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Abstract

<jats:p>Within the framework of this article, the subject of discussion is the lawfulness of arresting an accused who is at liberty in cases where, in the investigator's assessment, the necessity arises not for the application of detention (custody), but rather for home confinement (house arrest) or judicial supervision (contrôle judiciaire). The article analyzes the opposing views expressed in legal doctrine and judicial practice on this matter. For the purpose of interpreting Article 111 of the Criminal Procedure Code of the Republic of Armenia, the author applies various methods and types of legal interpretation, while also relying on the principleguarantee of proportionality in restricting fundamental rights and on the presumption of liberty. The author concludes that the possibility of arresting a person on the basis under discussion, where the necessity for detention is absent, does not derive from the provisions of the Criminal Procedure Code of the Republic of Armenia and is incompatible with the aforementioned principleguarantees relating to the restriction of rights. The article is of particular significance for clarifying the meaning of Article 111 of the Criminal Procedure Code of the Republic of Armenia, ensuring uniform application of the law, and preventing unwarranted restrictions on individual rights.</jats:p>

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Keywords

article criminal procedure code republic

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