04.10.2019 | By misleading citizens, they have directed them to extremely unfavorable deals. By the decisions of the RA Prosecutor General criminal cases have been initiated

In the RA Prosecutor General's Office, the subject of consideration have been the materials related to several facts of directing individuals to an extremely unfavorable deals by misleading them.


In particular, during March-May 2019 four citizens have separately submitted reports to various departments of the RA Police or the RA NSS that they have concluded deals in various amounts with “Gevorg V. Mkrtchyan” IE operating in Yerevan fair market, as a result of which they have received a small part of the stipulated sum of money, and the rest of the sum they have not received.


By the data obtained during the preparation of the materials on the basis of citizens' reports it has been found out that following the advertisement of the quick provision of sum of money, these persons have visited the office of the individual entrepreneur “Gevorg V. Mkrtchyan”, where they have been informed that they can receive the desired sum of money if they are recognized creditworthy. However, they have been  informed that for that aim they need to visit various stores with the employees of this individual entrepreneur and sign loan agreements for the purchase of various household goods in their names.


By agreeing with this option of receiving money, citizens, together with an office employee, have visited various stores, where on credit they have purchased various household items, mainly mobile phones and accessories. Then they have handed them over to the office of an individual entrepreneur, signed contracts for receiving 60 or 70 percent of the cost of these goods, and then received a small part of the money with an agreement to receive the rest of the money within 2 days or in a week. But they have not received the sum of money during that period.


By assessing the circumstances revealed by the prepared materials, the investigators have found out that the dispute between the citizens and the individual entrepreneur is applicable to civil legal relations, on the basis of which they have rendered decisions to refuse to initiate criminal cases on the basis of the absence of corpus delicti, envisaged by Article 178 of the RA Criminal Code (Swindling).


However, within the framework of verification of legality of the mentioned decisions, the RA Prosecutor General’s Office has examined the materials prepared for all 4 cases, as a result of which it has been found out that in the matter of giving a loan to a person for the purchase of goods, this individual entrepreneur has no function and hasn’t rendered any intermediary service. There are no data on for which service the individual entrepreneur has made the actual foreclosure from the person in the amount of 40% or 30% of the value of the goods. Moreover, by the data obtained, citizens have purchased household goods on credit from stores and sold them to the aforementioned individual entrepreneur by 40% or 30% lower than their value /by the instruction of the employees of the latter’s office/.


That is, the data obtained by the prepared materials indicate that citizens have concluded deals with this individual entrepreneur on extremely unfavorable conditions for themselves, which the latter may have used.


On the basis of this by the decisions of the RA Prosecutor General Artur Davtyan the decisions of the investigators concerning not to initiate a criminal case by the prepared materials have been rejected and concerning the fact of making deals under unfavorable conditions by the other party under Part 1 of Art. 213 of the RA Criminal Code (Usury) criminal cases have been initiated and the preliminary investigation of which is instructed to the RA Investigative Committee. 


Citizens are strongly advised to be careful in relations with entities making similar proposals, to avoid deals that include possible criminal manifestations, and to contact law enforcement agencies if they have suffered as a result of such actions.


Notice: Every person suspected in or charged with a criminal offense shall be presumed innocent unless proved guilty in the manner prescribed by the RA Criminal Procedure Code and unless the verdict comes into legal force.