ArmInfo.Lawyers of 2nd president of Armenia Robert Kocharyan and former defense minister Seyran Ohanyan submitted a petition to the court to suspend the criminal case and send it to the Constitutional Court.
During the trial, under the chairmanship of Judge Anna Danibekyan, Ohanyan's lawyer Karen Mezhlumyan submitted a motion. The lawyer emphasized that the petition, in particular, concerns clarification of compliance of Article 300.1 with the current and previous wording of the RA Criminal
Code to the Armenian Constitution. "Given that a similar case is already being discussed in the Constitutional Court, I think it would be correct if the court waits for the CC's answer on this issue. After all, further consideration of this criminal case is connected precisely with the CC's response," Mezhlumyan emphasized.
The lawyer also emphasized that at one time the criminal prosecution against Nikol Pashinyan under article 300.1 was terminated. Since previously, Pashinyan was charged under Article 300, and the new article involves a new corpus delicti. The court announced a 15-minute break.
Then Robert Kocharyan's lawyer Hovhannes Khudoyan spoke. He also noted that the case concerning the constitutionality of article 300.1 was in the Constitutional Court. Moreover, Khudoyan stated that there is no conclusion of the Constitutional Court on article 300, which was replaced by article 300.1. That is, by analogy with article 300.1, an assessment should be given of the constitutionality of article 300, which was in force at the time of the alleged crime.
It should be noted that in 2009, article 300 was liquidated, and from it, articles 300, 300.1 and 300.2 of the RA Criminal Code appeared in new statements. To recall, 2nd president of Armenia, Kocharian, is accused of overthrowing the constitutional order in the framework of the events of March 1, 2008.