On Illicit Enrichment

On Illicit Enrichment

What happened?

Illicit enrichment became criminalized in Armenia's Criminal Code and as a result of amendments to the Criminal Procedure Code.

What is illicit enrichment?

Illicit enrichment is the increase in property or cash in the past year that significantly exceeded the lawful income of those who are legally obliged to declare their assets.

Not considered illicit enrichment are those incidents that contain other elements of crime: theft, abduction, extortion, and so on.

Who can be considered illicitly enriched?

Any public official and people affiliated with him: a spouse, a parent living with him, or his unmarried adult child also living with him.

This implies that the source of the officials' family members' assets likewise will be strictly monitored.

How much is the minimum income whose legality must be justified?

An amount exceeding 5 million AMD (around $10,000 USD).

Who must prove the high-ranking official's guilt?

The body in charge of proceedings, the Special Investigation Service (SIS), who must have a sufficient body of evidence. Even if the official is silent, SIS will be able to continue the criminal proceedings.

If the individual is unable to substantiate that he acquired the property or cash assets through lawful means, he will be prosecuted.

What is the punishment for illicit enrichment?

The crime of illicit enrichment is punishable by imprisonment and revoking the right to occupy certain positions or engage in certain activities.

How many years of imprisonment does the crime of illicit enrichment carry?

Three to six. The law prescribes also the revoking of the right to occupy certain positions or engage in certain activities for three years and the confiscation of property.

When will the law come into force?

The law will come into effect on July 1, 2017, and will not be retroactively enforced.