Court Rejected Prosecutor General's Appeal
The Criminal Court of Appeal has rejected the appeal filed by the Prosecutor General Artur Davtyan. The prosecutor’s appeal related to Arayik Muradyan's case.
The judge of Lori Regional Court of General Jurisdiction, Lusine Abgaryan, quashed the criminal case against the defense lawyer Araik Papikyan's client Arayik Muradyan. The latter was accused of the attempt to murder.
During both the preliminary investigation and the trial, the defense party demanded that the act be requalified by Article 112 of the Criminal Code, defined as a severe bodily injury, or by Article 113 defined as a light bodily injury. Although the victim did not have any complaints, the prosecution insisted on the accusation. The judge Lusine Abgaryan, however, requalified Arayik Muradyan's act by Article 113 of the Criminal Code and quashed the criminal prosecution based on the absence of the victim's complaint.
The Prosecutor's Office had filed the complaint later than within a 30-day deadline, stating that the essence of justice had been violated. The defense lawyer Arayik Papikyan notes, however, that there is no basis for that.
The Prosecutor's Office demanded that the verdict of 22.08.2018 should have to be overturned, recognizing Arayik Muradyan guilty by the Criminal Code of Armenia, for having committed a crime under Article 34-105, and imposing a sentence of imprisonment for a year’s term. By the way, Arayik Muradyan had been under arrest for about a year.
The judge Mkhitar Papoyan inquired the prosecutor why a one-year imprisonment was wanted when the defendant had already spent almost one year in prison.
The prosecutor did not answer either of the judge's questions.
After returning from the consultation room, the judge denied the appeal, leaving in force the verdict of the Lori Regional Court of First Instance.
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