The Special Investigation Service of the Republic of Armenia has accomplished the preliminary investigation of the criminal case launched in accordance with Part 1 of Article 314 of the Criminal Code of the Republic of Armenia with regard to the employment-related falsification committed by Avetik Tovmasyan, the Investigator of Kumayri investigation department of Shirak regional Investigation Department of the Investigation Principal Administration of the Republic of Armenia.
The preliminary investigation revealed that during the search operations conducted in the private residence of Hovhannes S., who was the witness to the criminal case reviewed in A.Tovmasyan’s proceeding, the latter detected and confiscated “Marihuana” drug weighing 0.5 gr. and lodged a written statement to the Chief of Department with a view to considering the matter of bringing the latter to an administrative liability, but by annexing the statement to the criminal case did not send the first copy of the statement to the police department.
A short while later, having been informed from the Deputy Chief of the Department that the statement was not sent to the department, under the criminal case A.Tovmasyan took a decision not to institute a criminal prosecution against Hovhannes S., and did not send the above decision to the prosecutor in charge of exercising control over the legitimacy of the preliminary investigation in violation of the requirements of Paragraph 28 of Part 4 of Article 55 of the Criminal Procedure Code of the Republic of Armenia and did not annex the above decision to the materials of the criminal case.
In accomplishing the preliminary invetisagtion of the criminal case, the investigator A.Tovmasyan, drew up a new false official document in order to avoid assuming a liability for the judicial error committed by him in the past as to the failure to send the above decision to the prosecutor for the verification of its legitimacy, as well as the decision of not instituting criminal persecution with another date, as well as concealing the facts of accomplishment of the proceeding, distorting the real facts, the failure to institute a criminal persecution against the same person under the same criminal case. He annexed the above document to the materials of the criminal case and sent the copy to the prosecutor in charge of exercising a control over the preliminary investigation.
The Special Investigation Service of the Republic of Armenia brought charges against A.Tovmasyan in accordance with Part 1 of Article 314 of the Criminal Code of the Republic of Armenia.
The investigator who has accomplished the preliminary investigation transferred the criminal case along with the indictment to the prosecutor in charge of exercising a judicial control 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.