Tweet
Hrachya's sin is not yet clarified
July 27 2013
Let's them hang the women's rob in the residence of RA government and
the ruling political power The nationalists, when intentionally
deprived prominent journalist Hrant Dink of life, and the Turkish
justice concealed the organizers and provokers of the murder, we
remained silent. But a few days ago in the result of terrible car
accident near the village Podolsk Oznobikhino, which took 18 lives and
40 people were injured, we strongly protest as to why the Russian law
enforcement brought the citizen of Armenia, suspected Hrachya
Harutyunyan from the hospital to the court dressed in women's robe.
The matter reached to the point that the participants of the action
hung a lady's robe on the wall of the Russian Federation Embassy, and
demand sending a note to Russia for this humiliation. In addition, the
information sources are filled with the said topic, one says that the
driver needs to be justified, the other to be extradited a day early,
and individual politicians have politicized the case, and attribute to
exerting pressure by Russia to Armenia, reckoning with the immigrants,
and so on. In fact, there are cases in court practice when the victim
or suspect due to circumstances participated in trial operation
dressed in hospital clothes, and it has never been viewed as
humiliation. I think that instead of inflaming passions it would be
better if Hayazn and other officials send their condolences and
condole to the relatives of innocent victims, sufferers and the
Russian Embassy to Armenia. We all know that Hrachya left for Russia
to earn money for the tomb of his son, killed in the army, so it would
be better to hang the women's robe in the residence of the government
and the ruling political party, as they are to be blamed for
widespread poverty, unemployment, and scattering its people from
door-to-door. Now, let's review the circumstances of the accident and
the criminal-legal nature of the crime. According to preliminary data,
the truck driver failed to yield the passengers' bus riding along the
main road, collided to it, which resulted in the killing and injuring
people. It is evident that the clashing situation was created by the
truck driver, accordingly, the court has selected a preventive measure
of capture of two months against presumed guilty of the accident
Hrachya. With regard to the incident, a criminal case has been
initiated by the RF Criminal Code, Article 264, Paragraph 5, which is
violation of road traffic and transportation operating rules, causing
the death of two or more people, and sentenced for up to 7 years in
prison (the same act is punishable by RA Criminal Code to 4-10 years
in prison). The direct object of discussed crime is considered the
safety of road traffic and vehicle operation, and the subject is the
car, tram, and other mechanical means of transportation. Road traffic
is a system of social relations that occurs during transportation (or
without it) of people and cargo with the help of transport means
within the road, and is regulated by special regulations act (RF `Road
traffic rules', 23.10.93). Exceeding the speed, railway crossing,
breaking the rules of crossing the crossroads, making wrong
overtaking, and so on are considered violations of traffic rules.
Operation of transport means is not allowed when the effective work of
the brake system is not provided, the hydraulic braking mechanisms are
hampered, and so on. This relationship is regulated by basic laws on
responsibilities of officials to ensure road traffic and permit (right
to access) to operate the transport means, as well as by other
regulations and instructions. The objective aspect of the crime is
expressed: a) in violation of the rules on road traffic and operation
of transport means, b) when there is severe damage to human health, c)
when there is a causal connection between the act and the consequence.
The subjective aspect of the crime is highlighted in the norm, is
characterized by display of negligence towards the consequences. Note
that for the accident near Podolsk, there is only the consequence
(people with severe health damage and death), and which rules of road
traffic and operation of the vehicles are violated, and in which they
are clearly expressed, still are not clear, in other words, the above
mentioned circumstances listed in the objective side of the crime, as
well as the key issue of having the technical possibility for the
drivers of transport means to prevent the accident under such
emergency situation, or being deprived of the possibility, is not
assessed. The investigation is connected with specific professional
knowledge, and a judicial-auto-technical complex expertise should be
assigned. In such a case, making noise around innocence or guilty of
the drivers of the transport means, or the official person permitting
to operate vehicle, is unnecessary. The issue of extradition,
according to the `European Convention' in Strasbourg dated 13 December
1957, and related Article 2 of two additional protocols of Paris,
extradition of guilty persons and suspected in the crime, shall be
permitted, but the point is that Hrachya's sin is not still specified
whether he is alleged guilty of the crash performance, so it is
appropriate to wait for the end of the investigation of the criminal
case and the trial.
