Acting in the frame of his/her authorities the Prosecutor has a right to issue the following acts:
Warning - In the presence of the data concerning the current offences, or of the offences that are planed for future, the Prosecutor warns the appropriate authorities or citizens, in writing, about inadmissibility of the violation of Law.
The warning is not a type of punishment. It is just a preventive measure. The document on warning contains the note on the registered, prepared or the current offence, mentions the violated legal norm; Prosecutor’s requirement on immediate suspension of the offence; the measures that would be taken by the Prosecutor in case of continuation or repeat of the offence, the explanation of the right and the method of the prosecutorial act’s appellation.
Petition - In order to eliminate the reasons of and assisting conditions for the offences the Prosecutor send a Petition to the bodies or officers that has the authority to eliminate them. The petition is to be immediately discussed and its results should be presented to the Prosecutor in a month period.
The petition has a preventive legal mining. The Prosecutor is to state in the document on petition the well-grounded reasons and conditions that can result or contribute to the offence or that already have assisted to the offences.
The document on petition not only requires eliminating the reasons of and assisting conditions for offences, but also states the ways and methods to eliminate them.
Decision - A Prosecutor, according to the essence of the offence, makes a Decision to initiate either a criminal prosecution or an administrative case.
The Decision on initiation of an administrative case is to be discussed by the respective body or official person, not later that in a ten-day period, if the Decision is not going to be appealed to the superior prosecutor.
A Prosecutor can make Decision also on other cases prescribed by Law. Especially, a Prosecutor is liable to make a Decision on rejection of initiation of a criminal case, or on abolition of disciplinary penalties, assigned unlawfully to the persons kept in the places of deprivation of freedom, as well as other Decisions.
Appeal -In the frame of his/her authorities, a Prosecutor appeals a Verdict, Sentence or a Decision of a Court, should they be illegal or not well grounded. Only the Court is to discuss an appeal of the Prosecutor.
According to the article 223 of the RA Criminal Procedural Code, only the RA Prosecutor General and his/her Deputies are to bring an appeal to the Court of Cassation. It is done according to the mentioned article and the RA Law “On Prosecutor's Office”.
Claim-Statement - In the frame of his/her authorities and according to the article 27 of the RA Law “On Prosecutor's Office”, a Prosecutor has a right to bring a claim to a Court, concerning protection of State interests, without any legal expenses.
Claim-statements can be presented based on applications made by the respective State body, as well as in cases when the respective official persons fail to take necessary measures to eliminate the violation, or when such information was received in the process of preparing materials or during investigation of a criminal case.
The article 27 states, - “Should the violation of State interests protection be discovered, the prosecutor, or the other respective body authorized by the prosecutor, is to bring a claim to a Court. Before bringing the claim, the Prosecutor has a right to warn respective authorities about the initiation of the claim and to require reimbursement of damages, as prescribed by the Law”.
The Prosecutorial Acts that can be appealed and their appellation methods are prescribed as by the RA Law “On Prosecutor's Office” so by the RA Codes of Criminal and Civil Procedure. Prosecutorial Acts can be appealed to the superior Prosecutor or to the Court.
According to the article 290 of the RA Criminal Procedural Code, the suspected, the accused, the lawyer, the injured and the other participants of criminal proceedings can complain to the Court the decisions and actions of a Body of Inquiry, an Investigator, a Prosecutor, a Body of Implementing Operative-Search Activities, if their complaints were not satisfied by the prosecutor.
Above-mentioned persons have a right to appeal to the Court concerning the refusal of the Body of Inquiry, the Investigator or the Prosecutor to accept reports on crimes; to initiate a criminal case, as well as to appeal their Decisions on suspension or ceasing of the criminal case, or on discontinuation of the criminal prosecution.
Any appeal, except appeals against the Decision on refusal to initiate the criminal case, can be brought to the First Instance Court of the respective territory (according to the place of the seat of the Body issued the Decision), in a month period. An appeal against the Decision on refusal to initiate the criminal case can be brought, according to the article 185 of the RA Criminal Procedural Code, to the superior Prosecutor or to the Court of Appeals.
Based on the appeal, the Prosecutor either abolishes the Decision on refusal to initiate the criminal case and initiates the criminal case, or approves the legality of refusal of the criminal case initiation. Court of Appeals is liable either to rejects the appealed Decision or to approve it. Rejection of the appealed Decision is a ground for Prosecutor to initiate the criminal case.
According to the article 156 of the RA Civil Procedural Code, any person subjected to the administrative liability has a right to appeal to the Court the Decision on implementation of the type of administrative punishment toward him/her prescribed for the committed administrative offence. In case when the Court finds ungrounded the subjecting of a person to the administrative liability in the absence of corpus and situation of administrative offence, as well as in other cases, which exclude the initiation of the administrative case, the Court holds to reject the appealed Decision.