Teenager E. Sahakyan had inflicted injuries on his brother who had mental disability. He repeatedly beat his mother, father and brother as well and caused injuries of different categories to them.
Starting from the very beginning of the investigation of the case the rights of the teenager were infringed. Without a definite status he was taken to the corresponding police department and kept there more than a day without any proper protocol on arrest, and was not allowed to meet his mother or the advocate. However, just few minutes after the visit of Mrs. Anahit Hakobyan, advocate of Yerevan AAC; the boy was questioned and released. Alternative restraint measure was chosen. Since that moment there was some distrust towards the actions of the criminal prosecution bodies, especially of the prober, and the investigator.
While drawing up the indictment the investigator did not take into account and did not even mention some written evidences, which prove that E. Sahakyan had acted beyond the limits of justifiable defense and committed the act issuing from illegal actions the injured party. Other attenuating circumstances, such as the fact that the accused teenager had helped to take his brother to the hospital and deeply regretted for his actions, were not considered as well. In addition, the accused teenager was a good pupil and learnt well and never had any problems at school for his conduct. The investigator considered that the teenager should be punished severely. The prosecutor had confirmed the indictment, which lacked the attenuating circumstances and the act was qualified under Article 112 of the RA Criminal Code as infliction of willful heavy damage to health, which is punished with imprisonment for the term of 3 to 8 years.
During the court investigation the advocate revealed the real circumstances of the case, and in result the court decided to apply period of 1.5 years of conditional discharge.
The success story is borrowed from www.shpak.am.