In the Shengavit residence of the Court of General Jurisdiction of the city of Yerevan, the decision on the case of the second President of the Republic of Armenia Robert Kocharyan and the others on the case of March 1 to terminate the criminal prosecution under Article 300-1 of the Criminal Code and to consider the application of the defense party to terminate the proceedings in that part was published.

Judge Anna Danibekyan presided the session.

“The court decided to terminate the criminal prosecution against the second president of the Republic of Armenia Robert Kocharyan and the others under Article 300.1 of the Criminal Code on the grounds of the absence of a crime. Reject the defense’s motion to cancel or reduce the bail applied to Robert Kocharyan.

To terminate the criminal prosecution against Seyran Ohanyan under Part 1 of Article 300․1 of the Criminal Code on the grounds of absence of a crime. Remove the measure of restraint chosen against him – a signature not to leave. To lift the seizure of Seyran Ohanyan’s movable real estate, financial, monetary means, shares, securities and assets.

Terminate the criminal prosecution against Yuri Khachaturov under Article 300․1, Part 1 of the Criminal Code on the grounds of absence of a crime. The measure of restraint chosen against him is to cancel the bail and return the money. To lift the seizure of Yuri Khachaturov’s movable real estate, financial, monetary means, shares, securities and assets.

To terminate the criminal prosecution against Armen Gevorgyan under Article 38-300-1 of Part 1 of the Criminal Code on the grounds of absence of a crime.

To terminate the criminal case against Robert Kocharyan, Seyran Ohanyan, Yuri Khachaturov under Article 300.1, Part 1, and Armen Gevorgyan under Article 38-300․1, Part 1 of the Criminal Code.

To reject the motions of the defense to apologize in writing by the criminal prosecution bodies to Robert Kocharyan, Seyran Ohanyan, Yuri Khachaturov and Armen Gevorgyan.

Leave the civil suit submitted by the victim Arthur Avagyan without examination.”

The court clarified that in the case of Seyran Ohanyan and Yuri Khachaturov, they acquire the status of acquitted, taking into account that the latter were charged only with Part 1 of Article 300․1 of the Criminal Code.

Robert Kocharyan and Armen Grvorgyan are acquitted in the relevant part of the charges, according to which the criminal prosecution against them was terminated on the grounds of acquittal.

Regarding the accusation against Kocharyan, Article 311, Part 4, Clause 2 (receiving a particularly large bribe) and Gevorgyan, Article 311, Part 4, Clause 2 and Article 190, Part 3, 1 – The investigation of the criminal case on the accusation under the pretext of receiving a particularly large bribe, legalizing the property obtained illegally continues.

The Court of General Jurisdiction of the city of Yerevan, presided by Anna Danibekyan, examined the application of the defense to terminate the criminal prosecution of the second President of the Republic of Armenia Robert Kocharyan under Article 300․1 of the Criminal Code and terminate the proceedings in that regard. Defendants demand the termination of the criminal prosecution on the grounds of lack of crime. The prosecutors objected to the motion to terminate the criminal prosecution under Article 300․1 of the Criminal Code. Prosecutor Gevorg Baghdasaryan insisted that the judge should suspend the case and apply to the Constitutional Court to decide on the constitutionality of a number of provisions of the Criminal Procedure Code.

On 26 March, the Constitutional Court published the issue of the constitutionality of Article 300.1 of the RA Criminal Code, based on the applications of the Court of General Jurisdiction of Yerevan and the second President of the Republic of Armenia Robert Kocharyan, recognizing Article 300.1 of the RA Criminal Code as unconstitutional. The second president of Armenia Robert Kocharyan is accused of that very article. The Chief of the General Staff of the Armed Forces in 2008, Seyran Ohanyan, the Deputy Minister of Defense of the Republic of Armenia in 2008, Yuri Khachaturov, and the Chief of Staff of the President of Armenia, Secretary of the Security Council in 2008 Armen Gevorgyan are parties to the case as well.

The footage of the session is available here