04.10.2022 | The guilt of the commander of Road Police was affirmed. The preliminary investigation on the case of hitting on the crossroad of Leo-Paronyan is coming to end

The preliminary investigation of the criminal proceedings initiated by the Investigative Committee regarding the fact that Sona Mnatsakanyan was hit by a car at the crossroad of Paronyan - Leo streets in Yerevan City causing death by negligence and is coming to end:  it will be sent to the court for examination on the merits.

 

According to the preliminary investigation of the case, the body conducting the proceedings has confirmed that A. N., during his service escorted special vehicles on April 26, 2022 at 18:19 in Toyota Prado car attached to him, registration number 505 II 01, has committed a number of violations. In particular, committed violations in escorting of special vehicles contrary to the requirements of Article 23, Part 3, Point 28 of the Law "On Ensuring Road Traffic Safety created an emergency situation and hit a pedestrian crossing with the front right side of the car. The pedestrian was Sona Mnatsakanyan who was crossing Paronyan Street with calm steps from left to right in the direction of her course, when it was green traffic light, but in the result the death of the latter was caused by negligence. Then, A. N., violating the requirements of Article 24, Part 4 of the Law "On Ensuring Road Traffic Safety", left the scene of the traffic accident and drove away.

 

At the same time, the prosecutor supervising over the legality of the mentioned criminal proceedings, discussing the motion received from the investigator of the Prosecutor's Office of Yerevan regarding the case of September 26, 2022 connected with Aram Lorsabyan, the leader of the convoy of special vehicles, Artur Sahakyan, who regulates the traffic at the crossroad Paronyan - Leo streets in Yerevan, the responsible person of the cortege Grigory Arakelyan and the victim Sona Mnatsakanyan, decided not to initiate criminal prosecution according to Article 12, Part 1 of the Criminal Procedure Code and Article 247, Part 2 of the former Criminal Code and granted the motion. It was confirmed that at the moment before the hitting, A. L. who was regulating the crossroad of Paronyan and Leo streets in Yerevan was in the regulatory position defined by Sub-point 2, Part 16 of the RA Criminal and committed actions derived from the requirements under Point 17 of the same rules, that is to say, the rules of insuring road traffic safety, where the corpus delicti was absent according to Article 2, Part 2 of the former Criminal Code.

 

Referring to the actions committed by G. A. and A. S., the prosecutor fixed in his decision that the disposition of Article 247 of the former Criminal Code of the Republic of Armenia should be considered according to normative legal act regulating the actions of road traffic participants, in the frame of Article 18 of the Decision of the Government 1467-N of 18.08.006 on "Escorting of special vehicles", according to which the responsible leader of the cortege and the leader (senior of the escort group) bear personal responsibility during the escorting of special vehicles to maintain the prescribed traffic speed. However, the mentioned decision contains only a general demand for maintaining the specified speed of traffic, without defining the specific mechanisms for its implementation, that is, there is a gap of such norm regulated by law or other normative legal acts, which would define the persons, in this case. Then, considering the actions of A. S. and G. A. in the light of the factual data obtained in the criminal proceedings and the legal regulations set out above, it was confirmed that the actions of the latter do not constitute the criminal offense provided for in Article 247, Part 2 of the former Criminal Code of the Republic of Armenia.

 

At the same time, the prosecutor stated in the same decision, that the factual data obtained in the criminal proceedings prove that the victim Sona Mnatsakanyan crossed the roadway on the pedestrian crossing, with a green light, and at the same time, insufficient factual data was obtained that would confirm, that for the latter, the officer's actions regarding the prohibition of crossing the road with a green light were visible and perceptible, under such conditions, corpus delicti was absent in his action according to Article 247, Part 2 of the former RA Criminal Code.