«Dismissal» used as disciplinary penalty against investigator
Through service investigation conducted in the Department of Internal Security of the RA Investigative Committee sufficient data were obtained on breaches of the norms envisaged by RA Criminal Procedure Code committed by an investigator within the criminal case investigated in his proceeding.
In the result of service investigation conducted in the RA IC Department of Internal Security on the base of the motion of Deputy Chairman of the RA Investigative Committee, Head of General Military Investigative Department it was found out that the investigator of the fourth garrison investigative unit of General Military Investigative Department submitted a motion to extend the deadline of preliminary investigation of the criminal case initiated on 16.11.2017 only on 28.02.2018 – 42 days later after expiration of the deadline of preliminary investigation. In the mentioned period, without extending the deadline of preliminary investigation, the investigator carried out a number of important procedural actions in the framework of the criminal case and the results of actions carried out in these conditions were found illegal and impermissible.
The requirements of the Part 6 of the Article 197 of RA Criminal Procedure Code, as well as the Point 8 of RA IC Chairman's order N 11-Ա of 17.11.2014 «On Approving Guidelines for the Unity of Organizing Decision Making for Mediation to Extend the Period of Preliminary Investigation» were not maintained by the investigator.
Considering the nature of the breach committed by the investigator and its consequences, the RA IC Chairman submitted a motion to the Disciplinary Commission to discuss application of «Dismissal» as a disciplinary penalty against the investigator. The fact of breach and investigator's guilt were grounded by the Disciplinary Commission of the RA Investigative Committee.
Based on the conclusion of the RA IC Disciplinary Commission «Dismissal» was used against the investigator as a disciplinary penalty and according to the RA IC Chairman's order he was dismissed from job. «Warning» was used against his superior – deputy head of the fourth garrison investigative unit as a disciplinary penalty for improper implementation of his authorities envisaged by the Article 193 of RA Criminal Procedure Code.