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Charge pressed against husband for beating wife; according to investigator there is a risk of continuing violence against wife

05.12.2016 19:28

In the framework of the criminal case investigated in Syuniq Regional Investigative Department of the RA Investigative Committee charge was pressed against husband for using violence against wife though during preliminary investigation the wife took back the complaint she had submitted against her husband.
 

On November 7, 2016 a report was received from the resident of Syuniq region informing that on November 6 at about 17:00 a row on domestic affairs erupted in their house during which the husband used violence against her.  
 

On the base of the resident’s report a criminal case was initiated in the Police according to the Article 118 of RA Criminal Code and was sent to Syuniq Regional Investigative Department of the RA Investigative Committee. The investigator received the criminal case in his proceeding and conducted necessary investigatory actions to provide the comprehensive, objective and complete investigation of circumstances of the case.
 

During the investigation sufficient evidence were obtained on the allegation that the spouses periodically argued with each other, they had an irreconcilable life. During the argument on domestic affairs on November 6, 2016 the husband used violence against wife hitting her on the head and different parts of the body.
 

According to the conclusion of forensic medical examination commissioned against the wife bodily injuries not containing elements of light damage were inflicted to her health.
 

On the base of the sufficient evidence obtained through investigation charge was pressed against husband according to the Article 118 of RA Criminal Code, signature not to leave was chosen as a pretrial measure against him.
 

On November 23, 2016 the woman submitted an application to Syuniq Regional Investigative Department of the RA Investigative Committee telling that she had not any complaint against her husband. However, based on precedential decisions of European Court of Human Rights and Court of Cassation the investigator did not stop the criminal prosecution against husband.
 

Thus, European Court of Human Rights expressed legal positions that “the state shall not only carry out the functions defined by law, but also act out of requirement of efficient implementation of practice”, “the bigger the crime continuing risk in future is, the bigger is the probability that the criminal prosecution against the person having committed the crime must be stopped out of society interests even in cases the applicants take back their complaints”, “in many cases the intervention of domestic government bodies even in personal or family matters can protect the people’s life and health, as well as prevent further criminal actions”.  
 

Through investigation it was found that some years ago in 2012 a call on violence used against the wife in the same family was received in the Police but the initiation of the criminal case was dismissed based on the absence of complaint by the wife. 
 

Considering the obtained evidence on the allegation that the spouses have an irreconcilable life and the violence against the wife can be continuous, based on judicial precedents and the RA IC Chairman’s order on confirming the guidebook on the unity to initiate a criminal case in private charge procedure or to dismiss the initiation of the criminal case, the investigator did not stop the prosecution against husband in the absence of the woman’s complaint and the criminal case with the bill of indictment was sent to the prosecutor supervising the legality of preliminary investigation.


Note; Everyone charged with alleged crime offence shall be presumed innocent until proved guilty according to law.


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