The examination of numerous criminal cases initiated concerning economic crimes reveals that they disproportionately limit the rights of individuals and legal entities engaged in entrepreneurial activities. Specifically, in the overwhelming majority of these cases, computers and other electronic devices (data storage devices) belonging to individuals and legal entities engaged in entrepreneurial activities are seized. These devices are often held by the investigating body for extended periods (up until the conclusion of the criminal proceedings), with the justification that they may contain data relevant to the case or could be deemed material evidence.
As a result, significant challenges arise for businesses’ regular operations, as most of their activities are conducted via computers and other electronic devices.
To ensure full protection in the criminal case concerning our client, G.E., lawyer Andranik Mnatsakanyan of the “LSA” Law Office petitioned the investigator to return the computers seized during the search, which had undergone digital examination. The investigator postponed the resolution of the petition, citing the entrenched practice of needing to examine the large volumes of data retrieved from the computers, conduct subsequent investigative and procedural actions, and determine essential circumstances relevant to the criminal case.
The investigator’s decision was appealed by the defense attorney to the supervising prosecutor, resulting in the prosecutor deciding to uphold the complaint and declare the investigator’s decision unlawful. The prosecutor also instructed the investigator to lift the restrictions placed on the business’s computers.