30-year-old Edita is in custody for 3 years. She is charged in embezzlement of 1 million USD from “Armbusinessbank”. Her husband Tigran Hovhannisyan is a defendant in the same case. The grandmother is taking care of their young son.
During 2 years trial, Edita’s defender, Simon Amirkhanyan repeatedly filed motions to eliminate the precautionary measure of detention towards the young woman taking to account that she had confessed, repented and supported the preliminary investigation bodies in disclosure of the crime. She had a positive characteristics, a permanent place of residence, has no previous convictions, and finally it was introduced numerous documents about the health of the child being without parental care.
Being deprived of the parents’ care, the child suffered psychological and developmental problems, and he has a “fear of lose” and is afraid that the grandmother who currently takes care of the child will go away one day and will not return like his mother.
The motions to eliminate the precautionary measure of detention were denied. Currently the defender filed a motion with request to apply mild punishment considering a number of mitigating circumstances and the absence of aggravating circumstances. The defender also read the results of medical examination of her 4-year-old child. When the lawyer was listed the child’s diagnosis, the grandmother was sitting in the court room and silently crying.
The defense solicited to acquit the client and if the court shall find that the accusation is grounded to apply a mild punishment considering the positive characteristics and absence of previous convictions, and also the fact that she has a child under her care and needs moral support and humanity. Thus to apply Article 70 of the Criminal Code, conditional punishment or Article 62 of the same Code Circumstances mitigating liability and punishment and assign probation period.
Before appearing in the situation of defendant, Edita was working as specialist of customer service department in operational department of “Armbusinessbank”. She was also a graduate student at the University of Economics of Armenia, and was working on her doctoral thesis, has published articles. According to the case materials her husband was involved in purchase and sale of cars. He had debts, and the creditors were threatening the family. They had to move to a rented apartment to avoid the pressure and threats.
According to the indictment, Edita had access of the information of the bank’s depositors. Taking the advantage of her authorities in contrary to the interest of the company, using the absence of control of her supervisor, she using the computer technique in the period of 13 September 2012 through 3 May 2013 theft 73,169,992 AMD equivalent to 119,900 USD and 23,923,795 AMD from the customer’s service department of “Armbusinessbank” CJSC.
The action was committed with prior agreement with her husband Tigran Hovhannisyan. During the whole process of the trial it was repeatedly noted that the crime was committed under the pressure of constant threats and fear for her child and husband, and thus trying to save them she performed this crime in an attempt to repay the debts.
The case is in the final phase now. Most probably after a week the verdict will be published. The prosecutor solicited to impose punishment of 5 years in prison.
Edita is charged under the requirements of Article 181 Part 3 (1) (Theft of somebody’s property in significant amount committed with the use of computer, which is punished with imprisonment for the term of 4 to 8 years,) and Article 214 Part 2 (Abuse of authority by the employees of commercial or other organizations which caused grave consequences, which is punished with imprisonment for the term of up to 4 years.)
