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06.05.2022 | As a result of an unreasonable court decision to refuse to satisfy the petition for detention, the accused was hidden from the investigation and committed a new crime

Another case of creating specific criminal consequences as a result of an unreasonable and unlawful refusal to satisfy a petition by a court to apply a measure of restraint due to obvious grounds and conditions.

 

Based on the reports submitted by residents of Arevashat village and Artik city of Shirak region during 2016-2018 in the course of the preliminary investigation, carried out within the framework of a criminal case initiated on the grounds of Point 1 Point 2 Point 6 of Part 2 of Article 132 of the Criminal Code of the Republic of Armenia, factual data were obtained that the former resident of the village of Geghadir, Aragatsotn region, K.G. with the help of his brother living in the Republic of Armenia, for the purpose of exploitation, recruited 6 citizens in Armenia and transported them to the Russian Federation and subjected them to trafficking there. In the case of one of these individuals, the actions were accompanied by threats of violence.

 

For the commission of the above acts on December 06, 2021. a decision was made to bring K.G. as an accused under Point 1, Point 4 and Point 6 of Part 2 of Art. 132 of the Criminal Code of the Republic of Armenia.

 

In the course of the study of the materials received from the police, it was found out that on 07.07.2021 one of the citizens who suffered from these criminal acts turned to the RA police, saying that he had met with the brother of K.G. and he offered to pay a debt of 180.000 rubles, on the condition that he should withdraw his complaint, to which he did not agree. The citizen approved the above by testimony dated 08.12.2021.

 

December 09, 2021 the investigator in charge of the proceedings submitted a petition to the court of first instance of general jurisdiction of the city of Yerevan regarding the application of detention as a preventive measure against the accused K.G. However, by a court order dated December 10, 2021 No. it was rejected.

 

On the same day in relation to the accused K.G. a written undertaking not to leave was chosen as a preventive measure.

 

The RA Criminal Court of Appeal subsequently by a decision rejected the appeal filed against the said act by the prosecutor, against which a cassation complaint was filed, which is in process.

 

The court of first instance rejected the petition for detention due to the fact that in the event of obstruction of the investigation, and the accused being at liberty the conclusions of the investigator regarding the possibility of committing an act not allowed by the criminal law are assumptions, and are not substantiated by the factual data acquired in the course of the criminal case.

 

The RA Court of Appeal, rejecting the complaint of the Prosecutor's Office and leaving the decision of the court of first instance unchanged, stated that the assumptions were justified and a lawful and justified decision was issued.

 

It also ignored the fact that the accused is a citizen of the Russian Federation and conducts economic activities there, and that being at large, using his connections in Russia, he can hide from the investigation and avoid criminal liability.

 

As a result of the operational-search work, it was not possible to establish K.G., and on 29.03.2022 it was decided to put him on the wanted list, and a petition was submitted to the court for a measure of restraint in the form of detention, which was granted. Later it turned out that the accused illegally left the state border of the Republic of Armenia and was found in the Russian Federation on April 18, 2022 and was taken into custody.

 

 

The RA Prosecutor General Artur Davtyan submitted to the RA Minister of Justice a petition to bring to disciplinary responsibility the judge of the court of general jurisdiction of Yerevan city, who made the decision to reject the first petition for detention.

 

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.