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02.03.2021 | The RA Court of Cassation made a precedent decision on the ground of appeal of the Prosecutor General

The first instance court claimed guilty G. Gevorgyan, the Head of “Kotayq Regional State College” SNCO on the criminal case initiated on 14 March 2019 under Article 179, Part 2, Points 1, 3 and Article 314, Part 1 of the RA Criminal Code. The court found it grounded that the Head of “Kotayq Regional State College” SNCO plundered a large amount of 2,515,490 AMD monetary means foreseen by the state budget for “Kotayq Regional State College” SNCO during February of 2011 to March of 2016 by the incitement of the former Head of Staff of the Ministry of Education and Science and made official forgery. According to the verdict G. Gevorgyan was punished with a fine in the amount of 700.000 AMD, amnesty was applied and he was not sentenced.     

 

The RA Prosecutor's Office filed an appeal against the verdict regarding G. Gevorgyan in order to apply additional punishment along with the fine; that is, depriving him/her of the right to hold certain posts or practice certain activities for a certain period of time.

 

The legal position of the Prosecutor's Office in this regard is that the RA Criminal Code imposes a sentence with a fine as a main punishment, and as a mandatory additional punishment of deprivation for holding certain posts or the right to practice in certain activities, this additional type of punishment applies to both fine and imprisonment. To this end, the fine provided for in the sanction of Article 314, Part 1 of the RA Criminal Code, the additional punishment must be applied with deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

 

The Court of Appeals refused the appeal of the Prosecutor’s Office. The RA Prosecutor General Artur Davtyan brought a cassation appeal which was filed and examined. In the result agreeing with the points of view of the RA Prosecutor’s Office, the RA Cassation Court made a precedent decision also regarding the fight against corruption crimes.

 

In particular, the RA court of Cassation found that in some cases deprivation of holding certain posts or practice certain activities there is a problem of ensuring uniform application of law. Thus, in all cases, it is necessary to be guided by the general principles of sentencing: legality, justice, individualization of punishment, humanitarianism.  

 

According to the Court of Cassation, if the nature of the criminal act is related to the person's position or professional or other activities carried out by him, the imposition of the above-mentioned additional punishment significantly reduces the possibility of committing a similar crime in the future. That is, deprivation of the right to hold certain posts or practice certain activities has a preventive means. And it is obvious from the legal regulations of that additional type of punishment that it may be imposed both in connection with deprivation of liberty, as well as in combination with punishments not related to deprivation.

 

Based on the above, the Court of Cassation granted the appeal of the RA Prosecutor General, overturned the decision on defendant G. Gevorgyan regarding Article 314, Part 1 of the RA Criminal Code and sent the case to the same court for a new examination, taking into account the above-mentioned legal interpretations on the case law expressed by him.