24.05.2022 | The cassation appeal of the RA Prosecutor's Office on the case of illegal storage and movement of guns and bullets in a car was satisfied

By the criminal case initiated in March 2020 under Part 1 of Art. 235 of the RA Criminal Code, it was substantiated that, in violation of the requirements of the RA Law on Weapons, without permission, a person illegally acquired in the city of Vanadzor and until March 11, 2020 illegally kept in his car an RPK-74 pistol, 45 factory-made bullets. The person was charged under Part 1 of Art. 235 of the Criminal Code of the Republic of Armenia and in June 2020 the criminal case with the indictment was sent to the Court of General Jurisdiction of First Instance of Lori region.


The Court of First Instance, by applying the accelerated process of judicial investigation, by the judgment of 09.07.2020 pleaded the mentioned person guilty under Part 1 of Art. 235 of the Criminal Code of the Republic of Armenia and he was sentenced to imprisonment for a term of 1 year, but the punishment was not conditionally applied and a probationary period of 1 year was established.


The Prosecutor's Office of Lori region filed a cassation appeal against the said judicial act regarding the conditional non-application of punishment, which was rejected by the decision of 30.11.2020 of the RA Criminal Court of Appeal.


The Prosecutor General's Office filed a cassation complaint against the appellate judicial act. By the decision of the RA Court of Cassation, the complaint was satisfied, the decisions of the Court of First Instance and the Court of Appeal regarding the defendant were rejected and changed, the conditional non-application of punishment in the form of imprisonment was canceled, and the serving of the sentence in the form of imprisonment for a term of 1 year was left.


According to the opinion of the Court of Cassation, these circumstances significantly increase the level of public danger of both the offender and the committed act. Therefore, under such conditions, the circumstances taken into account by the lower courts cannot be sufficient to ensure that the sentence imposed in the form of imprisonment is not applied conditionally and that the goals of the punishment are achieved.


Immediately after the submission of the said judicial act to the Prosecutor's Office of Lori region, the person was transferred to a penitentiary institution by the direction of the regional prosecutor.


This decision, in fact, confirmed the firm position of the RA Prosecutor's Office that, of course, taking into account the specifics of each case, in case of illegal acquisition and storage of weapons, taking into account the public danger factor, a person should be punished in the form of imprisonment.