The phenomenon of illegal enrichment, as such needs regulation. According to Anna Margaryan, lecturer of the law department of YSU, expert in criminal law, definition of liability for illicit enrichment provides possibility to control this criminal behavior in the public, which leads to enrichment.
At the same time specialist offers three factors to take into account: “First, this shall not have retroactive effect. That is, those who are rich will remain rich. It has to be new person. The second factor is the mechanism of proof, whether thus we shall not lead to a worse outcome, which is the presumption of innocence in the matter shall emerge. There are European countries, which have provided by the Institute. I mean Moldova and the French experience. One of the countries initially says if you have a luxury mansion this already provides grounds to assume that you are guilty if you will not prove your innocence. Let’s consider the second option. It says, you have the luxury homes, if the government fails to prove that you have acquired it as a result of illicit enrichment, and then you are not subject to liability. In both cases, there are major processes in terms of proof, and on the other hand you initially proceeded from a presumption of guilt. The second term, when it comes to that you have to prove that it is illegal enrichment. Today in our country, we see that it is very difficult to prove, that is, to prove that it is just the result of crime,” Ms Margaryan said.
She also said that the issue of illicit enrichment had once been initially discussed in the working group of reforms to the RA Criminal Code; however there is still no final view on this issue, “Here we all refer to the International Conventions, if provisions in the criminal code are foreseen, one of the first problems is in addition to the requirement that the provision should be distinct and meeting the requirements of the Republic of Armenia, it shall also ensure the requirements under the international conventions. By the way, it is one of the most difficult questions, because in many cases it is alien to our practice evidence-based process,” said the expert.
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