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04.08.2021 | The RA Court of Cassation belatedly approved the substantiation of the positions of the RA Prosecutor's Office regarding the measure of restraint by the case of “R. Kocharyan and others"

The RA Prosecutor General's Office received the decision of the RA Court of Cassation dated 30.07.2021 on the cassation appeals submitted about a year ago by the RA Prosecutor General A. Davtyan and representatives of the victims, representatives of the legal successor of the victim and the lawyer of R. Kochayan against the decision of the RA Criminal Court of Appeal dated 18.06.2020 concerning the defendant by the criminal case R. Kocharyan.


It should be reminded that the RA Criminal Court of Appeal by its above-mentioned decision of 18.06.2020 satisfied the appeal of R. Kocharyan's lawyers, partially rejected and changed the decision of the Court of First Instance and by canceling detention as a measure of restraint against R. Kocharyan, as a measure of restraint against him was chosen bail in the amount of 2 billion AMD.


The RA Prosecutor General requested the RA Court of Cassation by his appeal to reject the decision of the RA Court of Appeal on the use of bail as a measure of restraint against R. Kocharyan and to apply detention as a measure of restraint against him by a new judicial act.


In the decision, the RA Court of Cassation almost completely accepted the reasoning of the RA Prosecutor's Office, agreed with the position of the Prosecutor's Office that at this stage of the investigation only measure of restraint in the form of detention could ensure the proper behavior of the defendant R. Kocharyan.


The Court of Cassation considered the position of the Court of Appeal unacceptable that over time the risks of possible misconduct by the defendant R. Kocharyan decreased to the extent that it is no longer possible to consider detention as a measure of restraint.


In this sense, the consideration of the RA Court of Cassation is noteworthy regarding the fact that R. Kocharyan was charged with criminal acts that were allegedly committed in the sphere of his official activities and the persons involved in the case were dependent on him, while others by the case pass as accomplices of the defendant. Therefore, according to the Court of Cassation, the position that R. Kocharyan held for many years, authority and connections, as well as the nature of the crimes incriminated to him, indicate about the interference in the investigation of the case, the presence of risks of possible unlawful influence in relation to the participants in the proceedings.


The RA Court of Cassation considered that under the conditions of factual circumstances, the bail could not be an effective measure to restrain the possibility of R. Kocharyan's manifestation of improper behavior in case of being free.


Despite this and other legal conclusions, the RA Court of Cassation by its decision rejected the appeal of the RA Prosecutor General, in essence only with the justification that, before rendering a decision by the case, on the basis of the relevant decision of the RA Constitutional Court by 1 criminal act incriminated to R. Kocharyan under Part 1 of Article 300.1 of the RA Criminal Code, within the framework of which the main conclusions were drawn that there was no alternative to detention as a measure of restraint against him, the criminal prosecution was terminated.


At the same time, by this rdecision, the Court of Cassation also rejected the appeal submitted by R. Kocharyan's lawyer regarding the application of a measure of restraint against his client - a personal guarantee or a reduction of the amount of applied bail.