Friday, April 2 2021 14:20

ArmInfo.On April 1, 2021, RA Prosecutor General Artur Davtyan applied to the Constitutional Court in a criminal case against Robert Kocharian and others.  

As reported by the press service of the RA General Prosecutor's Office, the  statement contested Part 1 and Part 4 of Art. 35 of the RA Criminal  Code, part 3 of Art. 309-1 of the RA Criminal Code, as well as the  interrelated provisions of Part 5 of Art. 35 of the RA Criminal Code  and Part 2 of Art. 366 of the RA Criminal Code. Compliance with Part  1 of Art. 61, part 1. Art. 63, art. 75, paragraph 3, part 2 of Art.  176 of the RA Constitution to the extent that immediately after the  occurrence of a circumstance precluding proceedings in the case in  connection with the legal qualification of a specific action of the  accused, it entails the obligation of the prosecutor to drop the  charge, and the court - to terminate the criminal prosecution,  preventing the accused from re-qualifying its action in the case when  it contains other signs of an act not permitted by the RA Criminal  Code and signs of such an act, the circumstances of which are  excluded in the proceedings. The Prosecutor General's Office is  convinced that in this way they do not guarantee the victim's right  to judicial protection; fair trial; do not provide for the  organizational structures and procedures necessary for the effective  exercise of these fundamental rights; deprive the defense of the  prosecution as a system for ensuring these rights, leading to a  violation of its procedural interests.  Having described in detail  the comments on each of the above articles, the Prosecutor General's  Office expressed the conviction that only after the decision of the  Constitutional Court on the issue raised it will be possible to take  a legal procedural position regarding the further fate of the  criminal prosecution of the defendants in this criminal case.

The Constitutional Court (CC) on its official website on March 29  published the full text of the decision made on March 26 in the case  of the second President of Armenia Robert Kocharian. In particular,  the Constitutional Court recognized the article on overthrowing the  constitutional order incriminated to Robert Kocharian and two of his  former subordinates, accused in the March 1 case, as contrary to the  Constitution and invalid. Arman Dilanyan, Chairman of the  Constitutional Court, read out only the final part of the decision.

In its 42-page decision, the High Court concluded that article 300.1  of the Criminal Code, which provides for a punishment of 10 to 15  years in prison, contradicts Articles 78 and 79 of the RA  Constitution. These articles deal with the principles of  proportionality and certainty of laws.  The Constitutional Court  notes in its decision: "No one can be convicted for such an action or  inaction that at the time of the commission was not a crime. A more  severe punishment cannot be imposed than that which was applicable at  the time of the commission of the crime>.

In 2008, when post-election clashes between protesters and security  forces broke out in Armenia and 10 people were killed in the center  of Yerevan, there was no article 300.1 in the Criminal Code on  overthrowing the constitutional order. The Constitutional Court also  notes that, according to Article 73 of the Constitution, "firstly,  laws and other legal acts that worsen the legal status of a person  are not retroactive. And secondly, laws and other legal acts that  improve the legal status of a person are retroactive if provided for  by these acts>.

After the publication of the verdict, Kocharian's defense demands an  end to the illegal criminal prosecution of his client. This issue is  being considered at today's court session in the case of Kocharyan  and others.