Today Anna Vardapetyan, Prosecutor General of the Republic of Armenia, presented the report on the activity of the Prosecutor’s Office of the Republic of Armenia during 2023 to the Standing Committee on the State and Legal Affairs of the National Assembly, according to the “Rules of Procedure of the National Assembly” Constitutional law.

On March 29, 2024, the Annual report was presented in the National Assembly and its electronic version is also available on the official website of the Prosecutor's Office.

The Report consists of 10 sections regarding structure of crime, fight against crime and prevention of crime; supervision over legality of pre-trial proceedings, pursuing a charge, appeal against the judicial acts, examination of military crimes, fight against the corruption, protection of state and community interests, confiscation of property of illicit origin, supervision over legality of penalties and other means of compulsion, international-legal cooperation and legal security, reception of citizens, procedure for submitting applications and public relations.

   Anna Vardapetyan, particularly mentioned:

“The number of cases submitted to the court during 2023 is almost twice as much as the number of 2022 (91.4)%.

33.396 criminal proceedings were completed during 2023 (19.139 proceedings during 2022), 8448 cases were submitted to the First Instance Courts of General jurisdiction and First Instance Anti-corruption Courts regarding 10.170 individuals. For comparison I would like to mention that 4414 cases regarding 5214 individuals were submitted to the court during 2022. 

The number of cases examined and completed in the courts also increased during 2023: 5080 criminal cases on 5485 individuals were completed, while in 2022, 3208 cases on 3690 individuals and in 2021, 2921 cases on 3375 individuals were completed.

About AMD 173 million 385 thousand was restored under the completed cases.

In 2023, property damage in the amount of AMD 34 billion 325 million 746 thousand caused to the state and community was restored during the preliminary examination. In addition a land plot with the market value of AMD 3 million 970 thousand was donated to the community and cultural values with the market value of AMD 3 million 367 thousand was given to the History Museum for secure storage.

During 2023, the General Prosecutor's Office continued to reveal all the cases of delays of court examinations, which were conditioned by the fact that prosecutors improperly implemented their official duties. 

In particular, the Prosecutor General’s Office conducted examinations of all the cases of delays of court hearings due to the failure of the prosecutors to participate in court hearings without a valid reason. Based on examinations, disciplinary proceedings were initiated against 2 prosecutors and they were subjected to disciplinary liability.

At the same time the Prosecutor General gave assignment to heads of subdivisions of the Prosecutor’s Office to create prosecutorial groups under the criminal proceedings pending before courts, if necessary, for the purpose of excluding cases of absence from court hearings due to their workload. 

Prosecutor General drew the attention of the Supreme Judicial Council to the delays of judicial examinations proposing to find out their reasons and undertake relevant measures to exclude them, in the scope of the powers vested on the Council.

During 2023 the Prosecutor’s Office submitted 10 reports to the Ministry of Justice on subjecting the judges to disciplinary liability. Initiation of disciplinary proceedings was rejected in case of 5 judges, 2 reports is still under examination and 3 disciplinary proceedings were initiated by the Ministry of Justice based on 3 reports and in case of two of them the Ministry of Justice submitted a motion to the Supreme Judicial Council on subjecting the judge to disciplinary liability.

As a result of examination of the abovementioned two motions, the Supreme Judicial Council subjected one judge to disciplinary liability by applying “warning” type of disciplinary penalty. The disciplinary penalty was dismissed under two cases.  

During 2023, the prosecutors submitted 551 motions on conducting an official-related examinations regarding the offences committed by the person carrying out inquest or preliminary investigation. After the examination of those motions 41 individuals were subjected to disciplinary penalty and 7 individuals to criminal liability.

1404 cases of corruption crimes were recorded in the Republic during 2023 (898 during 2022). The number of cases increased by 506 or 56.3% compared to 2022.

During 2023, 152 officials were charged with corruption crimes, under criminal proceedings examined in the Anti-corruption Committee (63 officials during 2022).

The Prosecutor’s Office does not assess the increase of the cases of corruption crimes as a negative index, taking into consideration the fact that those crimes are of latent, hidden nature.

