The Court of Appeals partially granted the Prosecutor’s appeal with the criminal case in relation to illicit trafficking in weapons, munitions and explosives, and partially overturned the judgment of the First Instance Court of General Jurisdiction. The punishments imposed on A.B., S.G., S.B., K.E., who were involved as accused, were amended.
During the war unleashed by Azerbaijan on September 27, 2020, in order to solve various combat problems, A.B., an employee of the Artsakh Republic Police, Deputy Head of the department left for the area under his supervision, illegally acquired 45 factory-made "AK" and "AKM" assault rifles from the territory of Jrakan, more than 2,000 bullets and other ammunition intended for shooting from weapons of various calibers. Afterwards he came into concept with S.G. and kept the illegally obtained weapons and 43 assault rifles in the latter’s house adjacent building.
He handed the 2 of the 45 assault rifles over S.B., who kept them in his house.
Then, S.B. made an agreement with K.E. to sell each of the rifles for 148,782 AMD, equivalent to 300 USD and transfer the money to A.B.
S.B. also obtained 400 bullets during his stay in Arstakh in 27 September 2020. During the search, NSS officers found and took the bullets.
Due to the abuse of his official authority by S.B. more than four dozen soldiers were deprived of the opportunity to solve combat problems by using the firearms and ammunition foreseen for them.
A.B. was charged under Article 235(2) and 308(2), S.B. – under Article 235(1) and 235(2), S.G. – under 235(2), K.E. – under Article 34-235(1).
According to Article 235(2) of the Criminal Code, the act incriminated to S.G. was re-reclassified under part 1 of the same article and S.G. was sentenced to imprisonment for 1 year.
S.G. was sentenced to imprisonment for 2 years and 6 months. Conditional non-application of punishment imposed under Article 70 of the RA Criminal Code was granted, and a probationary period of 3 years was established.
Notice: A person charged with any crime shall be presumed innocent until proved guilty in the manner prescribed by the RA Criminal Procedure Code—by the judgment came into legal force.
