Charges Against Robert Kocharyan and Others in March 1 Case May Be Requalified: Constitutional Court to Publish Decision

The Constitutional Court partially accepted the Supreme Court's request on July 22, concerning the case involving the second President of Armenia Robert Kocharyan, former Deputy Prime Minister Armen Gevorgyan, former Minister of Defense Seyran Ohanyan, and former Chief of the General Staff Yuri Khachaturov, in relation to the events of March 1.

According to Armenpress, the Supreme Court addressed the Constitutional Court regarding the interpretation of Article 309.1, Part 3, and Article 35, Parts 1, 4, and 5, as well as Article 366, Part 2 of the 1998 Criminal Procedure Code of Armenia, in terms of their compatibility with the Constitution.

The Constitutional Court decided that Article 309.1, Part 3 of the 1998 Criminal Procedure Code of Armenia is in accordance with the Constitution, interpreting that the prosecutor has the right to change the charges against the accused before the court enters deliberation, provided there are attributes of other offenses defined by criminal law, irrespective of the evidence examination during the trial, if the Constitutional Court nullifies the norm of the Criminal Code under which the act attributed to the accused was classified as unconstitutional.

As a result, the charges against Robert Kocharyan and the former high-ranking officials may be requalified. The full text of the decision will be published within three days.

On March 26, 2021, the Constitutional Court ruled that Article 300.1 of the Criminal Code of Armenia (which pertains to the overthrow of the constitutional order), under which Kocharyan and the others were accused, was not in accordance with the Constitution, leading to the cessation of criminal prosecution against them, as the prosecutor was unable to requalify the charges.