06.06.2022 | The Court of Appeal granted the appeal of the RA Prosecutor's Office concerning the former Deputy of the National Assembly and his/her son

It was informed that on the basis of the instruction of the Prosecutor General’s Office of the RA the article entitled "Houses of rich Armenians and officials in luxury complexes of Dubai" was published in "Hetq.am" materials were prepared by the Anti-Corruption and Economic Crimes Department of the RA Police on February 12, 2020 in relation to the alleged crime of concealing particularly large assets, subject to declaration in the declarations provided for by the law by the declaring official and his family members, charges under the same article were initiated and investigated under the features of Article 314.3, Part 2 of the RA Criminal Code, Deputy of the NA, Hrant Davtyan and his son Arsen Davtyan were charged.


Sufficient evidence obtained during the preliminary investigation proved that they did not show data about several immovable and movable properties owned by them, their activities, and financial obligations in the relevant declarations, thus hiding them.


On April 28, 2021 the case with the indictment was sent from the General Prosecutor's Office to the Court of Yerevan of General Jurisdiction to be examined on its merits.


On November 10 the court made a decision to terminate the criminal prosecution against Arsen and Hrant Davtyan and dismiss the proceedings in the criminal case.  


In result of the study of the reasoning part of the court's decision studied at the Prosecutor General’s Office of the RA it was found that making such a decision on that basis was unfounded, even at the final stage of the preliminary investigation, petitions were submitted by the defendant to the prosecutor in charge of the case to terminate the criminal prosecution against the accused on the same grounds, which were rejected with appropriate adjustments.


Based on this, against the above-mentioned decision of the General Jurisdiction Court of Yerevan in 2021. An appeal was filed in December.


It was grounded that there was no change in the situation, Hrant Davtyan again nominated his candidacy during the extraordinary elections of the RA National Assembly in 2021 and submitted the 2020-2021 declaration. This already proves that there was no permanent change in the situation, the latter or the person affiliated to him were not finally deprived of the opportunity to cause similar damage to public relations.


Moreover, according to the Prosecutor's Office, in the context of the interpretations of the Court of First Instance on terminating the criminal prosecution and dismissing the proceedings in the criminal case on such a basis, the law providing for criminal liability for submitting false data in declarations or hiding the data to be declared is almost meaningless. The problem is that under the conditions of such an interpretation, it is possible to prosecute only those persons who, were obliged to submit a declaration for the criminal act of concealing the data to be declared during the criminal proceedings.


Studying the appeal of the RA General Prosecutor's Office and essentially agreeing with the positions presented by the Prosecutor's Office, the RA Criminal Court of Appeals satisfied it, annulled the decision of the Court of First Instance and sent the case to the same court to examine the merits of the case.


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.