In a conversation with Iravaban.net, attorney Marat Atovmyan revealed that he recently handled a case where his client was charged by the prosecutorial investigative body for allegedly making threatening phone calls to a patrol service company commander.
A criminal case was initiated under Article 490 of the Criminal Code, which establishes criminal liability for making threats against a judge, prosecutor, investigator, head of investigative body, inquiry body, attorney, representative, expert, or enforcement officer.
This situation raises a legal interpretation question: can a patrol service officer be considered an inquiry body, and is Article 490 applicable in this case?
“The investigator submitted a motion requesting house arrest as a preventive measure for the accused, along with restrictions including prohibition of phone conversations, correspondence, and communication with other individuals.
During the hearing, I first raised this legal question and conducted an analysis of several legal norms. I conveyed to the court my conviction that a patrol service officer or employee does not legally qualify as an investigator, therefore Article 490 should not be applied in this case,” said the attorney.
It should be noted that the case is being heard in the Charentsavan Court, and the motion was partially granted, implementing administrative supervision and prohibition of absence as preventive measures.
Details in the video.