Court upheld the appeal on Hayk Khachatryan’s case
20:08, May 21, 2015 | News, Own newsOn May 21, 2015, the RA Criminal Court of Appeal, presided by judge H. Ter-Adamyan, resumed the examination of the appeal by victim’s successor Movses Khachatryan against the ruling of the first instance court of general jurisdiction of Erebuni and Nubarashen administrative districts of Yerevan, RA to discontinue criminal proceedings on Hayk Khachatryan’s case who had died of chickenpox and stop the criminal prosecution against the defendants. The court hearing was attended by defendants Mikayel Mikayelyan and Minas Mkrtchyan as well as their advocates Varduhi Elbakyan and Levon Poghosyan, and prosecutor Anahit Yeghiazaryan. The successor to the victim, Movses Khachatryan, and his representative Mushegh Shushanyan did not attend the court hearing. The presiding judge M. Ter-Adamyan stated that at the previous trial M. Shushanyan informed the Court about his absence and asked to hold the hearing without him. The parties to the trial had no objection, and the Court decided to resume the court hearing without the aggrieved party. Upon learning about the absence of motions to submit evidence for complete trial examination, the judge left to the retiring room. Some 30 minutes later, the RA Criminal Court of Appeals issued the final part of the ruling. Particularly, guided by Articles 390-395, 397 and 399 of the RA Criminal Procedure Code, the Court ruled to uphold the appeal filed by victim’s successor Mushegh Shushanyan, to reverse the ruling of the general jurisdiction court of Erebuni and Nubarashen administrative districts of Yerevan, RA to discontinue criminal proceedings and criminal prosecution against the defendants, and to submit the case to the same court for re-examination by other court officials. At the same time, the presiding judge M. Ter-Adamyan stated that he had a dissenting opinion on the case in question that he would submit along with the ruling to the participants of trial.