By the decision of the First Instance Court of General Jurisdiction of Ararat and Vayots Dzor regions, dated April 28, 2023, M.M., the former Head of the Malishka community of Vayots Dzor was found guilty of bribing voters in the elections to the National Assembly, held on                 April 2, 2017, for unlawfully taking of significant and large-scale property entrusted to him by using his official position and by embezzlement, as well as for committing official forgery in consent with a group of officials.

 

In the framework of the preliminary investigation of criminal proceedings, M.M., the former Head of the Malishka community was charged under article 154.2, part 2, article 179, part 1, point 2 & 3, article 179, part 2, points 1 & 2 and article 314, part 1.

 

Imprisonment for 4 years 2 months 29 days was imposed on M.M., the former Head of Malishka community as a final punishment. M.M. was also deprived of the right to hold positions in local self-government bodies for a period of 3 years.

 

During the campaign of the National Assembly elections, dated April 2, 2017, M.M., being the Head of the election campaign office of the Malishka community, in conspiracy with another person, distributed pre-election bribes to the residents of the Malishka community - 10,000 AMD per a vote (in total: AMD 230,000) to vote for the candidate represented by him.

 

In addition, M.M., having the authority to manage the funds of the community budget, officially registered his wife N.A. as a nurse at the "Kid's Sports Academy" NPO, the director of which was his son V.M. In the period from January 1, 2016 to July 9, 2018, N.A. received 2 million 231 thousand 25 AMD as salary and equivalent payments, despite her failing to show up for work.

 

On April 2017, M.M. reached a preliminary agreement with A.V., the chief specialist-accountant of the Malishka municipality, on allocating and appropriating funds from the community budget entrusted to him for 10 residents of the Malishka community, in the form of social assistance. At the end of April 2017, A.V. transferred over 440,000 AMD to M.M., who embezzled the mentioned money. In order to conceal the case of embezzlement, M.M., in consent with a group of officials, committed an official forgery. False official documents (false lists) on the provision of material assistance to socially insecure families of the community were drawn up.

 

V.M., the son of the former Head of Malishka community, the former director of “Malishka Sports Complex” was charged under article 179, part 2, points 1 & 2, article 314, part 1 of the Criminal Code of the RA, dated 18.04.2003; N.A., the spouse of M.M. – under article 38-179, part 2, points 2 & 3 of the same Criminal Code; and the former chief specialist-accountant – under article 179, part 2, points 1 & 2 and article 314, part 1 of the same Criminal Code.

 

On May 27, 2019, the supervising prosecutor filed a criminal case in the General Jurisdiction Court of Ararat and Vayots Dzor regions with a bill of indictment.

 

On April 28, 2023, by the sentence of the court M.M., V.M., N.A. and A.V. were found guilty of the acts attributed to them.

 

A fine of 1 million AMD was imposed as a final punishment for V.M., the director of the NPO and he was released from the imposed sentence according to article 2, part 2, point 3 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 independence of the First Republic of Armenia”, dated 01.11.2018.

 

N.A. was sentenced to a fine of 800,000 AMD and was released from the mentioned sentence according to article 2, part 2, point 3 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 independence of the First Republic of Armenia”, dated 01.11.2018.

 

A.V. was released from criminal responsibility on the basis that the statute of limitations had passed.

 

The claim regarding the confiscation of 2 million 231 thousand 25 AMD from defendants M.M., V.M. and N.A. in favor of the Malishka community budget of Vayots Dzor, as well as 30,000 AMD from M.M. and A.V. was granted.

 

Notice:  A person charged with any crime shall be presumed innocent until proved guilty in the manner prescribed by the RA Criminal Procedure Code—by the judgment came into legal force.