During 2023, from 3556 corruption crimes examined by the preliminary investigation bodies 908 were completed (567 during 2022), wherefrom 306 criminal proceedings regarding 757 individuals were submitted to the court with the indictment (178 criminal proceedings regarding 397 individuals during 2022). 

During 2023, under the completed criminal proceedings on corruption crimes property damage in the amount of AMD 1 billion 365 million 324 thousand was restored.

During 2023, 149 corruption cases (99 during 2022) regarding 249 individuals (197 during 2022) were examined by the courts and completed.

In the scope of the exceptional power of initiating claims on the protection of state and community interests  the Prosecutor General’s Office carried out 383 examinations during 2023 (212 during 2022) and revealed 447 offences (428 examinations during 2022), submitted 21 reports and motions (27 during 2022).

During 2023, the number of claims on the protection of state (community) interest based on the examination of the prosecutors increased 4 times. In particular, 91 claims were submitted to the court by the prosecutors during 2022 and 342 claims during 2023.

According to the preliminary assessments, under the submitted claims properties equal to about AMD 5 billion 63 million 193 thousand was restored (USD 12 million 658 thousand)—460 times more than during 2022 (only AMD 11 million was restored during 2022).

In particular:

• By the decision of the Administrative court dated September 12, 2023, the settlement agreement between the Prosecutor General’s Office of the Republic of Armenia and the shareholders of “AOKS” LLC was approved. As a result the ownership rights to AOKS building with surface of 701.4m² and a land plot with a surface of 453 m² (according to the preliminary assessment the market value amounted to AMD 5 billion)  located at 3 Abovyan Street, were returned to the Republic of Armenia. On November 23, 2023, the property was attached to the State Property Management Committee of the Ministry of Territorial Administration and Infrastructure.
• By the decision of the Anti-corruption Committee, dated September 12, 2023, the settlement agreement concluded with the Prosecutor General’s Office was approved. As a result 9000m² land plot and a building with the surface of 993.7m² located at “Eraskh-2” military unit, Armash village were returned to the state. On January 4, 2024 the property was attached to the State Property Management Committee of the Ministry of Territorial Administration and Infrastructure.
• Under the decision of the Anti-corruption court dated April 4, 2023, the claim of the Prosecutor General’s Office was granted. Land plot with the surface of 24 thousand 993m² involved in the list of specially preserved areas and located at Kotayk region was returned to the state. On February 8, 2024 the property was attached to the State Property Management Committee of the Ministry of Territorial Administration and Infrastructure.
• Under the decision of the Anti-corruption court dated April 6, 2023, the claim of the Prosecutor General’s Office was granted. Land plot with the surface of 20 thousand 21m² located at 2^nd district, 60 land plot, Artavaz village, Tsaghkadzor community, Kotayk region was returned to the state. The ownership right of the Republic of Armenia over the mentioned land plot was registered. On March 14, 2024 the property was attached to the State Property Management Committee of the Ministry of Territorial Administration and Infrastructure.

During 2023 71 statements of claim were submitted to the Anti-corruption court, under which the amount subject to confiscation constituted AMD 384 billion 55 million 372 thousand. 832 immovable properties, 161 movable properties as well as shares in 293 legal persons are also subject to confiscation.

During 2023, the total cost of submitted claims amounted to AMD 417 billion 591 million 62 thousand (shares in the legal persons as well as the market values of several properties are not involved in the total cost of the claim).

Among other question:

1. On October 9, 2023, a statement of claim on the confiscation of property of illicit origin was submitted to the Anti-corruption court, under which  Department of Confiscation of Property of Illicit Origin of the Prosecutor General’s Office required from the Court to confiscate from Robert Kocharyan, second President of the Republic of Armenia and his related persons (7 individuals—family members, wife, their children, their spouses) in favor of the Republic of Armenia the following: 

• 25 immovable properties, mainly located at Kentron administrative district of the city of Yerevan;

• 5 transportation means
• Shares in 16 Armenian and foreign legal persons;
• Deposits and securities in the amount of more than USD 4 million
• The right to claim loans in the amount of more than AMD 10 billion;
• More than AMD 35 billion, which is the sum of the balance of funds of illicit origin, funds transferred to bona fide third parties and other spent funds that wasn’t identified.

