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Madrid

A person declared unfit for compulsory military service passed the examination instead of another person

As a result of the large-scale procedural and evidentiary operations carried out during the preliminary investigation of the criminal proceedings initiated by the RA Investigative Committee's Military Investigation Department, it was found that J.S., being aware that G.D. was declared unfit for mandatory military service due to his health condition in the winter draft of 2022, and N.H. pursues the illegal goal of finally releasing his son R.Kh from military service, proposing and giving advice. reached a preliminary agreement with the latter on G.D. going through an appropriate investigation instead of R.K., forging a document and using it as a method of presenting it to the military commissariat, organizing and directing the execution of the said crime.


In particular, on the instructions of J.S., on May 30, 2024, N.H. accompanied G.D. instead of his son to the medical center, where the latter presented R.Kh.'s birth certificate and G.D. underwent an MRI examination instead of him. As a result, the doctor made a false document, not realizing that instead of R.K., G.D. was examined. R.Kh., being aware that the document drawn up regarding him is false, submitted it to the Military Commissariat of the RA Ministry of Defense in order to be declared unfit for mandatory military service and finally illegally exempted from mandatory military service, on the basis of which the latter was recognized as fit for military service with a restriction, because after the adoption of the decision of the RA Government on April 18, 2024, the presence of the mentioned disease no longer exempts the conscript from mandatory military service.


A public criminal prosecution was initiated against R.Kh., under Article 457, Part 1 of the Criminal Code (forging documents, stamps, seals, forms or selling, preparing or using forged documents, stamps, seals, forms), against N.H., G.D., under Article 457, Part 2 (with prior consent by a group of persons falsifying documents, stamps, seals, forms or making, preparing or using forged documents, stamps, seals, forms) in relation to J.S., according to part 2 of Article 46-457 (forging documents, stamps, seals, forms by a group of persons with prior consent, making, making or using forged documents, stamps, seals, forms) arranging to use).


The criminal proceedings were sent with the indictment to the supervising prosecutor with a request to send it to the court for confirmation and examination.

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