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07.10.2022 | Возможность освобождения подсудимого, совершившего особо жестокое убийство в Лори, была признана недопустимой: суд полностью удовлетворил апелляционный протест прокурора

On June 7, 2022 the Court of General Jurisdiction of the First Instance of Lori Region made a decision against canceling the detention chosen against K. Q. and choosing bail as a preventive measure against the latter. The amount of bail was established 15 million AMD, which was paid on June 16, 2022, and the defendant was released from arrest.

 

Let's remember still on January 15, 2019, G. M., born in 1978, was brought to the " Medical Center of Spitak" in an agony state with a gunshot wound in the abdomen, amputation of the left ear and a cut wound in the right ear, died without regaining consciousness. K. Q. was arrested. According to decision of 18 January, 2019 of the investigation body, he was involved as an accused and was charged under Article 104, Part 2, Point 5 and Article 235, Part 1 of the RA Criminal Code. Detention was chosen as a preventive measure.

 

On June 24, 2022, the prosecutor filed an appeal against the decision of the Court of General Jurisdiction of First Instance of Lori Region, stating that:

 

  • The circumstance of exerting influence on the witnesses by the defendant K. Q. still remains,

 

  • The seriousness of the crime and the severity of the punishment may prompt a person to hide from the investigation or hinder the disclosure of the truth in the case (imprisonment for a period from twelve to twenty years, or life imprisonment is envisaged for such a crime),

 

  • In addition, tools of the crime - the gun and the knife, have not been found yet, the risk of hiding materials important to the case by the defendant has not decreased, which was not considered by the court of first instance.

 

The prosecutor found that the decision of the court to replace detention with bail as a preventive measure against defendant K. Q. is apparently not justified.

 

In this context, special attention was also drawn to K. Q.’s personality and the following circumstances which are essential for forming an objective understanding and the degree of severity of the act he is accused for.

 

  • He committed the crime in an armed group with firearms and knives, with particular brutality.

 

  • The crime was committed in a public institution, in the office of an insurance company.

 

  • He acted with particular cruelty toward the victim, in particular, he cut the eardrums with a knife and amputated the left eardrum of the victim who had already received gunshot wounds and was begging for help, etc.

 

The Criminal Court of Appeal, after examining the appeal of the prosecutor, fully agreeing with the adjustments of the filed appeal, made a decision on October 6, 2022 on abolishing the decision of the court of first instance No. LD2/0085/01/19 of June 7, 2022 on replacing the defendant K. Q.’s detention with bail, and to overturn the defendant's petition, recognizing the possibility of releasing him inadmissible.