1. On October 9, 2023, a statement of claim on the confiscation of property of illicit origin was submitted to the Anti-corruption court, under which  Department of Confiscation of Property of Illicit Origin of the Prosecutor General’s Office required from the Court to confiscate from Gagik Khachatryan, former Head of the State Revenue Committee, Former Minister of Finance and his related persons in favor of the Republic of Armenia the following: 

• Around 200 immovable properties, wherefrom 56 in the city of Yerevan, mainly located at Kentron administrative district;
• 13 transportation means
• Shares in 29 Armenian and foreign legal persons;
• Deposits and securities in the amount of more than USD 1.4 million; 
• The right to claim loans in the amount of more than AMD 23 million;
• More than AMD 23 billion, which is the sum of the balance of funds of illicit origin, funds transferred to bona fide third parties and other spent funds that wasn’t identified.

1. On October 9, 2023, a statement of claim on the confiscation of property of illicit origin was submitted to the Anti-corruption court, under which  Department of Confiscation of Property of Illicit Origin of the Prosecutor General’s Office required from the Court to confiscate from Gagik Tsarukyan and his related persons in favor of the Republic of Armenia the following: 

• 79 immovable properties;

• 42 transportation means;

• AMD 348 million 194 thousand— the price of acquisition of 8 non-identified transportation means;

• AMD 33,5 million—the amount of the right to conceded claim;

• The market value of 10 immovable properties (belong to Gagik Tsarukyan under the meaning of the law);

• Shares in 39 legal persons
• The right to claim loans in the amount of more than AMD 63,3 billion;

• Loans in the amount of about 16.8 billion provided to 12 natural and legal persons (it was impossible to identify them);

• Confiscation claims in the amount of more than AMD 86 billion 400 million.

During 2023, the Prosecutor's Office of the Republic of Armenia, within the framework of the confiscation of property of illicit origin, signed 4 settlement agreements, based on which 6 immovable and 1 movable properties with a total value of about AMD 2 billion 100 million, as well as about AMD 79 million, were transferred to the ownership of the Republic of Armenia.

6 of the mentioned properties (5 immovable and 1 movable property) were attached to the State Property Management Committee of the Ministry of Territorial Administration and Infrastructure by the decisions of the Government, dated December 14, 2023 and January 4, 2024.

It should be mentioned that since the establishment of the Department for Confiscation of Property of Illicit Origin of the Prosecutor General's Office, 103 claims have been submitted to the court, demanding the confiscation of more than 1,070 immovable and 210 movable properties of illicit origin in favor of the Republic of Armenia, as well as shares in about 290 legal entities.

The total value of the submitted claims is about AMD 526 billion, which is equivalent to more than USD 1 billion 335 million.

The total cost of claim does not include the market values of shares in legal entities, as well as a number of other properties.

During 2023, 40,666 cases of crime were recorded in the Republic of Armenia (in 2022: 37,612). Compared to 2022, crime cases increased by 3,054 or 8.1%.

In 2023, a decrease in the number of minor gravity crimes was recorded. At the same time, cases of medium gravity, grave and particularly grave crimes have increased.

In 2023, 1,678 cases of particularly grave crimes were recorded, in 2022 - 880 cases (compared to 2022, cases increased by 798 or 90.7%). Out of 1678 cases, 1132 are cases of sudden death, which were not counted as crime cases until the 2^nd semester of 2022. Excluding sudden death cases, 546 particularly grave crimes were committed in 2023.

80.9% of the 40,666 cases are crimes of minor and medium gravity, id est, crimes of less public danger. Particularly grave crimes are 4.1% of total crimes, and grave crimes — 15%.

Along with the increase of the number of crimes, a 14.6% decrease in the rate of detection of crimes was recorded in 2023.

During 2023, the annual workload of investigators of preliminary investigation bodies included 284.2 criminal proceedings, compared to 92.6 criminal cases (criminal proceedings) of the previous year, and the annual workload of prosecutors conducting trial supervision included 554.1 criminal proceedings, compared to 170.6 criminal cases (criminal proceedings) of the previous year.

