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Proceeding of Criminal Case on Murder Committed at «Varda» Night Club Terminated; Club Manager Committed Action in State of Necessary Defense

22.05.2019 14:49

Preliminary investigation of the criminal case initiated on 28 year-old man's murder was completed in Ararat Investigative Department of the RA Investigative Committee. The proceeding of the criminal case was terminated. 

It was earlier informed that on August 6 early in the morning stabbing was committed near the night club “Varda” located on Yerevan-Yeraskhavan road.

The investigatory-operative group immediately left for the scene and found a young man's body with traces of violence, cut-pierced wound on the abdomen.

A criminal case was initiated in Ararat Regional Investigative Department of the RA Investigative Committee according to the Part 1 of the Article 104 of RA Criminal Code. It was found out that the dead person was a resident of Ararat province, 28 year-old Artur Sahakyan. The latter was found the victim.

Through investigation actual data were obtained on the allegation that the young man had sustained bodily injuries incompatible with life during the argument that took place near the night club. Through investigation data were also obtained that 34 year-old manager of the club had also sustained bodily injuries during the same argument.

Investigatory actions of great volume were conducted within the criminal case – inspection of the scene, interrogations, a number of forensic examinations, including forensic medical examination of the body, forensic medical, forensic biological, forensic trace, forensic micro particle, forensic material examinations were commissioned to find out circumstances significant for the criminal case, the results were received.

Through preliminary investigation it was particularly found out that on August 6, 2018 at about 15:00 at the area in Ayntap village of Ararat province in front of the night club «Varda» an argument took place between Artur Sahakyan and the club manager during which they stabbed each other.

During preliminary investigation the motive of the argument was found out.

Pursuant to investigation data, the club manager and Artur Sahakyan were in tense relations and the club manager forbade him to enter the night club because he displayed disrespect to club employees, enjoyed his time in the club on condition that he would pay later.

On August 6, 2018 at about 03:00 Artur Sahakyan together with his friends arrived in the mentioned night club, entered the hall where the employees prohibited him to enter the club.

In order to get clarifications Artur Sahakyan went to the night club manager's working room where the latter again forbade him to enter the night club.

On the same day from 04:00 to 05:30 Artur Sahakyan returned to the night club and argued with the club manager. During the argument they stabbed each other with cutting-piercing items.

It was found out that Artur Sahakyan stabbed the night club manager on his vital organ – on the frontal part of the head. Having no option the club manager, realizing that Artur Sahakyan did not stop encroachment against his life, caught the latter's hand and seized the knife. During it A. Sahakyan continued waving the knife in his other hand towards the director and the latter, being exhausted and not able to protect himself with fists tried to stab Artur Sahakyan on his leg with a knife seized from him but the blow hit on his abdomen inflicting heavy bodily damage which caused A. Sahakyan's death.

On August 6, 2018 charge was pressed against the club manager according to the Part 1 of the Article 104 of RA Criminal Code. The investigator submitted a motion to court to use detention as a pretrial measure against him which was sufficed.

On November 5, 2018 by the decision of deputy prosecutor of Ararat province detention chosen as a pretrial measure against the club manager changed and signature not to leave was chosen as a pretrial measure against him.

Preliminary investigation was completed.

The evidence collected within the criminal case through investigatory actions was subjected to comprehensive and objective examination by the investigative body. On the base of the obtained evidence a decision was made to stop the prosecution on the base of the absence of crime, to abolish the pretrial measure used and to terminate the proceeding of the criminal case.  

Thus, summing up the evidence obtained through investigation it was grounded that the defendant's actions apparently correspond to all conditions of necessary defense.  

Based on the above-mentioned and considering the evidence obtained in the result of comprehensive investigation prosecution against the defendant – 34 year-old manager of the night club according to the Part 1 of the Article 104 of RA Criminal Code was stopped as prescribed by the Article 42 of RA Criminal Code (necessary defense) based on the fact that the committal was legitimate as prescribed by the Point 3 of the Part 1 of the Article 35 of RA Criminal Procedure Code.

Investigator's decision to stop criminal proceeding on the base of absence of crime, to abolish the pretrial measure used and to terminate the proceeding together with the criminal case was sent to the prosecutor supervising the legality of preliminary investigation to verify the legitimacy and validity of the decision.

Note; Everyone charged with alleged crime offence shall be presumed innocent until proved guilty according to law.

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