02.03.2022 | The Prosecutors within the framework of protecting the rights of victims of domestic violence who are in a helpless state during 2021 initiated 51 criminal cases

The generalization carried out in the RA Prosecutor's Office showed that during 2021 556 criminal cases regarding the cases of domestic violence were investigated in the territorial subdivisions of the RA Investigative Committee.


Under part 4 of Article 183 of the RA CPC, the prosecutor has the exclusive right to initiate a criminal case on all cases of domestic violence without a complaint from the applicant, when the person is in a helpless state or is dependent on the perpetrator and cannot defend his legitimate interests by force of fact.


Based on this legal regulation, during 2021, prosecutors of the territorial divisions of the prosecutor’s office initiated 51 criminal cases, compared to 2020, about 3.5 times more.


Most criminal cases have been initiated on cases of domestic violence committed in Shirak, Lori, Ararat and other regions of the Republic of Armenia, mainly under Articles 117, 118 and 37 of the RA Criminal Code.


Moreover, some of them were initiated by prosecutors on the basis of materials prepared by the criminal procedure bodies in the relevant departments of the RA Police. In a number of cases, prosecutors initiated criminal cases after verifying the legality of decisions to refuse to initiate criminal proceedings.


In order to ensure the proper performance of the above-mentioned prosecutorial function, established by part 4 of Article 183 of the RA Criminal Procedure Code, on behalf of the RA Prosecutor General, a manual was developed for prosecutors back in 2018. According to the latter, in each case of domestic violence, it is mandatory to verify the fact that the victim of violence is in a helpless state or is both financially and non-materially dependent on the alleged perpetrator.


In this regard, prosecutors supervising the legality of proceedings, after all the above actions, organize a reception of the victim of violence in order to personally verify whether the victim was in a helpless state or dependent on the person who allegedly committed the crime.


In general, in 2021, 129 cases of domestic violence against 135 persons were sent to court along with the indictment.


It should be noted that in 2021, the RA Court of Cassation, having satisfied the complaint of the RA General Prosecutor’s Office, issued an important precedent decision by cases of domestic violence.