According to the Article 56.1 of the Constitution, the President of the Republic shall be immune. During the term of his or her powers and thereafter, the President of the Republic may not be prosecuted and subjected to liability for actions deriving from his or her status.
The President of the Republic may be subjected to liability for actions not related to his or her status after the cessation of his or her power, Edward Fitzgerald, a member of Robert Kocharyan's defense team, Lawyer Associations in United Kingdom, told  Yerevan.today

"The president's authority to declare a state of emergency is a classic authority given to the president of the country. That is to say, the president has a certain functional immunity for such actions. This principle is recognized in the Constitution of the Republic of Armenia and in international law. if the President has acted within the scope of his official authority, he must have a functional immunity. Moreover, in my opinion, the immunity applied by the Court of Appeal was formerly correct and should continue to operate," he noted, adding that the President was authorized to declare a state of emergency in accordance with Article 55 (14) of the Constitution.

"In my opinion, there were reasonable grounds to declare a state of emergency, and the President of the Republic had a quite wide discretion to assess whether to apply a state of emergency, taking into account the circumstances."