Appeal to Be Filed in Kocharian Case at the Court of Appeals

Gor Abrahamyan, an advisor to the Attorney General of Armenia, wrote on his Facebook page:

“To clarify, according to point 10.1 of Article 6 of the Criminal Procedure Code of Armenia, a court's decision to suspend the proceedings of a criminal case is considered a judicial act that does not resolve the case on the merits.

Although, under the first part of Article 427 of the Code, the decision of the first instance court, which does not resolve the case on the merits, comes into force at the moment of its issuance, according to point 3 of Article 376.1 of the same Code, decisions by first instance courts to suspend proceedings in a case are subject to appeal through a review process.

In this regard, it is lawful to file an appeal against the judicial act of the Yerevan Court of First Instance, which suspended the proceedings regarding the events of March 1 and 2, 2008, and sent the issue to the Constitutional Court.

The Prosecutor General's Office of Armenia has studied the mentioned judicial act and is currently preparing an appeal to be submitted to the Court of Appeals against it.”