategy, many individuals are released from detention already at the pre-trial stage.
