10.01.2022 | 9 defendants for presenting false data in declarations or disguising the data subject to declaration: summary

The outcomes of the criminal and legal fight against crimes of intentionally submitting declarations by a person responsible for submitting property income declarations (Article 3142 of the RA Criminal Code), presenting false data in declarations or disguising the data subject to declaration (Article 3143 of the RA Criminal Code) were summed up at the RA General Prosecutor's Office.

 

In particular, dutring 2021, 14 criminal cases were initiated on the grounds of presenting false data in declarations or disguising the data subject to declaration, that is to say, almost such  a number of cases were initiated under Articles 314.2 and 314.3 of the RA Criminal Code in the previous 3 years - from 2018 to 2020 together (15 criminal cases).

 

Currently, the RA Anti-Corruption Committee is initiating preliminary investigation on 11 criminal cases under the above-mentioned articles, and 1 criminal case at the Investigation Department of the RA NSS (in combination with other articles).

 

During 2021, 9 persons were prosecuted in 6 criminal cases, both officials and their affiliates. In particular, 1 person was charged with presenting false data in the declarations or disguising the data, and 8 persons were charged with not declaring a particularly large amount of property or income.

 

Besides, signing not leaving was chosen as a precautionary measure against 6 defendants, and the arrest was chosen against 3 defendants, of which 2 defendants were declared wanted. One of the mentioned criminal cases was initiated against a Deputy of the Nasional Assembly and his son and was sent to the Court of General Jurisdiction of Yerevan City. On November 10, 2021 the court decided to dismiss the proceedings.   

 

The other cases are in the phase of preliminary investigation. 

 

The RA Prosecutor's Office has also taken measures as a key anti-corruption tool to increase the effectiveness of the legal fight against this phenomenon.

 

In particular, Article 314.2 of the RA Criminal Code prescribes liability for intentional failure to file declarations by a person responsible for filing a declaration within 30 days after the application of the administrative penalty established by the RA Code of Administrative Offenses. The RA General Prosecutor's Office addressed a letter to the RA Commission for Prevention of Corruption.

 

In addition, in order to prove the fact of illicit enrichment, the body conducting the proceedings must substantiate that there is a significant inconsistency between the actual legal income and property, which may be due to intentional misrepresentation or by hiding declaration, in 2021 The Prosecutor General of the Republic of Armenia has given specific instructions to all relevant departments of the Prosecutor's Office to strengthen the criminal fight against illicit enrichment. In particular, the declarations submitted by them are subject to proper investigation, measures are taken to find out the actual property and income of the mentioned entities. In order to find out whether there is intention in presenting incomplete or false data in the declarations, it was instructed to make the cadastral files of not declared real estate subject to mandatory examination, as a result of which it will be possible to find out the frequency of property taxes, payers, as well as to find other documents of movable property subject to acquisition, alienatation.