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On November 2, 2020, the commander of the rifle company ordered the personnel of the military position to retreat. The Prosecutor sent the case to the Court

04/08/2023

On November 2, 2020, H.V., the Commander of the rifle company of N Military Unit of the Defense Army, during the martial law, in the conditions of military operations, not having the Senior Commander's order or permission to retreat from the occupied military positions, instead of suspending the enemy troops offensive, without any grounds ordered the personnel of the military position to retreat, in the result of which the personnel left the positions.

 

Then, V.H., under the pretext of having a physical injury that did not contain light damage characteristics in the form of " injury, scratch, swelling of the soft tissues of the left knee joint region", applied for medical assistance and was released from official duties for several days.

 

After recovering and returning to the line, on the night of November 5-6, 2020, V.H., having learned that he is included in a military mission with the company staff, tried to convince A.M., a Sergeant cause an artificial harm to his health. After receiving a rejection from Sergeant A.M., V.H. decided to maim himself. On November 6, 2020, on the way to the combat position, V.H. shot himself in the right hip with a rifle mounted on him, causing medium damage to his health with protracted health disorder.

 

By the order of the commander of the RA Desense Army dated February 16, 2021, V.H. was relieved of his post.

 

On July, 22, 2023, the supervising prosecutor initiated public criminal prosecution against V.H. under Article 364(3) /refusal by a serviceman from performing one’s military service or some duties thereof/ and Article 363(5) / Evasion from military service by maiming or feigned disease/ of the RA Criminal Code, adopted on 18.04.2003.

 

On August 1, 2023, the prosecutor sent the materials of the criminal proceedings with an indictment to the Criminal Court of First Instance of Syunik region.

 

Notice:  A person charged with any crime shall be presumed innocent until proved guilty in the manner prescribed by the RA Criminal Procedure Code—by the judgment came into legal force.