Statement of the Court of Cassation regarding Shant Harutyunyan
The Court also stated that according to Article 310, part 2 of the Criminal Procedure Code of RA the defendant is denied the right to participate in trail if there is a ground that he/she suffers from a mental or other serious illness. Therefore, the Court decided to discontinue the proceedings against Shant Harutyunyan till his health condition recovers, and to continue the proceedings of the remaining six defendants.
According to the above mentioned decision the Court addressed the examiners the following questions:
1. Whether Shant Harutyunyan has suffered or suffers from any mental illness or not, if yes, then since when and what kind of illness is that, is it a chronic mental or other serious illness, which has deprived or deprives him from the possibility to realize the nature and importance of his actions;
2. was he compos mentis at the moment of committing a crime he is accused of, which deprived him from realizing the danger of his actions;
3. is Shant Harutyunyan compos mentis at this moment;
4. does Shant Harutyunyan need to undergo compulsory treatment;
5. is Shant Harutyunyan able to attend the trials and answer the questions addressed to him