The preliminary investigation evidences that on May 21, 2014 Malkhas Asatryan lodged a report with the Prosecutor’s Office of Shirak region declaring that between April 28 in the morning and 29 at night, 2014 unknown people illegally broke into his apartment located at G.Nzhdey Str., Gyumri city and stole various domestic items. Malkhas Asatryan wished to report about the offence in Kumayri department of Gyumri city of Shirak Regional Department of the Police of the Republic of Armenia, but the officer on duty failed to registered the act of offence in the prescribed manner and referred him to the Chief and Deputy Chief of the Department who persuaded him not to report about the case by promising him that they would return the stolen items.
A criminal case was instituted in the Special Investigation Service of the Republic of Armenia based on the report filed by Malkhas Asatryan in accordance with Part 1 of Article 308 and Paragraph 1.1 of Part 3 of Article 177 of the Criminal Code of the Republic of Armenia. Although Malkhas Asatryan was warned of assuming a criminal liability in case of refusing to give testimonies, during the preliminary investigation he refused to give testimonies about the fact that the employees of Kumayri Police Department had not accepted his report with regard to the theft committed in his house.
Malkhas Asatryan was charged in accordance with Part 1 of Article 339 of the Criminal Code of the Republic of Armenia. Malkhas Asatryan found himself guilty and as a defendant he once again refused to give testimonies about the given facts. The criminal case along with the indictment was forwarded to the prosecutor exercising control over the preliminary investigation for the approval and referral thereof to the court.
Note: The suspect or the accused of the alleged offence is deemed innocent unless his or her innocence is proved by virtue of the effective court verdict in the manner prescribed by the Criminal Procedure Code of the Republic of Armenia.
