The Constitutional Court will examine Robert Kocharian’s application on August 29

On August 29, the Constitutional Court will examine the application of the key accused in the March 1 case, the second president of Armenia, Robert Kocharyan, in the written procedure. Accordingly, the accused Kocharyan asks the high court to check the constitutionality of two articles of the Code of Criminal Procedure: the grounds for applying a restraining order and the circumstances excluding the proceedings or prosecution of a criminal case, Azatututa writes.

Apart from this application, there are several other applications in the high court in the case of the second president. Months ago, Kocharyan’s representative appealed to the CC with a request to determine the constitutionality of Article 300.1 of the Criminal Code, the provision on subverting the constitutional order, and the essence of the institution of the president’s immunity.

Judge before suspension Davit Grigoryan appealed to the CC, asking to verify the constitutionality of Article 300.1 of the Criminal Code implicating Kocharyan. Grigoryan also asked to verify the essence of the president’s immunity institute. The Constitutional Court made a decision to consider the two applications under Article 300.1 and combine them in one proceeding. Then the high court decided to suspend the investigation of this case and send it to international institutions, the European Court of Human Rights and the Venice Commission of the Council of Europe, asking for an advisory opinion on Article 300.1 of the Criminal Code.

As for the other issue of the application of the judge Davit Grigoryan, whose authority was suspended in another criminal case a month ago, the institute of immunity of the president, the high court refused to examine it. At that time, Alvina Gylumyan, a member of the Constitutional Court, told “Azatutyan” that the high court refused to examine the issue of the immunity of the president, because they do not have a separate authority to interpret the constitutional norm, they can do it if the disputed issue is expressed in the corresponding norm of the law. In this case, the immunity of the president is mentioned only in the main law, there is no such provision in the Criminal Code.