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In the result of comprehensive investigation criminal prosecution against 19 defendants stopped in Shirak Regional Investigative Department

12.11.2016 17:35

In the result of comprehensive, complete and objective investigation conducted in the framework of the criminal case investigated in Shirak Regional Investigative Department of the RA Investigative Committee on the incidents recorded during the protest action held on January 15, 2015 in Gyumri demanding to pass Valeri Permyakov, accused of murder of the Avetisyans family in Gyumri, to the RA law enforcement bodies, a decision was made to stop the criminal prosecution against all 19 defendants based on absence of crime elements in their actions.  
 

On January 15, 2015 at 17:00 in Garegin Nzhdeh Street in Gyumri a spontaneous meeting, a march, demanding to pass the serviceman of the 102d Russian military base Valeri Permyakov to the RA law enforcement bodies in the framework of the criminal case initiated on murder of the Avetisyans family committed in Gyumri on January 12, 2015, started during which several incidents were recorded; traffic of Garegin Nzhdeh Street in Gyumri was disrupted, several objects were thrown towards the employees of law enforcement bodies.  
 

On January 16, 2015 a criminal case was initiated in Shirak Regional Investigative Department of the RA Investigative Committee, on the base of the initial evidence 19 persons were involved as a defendant for committing hooliganism.
 

During preliminary investigation the investigative body conducted investigatory actions of great volume to provide the comprehensive, objective and complete investigation of circumstances of the case.
 

Inspection of the site was conducted, it included area of about 112 meters, videos of the cameras located in the site were confiscated and inspected. Forensic examinations were commissioned the results of which were received. More than 100 persons, including employees of the RA Police, the residents of the houses located in G. Nzhdeh Street, participants of meetings were interrogated.  
 

Through investigation of the criminal case sufficient evidence were obtained on the allegation that on January 15, 2015 a spontaneous meeting was held in Gyumri and those who had participated in the victims’ funeral also joined the meeting and demanded that the serviceman V. Permyakov accused of murder of the Avetisyans family should be passed to the RA law enforcement bodies. During the meeting some participants of the meeting scolded, some of them threw several objects.  
 

On the base of the obtained evidence while giving legal assessment to the actions of the mentioned persons, the investigative body considered the legal analyses of the Court of Cassation on crime elements of hooliganism, as well. On March 30, 2012 in the case on Shahen Hakhverdyan the Court of Cassation recorded that the committal shall be qualified as a hooliganism only when on the base of the evidence it is grounded that the public order is roughly violated and at the same time disrespect towards society expressed through this violation is obvious.

According to the Court of Cassation in order to qualify the committal as hooliganism in each case it is necessary to consider whether in the result of the committal the members of society have been disturbed seriously.  Besides, it was recorded that disrespect is obvious not because it is committed in public places or in the presence of public members, but because it is committed with the purpose of showing disrespect towards society. In other words, while assessing whether the public order was roughly violated and obvious disrespect was shown to society or not in the mentioned case, it is necessary to find the existence of the subjective side of crime element of hooliganism; that is criminal’s premeditation, purpose to violate public order roughly and show obvious disrespect to society.   
 

On the base of the above-mentioned the Court of Cassation recorded that the committal, gesture, word, etc. cannot be assessed as expression of obvious disrespect towards the society if it is directed to a specific person and is not aimed at expressing obvious disrespect towards society, though the person having committed the committal realizes and in some cases he is obliged to realize that his committal directed to the certain person is visible and perceptible for public.
 

According to the Court of Cassation, in order to qualify the committal as hooliganism it is essential to consider its nature and motive.
 

Hooliganism can be committed out of motives of hooliganism based on unrestrained selfishness, the ambition to enjoy emphasizing the advantage of his own self, the person committing hooliganism tries to prove his independence of the rules of conduct adopted in society, to show his dominance opposing his self to society. At the same time the Court of Cassation emphasized that it is necessary to distinguish motives of hooliganism from person’s emotional condition at the moment of committing the committal. According to the Court of Cassation, when the person’s behavior is directed to a specific person, is conditioned by his unlawful or immoral behavior and is an expression of his emotional condition, crime element of hooliganism is absent.
 

Thus, in the light of the above-mentioned precedential decision of the RA Court of Cassation, the investigator found that in the committals of the persons involved as a defendant in the framework of the criminal case there are no crime features envisaged by the Article 258 of RA Criminal Code and in this case it is necessary to stop the criminal prosecution against the defendants.
 

On November 10 the investigator of particularly important cases of Shirak Regional Investigative Department made a decision to stop the criminal prosecution against the 19 defendants and terminate the proceeding on their part.

 


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