Aram MKHITARYAN Lawyer, Moscow
Read more at: http://en.aravot.am/2013/07/27/155726/
From: A. Papazian
July 27 2013
Let's them hang the women's rob in the residence of RA government and
the ruling political power The nationalists, when intentionally
deprived prominent journalist Hrant Dink of life, and the Turkish
justice concealed the organizers and provokers of the murder, we
remained silent. But a few days ago in the result of terrible car
accident near the village Podolsk Oznobikhino, which took 18 lives and
40 people were injured, we strongly protest as to why the Russian law
enforcement brought the citizen of Armenia, suspected Hrachya
Harutyunyan from the hospital to the court dressed in women's robe.
The matter reached to the point that the participants of the action
hung a lady's robe on the wall of the Russian Federation Embassy, and
demand sending a note to Russia for this humiliation. In addition, the
information sources are filled with the said topic, one says that the
driver needs to be justified, the other to be extradited a day early,
and individual politicians have politicized the case, and attribute to
exerting pressure by Russia to Armenia, reckoning with the immigrants,
and so on. In fact, there are cases in court practice when the victim
or suspect due to circumstances participated in trial operation
dressed in hospital clothes, and it has never been viewed as
humiliation. I think that instead of inflaming passions it would be
better if Hayazn and other officials send their condolences and
condole to the relatives of innocent victims, sufferers and the
Russian Embassy to Armenia. We all know that Hrachya left for Russia
to earn money for the tomb of his son, killed in the army, so it would
be better to hang the women's robe in the residence of the government
and the ruling political party, as they are to be blamed for
widespread poverty, unemployment, and scattering its people from
door-to-door. Now, let's review the circumstances of the accident and
the criminal-legal nature of the crime. According to preliminary data,
the truck driver failed to yield the passengers' bus riding along the
main road, collided to it, which resulted in the killing and injuring
people. It is evident that the clashing situation was created by the
truck driver, accordingly, the court has selected a preventive measure
of capture of two months against presumed guilty of the accident
Hrachya. With regard to the incident, a criminal case has been
initiated by the RF Criminal Code, Article 264, Paragraph 5, which is
violation of road traffic and transportation operating rules, causing
the death of two or more people, and sentenced for up to 7 years in
prison (the same act is punishable by RA Criminal Code to 4-10 years
in prison). The direct object of discussed crime is considered the
safety of road traffic and vehicle operation, and the subject is the
car, tram, and other mechanical means of transportation. Road traffic
is a system of social relations that occurs during transportation (or
without it) of people and cargo with the help of transport means
within the road, and is regulated by special regulations act (RF `Road
traffic rules', 23.10.93). Exceeding the speed, railway crossing,
breaking the rules of crossing the crossroads, making wrong
overtaking, and so on are considered violations of traffic rules.
Operation of transport means is not allowed when the effective work of
the brake system is not provided, the hydraulic braking mechanisms are
hampered, and so on. This relationship is regulated by basic laws on
responsibilities of officials to ensure road traffic and permit (right
to access) to operate the transport means, as well as by other
regulations and instructions. The objective aspect of the crime is
expressed: a) in violation of the rules on road traffic and operation
of transport means, b) when there is severe damage to human health, c)
when there is a causal connection between the act and the consequence.
The subjective aspect of the crime is highlighted in the norm, is
characterized by display of negligence towards the consequences. Note
that for the accident near Podolsk, there is only the consequence
(people with severe health damage and death), and which rules of road
traffic and operation of the vehicles are violated, and in which they
are clearly expressed, still are not clear, in other words, the above
mentioned circumstances listed in the objective side of the crime, as
well as the key issue of having the technical possibility for the
drivers of transport means to prevent the accident under such
emergency situation, or being deprived of the possibility, is not
assessed. The investigation is connected with specific professional
knowledge, and a judicial-auto-technical complex expertise should be
assigned. In such a case, making noise around innocence or guilty of
the drivers of the transport means, or the official person permitting
to operate vehicle, is unnecessary. The issue of extradition,
according to the `European Convention' in Strasbourg dated 13 December
1957, and related Article 2 of two additional protocols of Paris,
extradition of guilty persons and suspected in the crime, shall be
permitted, but the point is that Hrachya's sin is not still specified
whether he is alleged guilty of the crash performance, so it is
appropriate to wait for the end of the investigation of the criminal
case and the trial.
Aram MKHITARYAN Lawyer, Moscow
Read more at: http://en.aravot.am/2013/07/27/155726/
From: A. Papazian