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Materials of Criminal Proceeding on Domestic Violence are Sent to Court; RA Investigative Committee Informs and Warns

14.12.2022 12:12

The RA Investigative Committee takes active measures aimed at realization of purposes arising from criminal law, protection of the rights of the persons affected by violence and ensuring the inevitability of the criminal liability of the perpetrators within the fight against domestic violence.

Particularly, within the criminal proceedings initiated only in Armavir and Tavush Regional Investigative Departments of the RA Investigative Committee 6 cases of domestic violence on physical impact, failure to comply with an urgent intervention order or protective order in the mentioned provinces have been disclosed in recent months and the materials of the criminal proceeding on them have been sent to court with the bill of indictment.

Thus, through investigation it was found out that in several months separate residents of Ararat province (the village of Mrgashat), Tavush province (the village of Lusadzor, the settlements of Ayrum, Koghb, Aygedzor. N.Aghbyur) pulled their wives during the argument, scolded, hit them with a fist on different parts of their bodies causing physical pain.

Moreover, in separate cases the persons have committed these harassments breaching the orders on urgent intervention order “On prevention of domestic violence, protection of persons subjected to domestic violence and restoration of family solidarity” envisaged by the RA Law – that is the orders on the ban on approaching the affected relative from a certain distance.

In two other cases it was found out that the parent had beaten minor son causing bodily injuries not containing elements of light damage.

On the base of the sufficient evidence obtained through the above mentioned criminal proceedings charges have been pressed against 6 persons, accordingly, by the investigative bodies.

Preliminary investigation on them has been completed and the materials of the criminal proceeding, with the bill of indictment, have been sent to court.

The RA Investigative Committee considers it necessary to inform and warn that according to the legal regulations envisaged by the RA current Criminal Code which has entered into force since July 1, 2022 in case of some crimes such as murder, infliction of heavy, light bodily damage or damage of medium gravity, illegal deprivation of freedom, mental or physical impact and so on, committing the crime by a close relative is considered an aggravating circumstance.

Besides, although the person having committed a crime envisaged by a number of articles of the RA Criminal Code, such as infliction of heavy, light bodily damage or damage of medium gravity, infliction  of heavy damage or damage of medium gravity by negligence, mental or physical impact and so on, can be subjected to criminal liability only on the base of a criminal claim (complaint) filed by the affected, that is the criminal prosecution is conducted in a private manner, however, within the crimes on violence in the family, by the prosecutor’s initiation, the criminal prosecution is conducted in a public manner, regardless of the filing of a criminal complaint or the withdrawal of a criminal complaint, for example on the basis of a settlement.

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

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