During 2023, 8,645 people were arrested, compared to 2,693 of the previous year. The increase in the number of motions filed to the court regarding the choice of arrest as a measure of restraint is conditioned by the increase in the number of persons involved as defendants during criminal proceedings.

Thus, in 2023, criminal prosecution was initiated against 10,136 persons (in 2022, criminal prosecution was initiated against 8,005 persons).

In 2023, 2,040 motions to apply detention as a measure of restraint were filed, compared to 1,599 in 2022 (an increase by 441 or 27.5%). In other words, a motion was filed for applying detention as a measure of restraint for about 20% of 10,136 persons.

As for the increase in the number of arrests, it should be noted that although the number of arrested persons increased by 5,952 or 221% in 2023, in 20237,160 persons were released from arrest on the basis of the Criminal Procedure Code, compared to 1,743 of the previous year. 

In 2023, the number of recorded drug-related crimes was 5,070, compared to 2,266 in 2022.

In 2023, the detection rate of drug trafficking cases decreased by 17.5% compared to 37.9% of the previous year.

A turnover in the amount of AMD 5 billion 592 million 541 thousand was recorded in 8 criminal proceedings through various crypto-currency wallets and payment tools in order to hide the criminal origin of funds obtained from the narcotic drugs’ sale, their true nature, the movement and allocation of criminally obtained funds, and to give a legal appearance to the received funds during 2023.

During 2023, 6 of the mentioned criminal proceedings against 15 persons under which the money circulation amounted to AMD 3 billion 565 million 919 thousand, were submitted to the court along with an indictment in the same period.

During 2023, 47 cases of violating the rules (requirements) of subsoil preservation or use were recorded in the Republic of Armenia. The increase is conditioned by active undertaking of measures aimed at identifying the mentioned cases. With this regard, Ararat region should be singled out.

Thus, in 2023, public criminal prosecution was initiated against the persons responsible for the companies “Arev Syuzi”, “Sargis and Pap”, “Sertig”, “Sasha and Spartak”, “L-R Shine” and “Revival”, engaged in illegal mineral extraction in Ararat region, for violating the legal requirements of the preservation and use of subsoil, for spoiling the subsoil, causing major property damage to the State.

In this context, I would like to present some data:

• In addition to the criminal proceedings regarding the company “Arev Syuzi”, the Prosecutor's Office of the Ararat region filed a motion to the Ministry of Territorial Management and Infrastructure for suspension of the granted permit of mineral extraction.
• On December 27, 2023, the company “Sasha and Spartak” fully recovered the particularly large amount of damage caused to the State — AMD 43 million 583 thousand 300.
• On December 16, 2023, the damage in the amount of AMD 5 million 500 thousand caused to the State was recovered by “L-R Shine” LLC.

Criminal proceedings were initiated based on all reports containing elements of torture or other ill-treatment.

During 2023, 5 criminal proceedings with features of torture were submitted to the court.

Although it is established in part 9 of Article 83 of the Criminal Code, entered into force on July 1, 2022, that regardless of the time of the crime commission, persons that have committed a crime provided for in point 1, part 2, Article 441 of the same Code (using, by an official, his or her authority-related or official powers or the influence deriving therefrom to the detriment of state or official interests or excess of powers, committed by use of violence) and in Article 450 (torture) are not subject to statute of limitations, however, the issue of the application of statute of limitations to persons under cases of torture or excess of official powers combined with violence, were considered problematic.

In terms of forming a unified practice for the solution of the mentioned problem, on the basis of the cassation appeal submitted by the Deputy Prosecutor General of the RA under the case of Grisha Virabyan, in its decision held on December 23, 2023, the Court of Cassation recorded that as of at least August 1, 2003, the date when the Criminal Code entered into force, there was a statutory prohibition on the application of statutes of limitations in the case of torture or treatment equivalent to it, which could have been foreseeable to the defendants under the said case as of April 23, 2004, the date of committing the act incriminated to them.”