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27.05.2022 | A new crime on the part of the defendant as a result of a court decision to replace the measure of restraint with bail. The bail amount was turned into state revenue

There have been cases of defendants committing new crimes as a result of the rejection by the court of substantiated petitions of the investigative body, the prosecutor's office to apply a measure of restraint in the form of detention or to extend the period of detention.

 

In a criminal case initiated by the Investigation Department of the National Security Service of the Republic of Armenia on large-scale smuggling of narcotic drugs across the state border of the Republic of Armenia, illegal acquisition, storage and transportation of narcotic drugs for the purpose of sale, R.O. was charged under point 2 of part 3 of Article 38-266 of the Criminal Code of the Republic of Armenia.

 

On November 20, 2018 a decision was made to separate a part of the criminal case on charges of three persons, including R.O., and together with the indictment, the case was sent to court for consideration on the merits.

 

The Court of General Jurisdiction of Lori region on May 27, 2020 satisfied the petition of the advocate of the defendant R.O. to change the measure of restraint chosen for the defendant, a bail in the amount of 3,000,000 drams was chosen as a measure of restraint against him.

 

During the trial of the criminal case, it was established that after changing the measure of restraint, the latter committed a new crime under part 1 of Article 235 of the Criminal Code of the Republic of Armenia, for which the sentence of the Court of First Instance of General Jurisdiction of Syunik Region on March 15, 2022 found him guilty and sentenced to imprisonment. By applying Article 70 of the Criminal Code of the Republic of Armenia, the punishment conditionally was not applied, a probationary period of 1 year was established. This verdict was not appealed and entered into force.

 

Considering that the defendant R.O. committed a new crime after the measure of restraint chosen by the court in the form of detention was changed to a bail in the amount of AMD 3,000,000, the prosecutor filed a petition with the Court of First Instance of General Jurisdiction of Lori Region to turn into income of the state, the bail in the amount of 3,000,000 drams which had been chosen as a preventive measure against him, to change the preventive measure and choose detention in custody as a preventive measure.

 

On May 12, 2022 the court partially granted the prosecutor's request to turn the bail in the amount of 3,000,000 drams chosen as a preventive measure into state revenue, and a written recognizance not to leave the country was chosen as a preventive measure against him.