It is difficult now to comment on the announcement of the criminal case “on the fact of usurpation of power”, where the name of Hrayr Tovmasyan appears, said lawyer Ara Ghazaryan, commenting at the request of Armenian News - NEWS.am on the SIS decision to institute criminal proceedings on the materials collected on the basis of the message of the MP Arman Babajanyan.
“It's hard to comment on the post right now. Because this article has not been applied before, as far as I remember. Since the article presumes, among other things, “by a method other than provided for in the Constitution”, the assignment of the powers of the Constitutional Court, it is necessary to interpret what this implies from the point of view of criminal law. Apparently, on the basis of this provision, a case was initiated, since its other part involves the appropriation of power by force,” he said adding that it is more or less clear on the basis of what was the message of Arman Babajanyan.
According to him, the wording “by another method” is in itself vague, not endowed with legal clarity, and I do not remember that it was applied earlier and I do not remember such a precedent for interpretation. Therefore, at the moment everything is very uncertain how the authorities will justify the corpus delicti.”
As reported earlier, the criminal case was instituted on usurpation of state power. The article provides for imprisonment of ten to fifteen years.