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07.10.2021 | The RA Court of Cassation partially satisfied the complaint of the Prosecutor's Office regarding the use of detention as a measure of restraint against the accused A. Minasyan

By the decision made on 04.10.2021. The RA Court of Cassation partially satisfied the cassation appeal filed by the RA Prosecutor's Office by the criminal case initiated on 13.11.2020 in the Investigative Department of the National Security Service of the Republic of Armenia under Part 1, Art. 35-300, Art. 35-305 and Part 2 of Art. 235 of the Criminal Code of the Republic of Armenia.

 

Both the Court of First Instance of General Jurisdiction of Yerevan and the RA Criminal Court of Appeal rejected the petitions of the Prosecutor's Office and the body conducting the proceedings regarding the application of detention against A. Minasyan as a measure of restraint due to the absence of reasonable suspicion.

 

The Deputy Prosecutor General of the Republic of Armenia contested the said decisions made by the lower courts, insisting that the conclusions ascertained are not substantiated and do not follow from the factual data obtained during the investigation.

 

In particular, in the cassation appeal was indicated that A. Minasyan was able to plan the commission of the crime, without obstacles to acquire weapons, ammunition, explosives, the amount of which indicates that in this case he acted with other persons. Therefore, A. Minasyan, being not in the custody, can interfere with the investigation of the case.

 

Taking into account the above and other circumstances, the Deputy Prosecutor General of the Republic of Armenia petitioned to cancel the decisions of the court of first instance and the court of appeal and issue a judicial act regarding the application of detention as a measure of restraint against A. Minasyan.

 

Therefore, the RA Court of Cassation considers that there is a reasonable suspicion in connection with the charge brought against A.M., under Part 2 of Art. 235 of the Criminal Code of the Republic of Armenia, in which case it became necessary to conduct a new investigation regarding the grounds for the conclusion.

 

Based on the above-mentioned, the RA Court of Cassation partially satisfied the complaint of the RA Prosecutor General's Office, annulled the decisions of lower prosecutors and sent the case to the court of first instance for a new investigation for detention.

 

Notice: Every person suspected in or charged with a criminal offense shall be presumed innocent unless proved guilty in the manner prescribed by the RA Criminal Procedure Code and unless the verdict comes into legal force.