
ArmInfo. In Armenia, compulsory medical proceedings may be applied to individuals who committed a crime while insane, as well as to individuals who, despite being sane at the time of the crime, have mental health issues. The RA NA Standing Committee on State and Legal Affairs approved these amendments to the Criminal Procedure Code at its May 18 session.
According to RA Deputy Justice Minister Gevorg Kocharyan, the document proposes to clarify that in cases where such a circumstance becomes known, both the investigator and the court must immediately transfer the case to compulsory medical proceedings. Under the current regulations, when circumstances relating to mental health issues become known during the preliminary investigation, no timeframe is specified for resolving the issue. It is now proposed to set this timeframe as immediate, no later than 24 hours. Under the new regulations, from the moment such circumstances arise, the court will take measures to promptly hear the parties' opinions, after which, either on its own initiative or with the mediation of the parties, it will decide to convert the criminal proceedings into a compulsory medical examination.
The next regulation concerns off-site court hearings. If all defendants in a case are active servicemen, the court may hold an off-site hearing at the relevant military unit. In cases where all defendants are currently serving prison sentences, the hearing may be conducted within the correctional facility. The amendment proposes a third scenario: when a person's mental health status makes it impossible to ensure their presence at a courthouse during a compulsory medical proceeding. In such instances, the off- site hearing may be conducted within the psychiatric institution itself. This measure is aimed at ensuring access to justice and guaranteeing that judicial proceedings are conducted within a reasonable timeframe.