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The RA Prosecutor’s Office Division of Public Relations, head of the Division – Arevik Khachatryan

21.07.2021 | Artur Davtyan gave instructions to improve the efficiency of investigation of cases of illegal enrichment

The state of the prosecutorial control over the legality of the investigation of the criminal cases under Article 310.1 (Illicit enrichment), Article 314.2 (Intentional non-filing of declarations with the Ethics commission of high-ranking officials), Article 314.3 (Presenting false information in a declaration, or concealing data subject to declaring) was studied at the Prosecutor General’s Office of the Republic of Armenia.

 

It turned out that during 2017 criminal cases on the above-mentioned article were not initiated, 3 criminal cases were initiated in 2018 and 5 criminal cases in 2019 and 5 cases in 2020. During 2018-2020, 11 people were involved as accused in the above-mentioned cases initiated and investigated, out of which in 3 cases detention was chosen as a preventive means.

 

9 proceedings were suspended due to corpus delicti, preliminary investigation in 3 cases are ongoing, criminal prosecution of 5 people was terminated on the ground of acquittal. One of the criminal case was sent to the court with the bill of indictment in 2021 the examination of which is ongoing.

 

The investigation of the above-mentioned cases has some specifications. In particular, the body initiating the proceeding has to prove that there is significant discrepancy between the factual and legal income and property of the person.

 

One way to detect such a discrepancy is to find out whether the person responsible for submitting the declaration submitted the declaration or included false information in the submitted declaration and/or concealed the data to be declared. That is, as a rule, the existence of a criminal offense of illicit enrichment implies the existence of criminal offenses of not submitting the declarations intentionally, submission of false data in declarations or concealment of data subject to declaration.

 

Taking into account the need to intensify the criminal and legal fight against illicit enrichment and its importance from the point of view of social justice, the RA Prosecutor General gave special instructions to all relevant departments of the RA Prosecutor's Office to increase the efficiency of investigation in regard with these crimes. In particular, in order to find out the intention in presenting incomplete or false data in the declarations, instructions were given to make the cadastral files of undeclared real estate a subject of examination, in the result of which it will be possible to find out the frequency of tax payments for the relevant property in order to find other movable property subject to acquisition, to detect alienate documents, to make it a subject of examination.

 

In addition, taking into account that according Article 314.3 of the RA Criminal Code criminal liability is foreseen for not declaring the property of large amount, it was decided to undertake measures to appoint a forensic and property expertise to decide the price of the property.

 

The RA Prosecutor General instructed to provide in each cases of crime related to officials responsible for submitting a declaration to be subject to proper investigation, and measures are undertaken to find out the actual amount of property and income of the mentioned officials. In case of discrepancy, initiate a criminal case if there are sufficient grounds send the obtained materials to the RA Prosecutor General's Office to instruct the RA SIS to initiate criminal proceedings.