By the judgment of the Court of General Jurisdiction of Ararat and Vayots Dzor Marzes on 28 April, 2023, the former Head of Vayots Dzor Malishka Community M.M. was found guilty of bribing voters in the National Assembly elections held on 2 April, 2017, as well as for embezzling significant and large amounts of property entrusted to him by using his official position, as well as committing official fraud together with a group of officials.
The Prosecutor General’s Office reported.
In particular, during the preliminary investigation of the criminal proceedings, former Head of the Community M.M. was charged with Article 154.2, Part 2 (giving election bribes), Article 179, Part 2, 1 of the Criminal Code adopted on 18.04.2003. According to points 2 and 3 (using the official position to commit large-scale embezzlement by a group of persons with prior agreement), points 1 and 2 of part 2 of Article 179 and point 1 of Article 314 (committing official forgery).
The final punishment in the form of imprisonment for 4 years 2 months 29 days was imposed on former Head of Malishka Community M.M. The latter was also deprived of the right to hold positions in local self-government bodies for a period of 3 years.
Let’s remind that in March 2017, M.M.,during the pre-election stage of the National Assembly on 2 April, 2017, being the head of the election campaign office of the candidate of the National Assembly nominated by the Republican Party of Armenia, in collusion with another person, distributed election bribes to residents of Malishka Community K.D., M.G., A.S., H.A. and N.S., and their close relatives ,in the amount of 10,000 AMD per vote, (total: 230 thousand AMD) to vote for the candidate he represents.
In addition, M.M., having the authority to manage the funds of the community budget, using his authority and official position, his son V.M., the director of “Malyshkai Sports School” Community Non-Profit Organization (hereinafter: NPO) and his wife with N.A., reached a preliminary agreement by formally accepting N.A. as a nurse at the NPO. N.A. received 2 million 231 thousand 25 AMD as a salary and equivalent payment in the period from 1 January, 2016 to 9 July, 2018, though not showing up for work.
In addition, M.M., using his official position, in April 2017 reached a preliminary agreement with A.V., the Chief Specialist-Accountant of the Malishka Community, on allocating from the community budget funds entrusted to him as a social assistance in the name of 10 residents of the Malishka community and appropriating those funds. At the end of April 2017, A.V. handed over AMD 440,000 to M.M. in person, who took possession of the money. In order to hide the case of embezzlement, M.M., together with a group of officials, committed an official forgery, compiled an untrue official document (false lists) regarding the provision of assistance to the socially disadvantaged families of the community.
The son of the Head of the Community M.M., the former director of “Malishkai Sports School” NPO V.M., was charged according to points 1, 2 and 3 of part 2 of Article 179 of the Criminal Code of the Republic of Armenia (using the official position to commit large-scale embezzlement by a group of persons with prior consent), and part 1 of Article 314 (committing official forgery). N.A. The wife of the head of the community M.M., was charged with items 2 and 3 of part 2 of Article 38-179 of the same code (assistance in large-scale embezzlement by a group of persons with prior consent). And A.V., the former chief specialist-accountant of the Malishka Community, was charged with Article 179, Part 2, Clauses 1 and 2 of the same code (using the official position to commit embezzlement by a group of persons with prior consent) and according to part 1 of Article 314 (committing official forgery).
On 27 May, 2019, the supervising prosecutor sent the criminal proceedings to the Court of General Jjurisdiction of Ararat and Vayots Dzor marzes with an indictment.
On 28 April, 2023, according to the court’s verdict, M.M., V.M., N.A. and A.V. were found guilty of the acts attributed to them.
A fine of 1 million AMD and a final sentence of 1 million AMD were imposed on the NPO Director V.M. and on the basis of clause 3 of part 1 of Article 2 of the Law on “On declaring amnesty in criminal cases on the occasion of the 2800th anniversary of the founding of Erebuni-Yerevan and the 100th anniversary of the declaration of independence of the first Republic of Armenia” dated 01.11.2018” V.M. was released from the imposed punishment.
A fine of 800,000 AMD was imposed on N.M. and on the basis of clause 3 of part 1 of Article 2 of the Law on “On declaring amnesty in criminal cases on the occasion of the 2800th anniversary of the founding of Erebuni-Yerevan and the 100th anniversary of the declaration of independence of the first Republic of Armenia” dated 01.11.2018” N.M. was released from the imposed punishment.
A.V. was released from criminal responsibility on the basis that the statute of limitations had passed.
The claim regarding confiscation of 2 million 231 thousand 25 AMD from defendants M.M., V.M. and N.A. in favor of the budget of Malishka Community of Vayots Dzor Marz, as well as confiscation of 30.000 AMD from M.M. and A.V. was satisfied.
Note: A person that is suspected or accused of an alleged crime is considered innocent until his/her guilt is proved by a court judgment that has come into legal effect pursuant to the procedure determined by RA Criminal Procedure Code.
