V. H., who was charged with evasion of military service, has been released from criminal liability18:05, June 27, 2018 | News, Own news | Rights of Soldiers/Recruits | Armed Forces
By decision of June 7, 2018, the Court of General Jurisdiction of Lori Region released from criminal liability V. H., who had refused to be conscripted due to disagreement with the decision rendered by the Central Medical Commission on June 7, 2018.
In January 2017, the RA Central Medical Commission declared V. H., who had periodically been granted deferments since 2014, as fit for military service with certain restrictions. However, the conscript, who disagreed with that decision, refused to leave and start performing military service. In his opinion, not having received any treatment during the deferment, his state of health could not have improved; therefore, after being granted a deferment for the same problem, he could not be declared as fit for military service with certain restrictions.
On the ground of evasion of military service, a criminal case was initiated and sent to the court.
As it turned out during the examination of the case, one of the diagnoses, on the basis of which a deferment had been previously granted to the conscript, only had the purpose of an observation; thus, no treatment was needed. This problem was connected with the functioning of his heart. The cardiologist stated before the court that it was of a transitional nature and could disappear without any medical intervention; that is why the deferments had been granted to the conscript.
As regards the other diagnosis, on the basis of which conscripts are declared as unfit for military service, it was given by mistake. The mistake was corrected later.
While the criminal case was being examined at the Court of General Jurisdiction of Lori Region, V. H. was examined by the Medical Commission for Conscription during the winter conscription of 2017 and, being declared as fit for military service, left to the army and is now performing military service.
The Court took into consideration that circumstance and concluded that the act was no longer dangerous to society. Under these circumstances, pursuant to the provisions of the RA Criminal Procedure Code, the defendant can be released from criminal liability.