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The issue of immunity of the second President of Armenia had to be solved before he was criminally prosecuted, and this is stated in the decision of the Constitutional Court. This is what lawyer Ara Ghazaryan told Armenian News-NEWS.am as he interpreted the decision of the Constitutional Court.

“The Constitutional Court says immunity as a ground excluding criminal prosecution is missing in Article 35 of the Criminal Procedure Code and there is no mechanism to solve the issue within the scope of criminal procedure. Let’s bring up the example of a judge. The prosecutor addresses the Supreme Judicial Council, solves the issue of immunity and institutes criminal prosecution. This means there is a procedure for a judge, but not one for a president,” the lawyer said.

The lawyer added that the court must consider the decision of the Constitutional Court when touching upon the issue of immunity of second President of Armenia Robert Kocharyan.

Touching upon the interpretation of the Prosecutor General’s Office of the decision of the Constitutional Court, the lawyer stated that, according to the Office, there is no gap in the law, but the decision of the Constitutional Court states completely the opposite.

Earlier, the Prosecutor General’s Office of Armenia had issued a statement stating that there are no grounds for terminating criminal prosecution instituted against Robert Kocharyan by virtue of the decision of the Constitutional Court or for releasing him.

On September 4, the Constitutional Court of Armenia partially granted the application of second President of Armenia Robert Kocharyan, recognizing part 2 of Article 35 of the Criminal Procedure Code of Armenia as contradicting the Constitution and invalid. Thus, the Court recorded that there is no regulation related to immunity among the circumstances excluding criminal prosecution referred to in part 2 of Article 35, which is unconstitutional.

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