Discussion of the Draft Law on making Amendment in the Criminal Code of the RA started in the national Assembly.
The Draft stipulated the following provision:
“Article 310.1. Illicit Enrichment
1. Illicit Enrichment as defined in the RA Law on Public Service is: significant increase in the assets of a public official in the reporting period, which he or she cannot reasonably explain in relation to his or her income and which is not reasonably justified by his or her legally defined income in the accounting period, and if other features of illicit enrichment that are basis for another crime are missing:
is punished by imprisonment for the term of 3-6 years as a punishment, deprivation of right to hold certain posts or carry out certain activities for up to three years with confiscation of property.
1. In the meaning of this article the 5 thousand fold excess of the amount of minimum wage, which operates at the time of the crime is considered significant.”
The Minister of Justice said that officials who submit declaration and interrelated with them persons are considered subject of illicit enrichment.
According to the Minister, sanction for illicit enrichment is imprisonment and deprivation to hold certain positions, which is proved by international experience.
The Minister thinks that the controversial issue here is the ratio of presumption of innocence and the burden of proof.
She also added that officials are obliged to prove that there is no illegal enrichment, which means that he is deprived of the right to silence. Also the official is liable for the submission of incorrect or incomplete declaration.
The Minister stressed that illicit enrichment is a consequential crime.
