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Community Head Involved as Defendant for Possession of House by Breach of Established Procedure; Search Declared

09.10.2018 11:38

The criminal case initiated on apparent arrogation committed by the head of a community of Tavush province was received in the proceeding of Tavush Regional Investigative Department of the RA Investigative Committee.

On July 31, 2018 a criminal case was initiated in Ijevan Division of Tavush Regional Department of the RA Police according to the Part 1 of the Article 322 of RA Criminal Code on possession of the house of a resident of the same community by breach of legally established procedure committed by the head of one of the communities of Tavush province. On August 7, 2018 the criminal case was received in Tavush Regional Investigative Department of the RA Investigative Committee.

Through preliminary investigation of the criminal case it was found out that without having any authority envisaged by the Article 170 of RA Civil Code, breaching the property acquisition procedure envisaged by the Article 172 of RA Civil Code, since February, 2000 the community head has taken possession of the house which belonged to the resident of the same community causing significant damage to the latter’s legal interests. The resident was found the affected party.

On the base of sufficient evidence on October 6, 2018 the investigator made a decision to involve the community head as a defendant. He was notified to present himself to the investigative body. However, he did not present himself to the investigative body without a valid reason.

Considering that the defendant did not present himself to the investigative body, on October 8, 2018 a decision was made to apprehend the community head. A writ was received from Ijevan Division of the RA Police informing that the community head was missing.

Thus, on October 8, 2018 the investigator made a decision to use signature not to leave as a pretrial measure against him and to declare search.

On the same day – on October 8 a decision was made by the prosecutor supervising the legality of preliminary investigation of the criminal case to temporarily suspend the community head’s tenure.

Preliminary investigation is ongoing. Necessary investigatory and other procedural actions are conducted to provide the comprehensive, complete and objective investigation of the case.

The relevant subdivisions of the police were tasked to take measures to find the person having committed the alleged crime and bring him to the investigative body.

Note; Everyone charged with alleged crime offence shall be presumed innocent until proved guilty according to law.


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