Criminal Procedure Code at Georgia
Georgia's criminal justice system is governed by the Criminal Procedure Code of Georgia, which outlines the procedures for criminal investigations, prosecutions, trials, and appeals. The Code is designed to ensure fairness, transparency, and the protection of the rights of all participants in criminal proceedings.
Key Features of the Criminal Procedure Code of Georgia
1. Language of Proceedings
Criminal proceedings in Georgia are conducted in the Georgian language. If a participant does not speak or understand Georgian, they have the right to request an interpreter free of charge. This includes the right to use a language they understand during court hearings and to receive translations of essential documents such as indictments and judgments . (CRIMINAL PROCEDURE CODE OF GEORGIA | სსიპ ”საქართველოს საკანონმდებლო მაცნე”, Language — Human Rights Guide)
2. Principles of Criminal Proceedings
The Code establishes several fundamental principles:
Inviolability of Personal Dignity: All participants must be treated with respect, and no one shall be subjected to torture, violence, or any form of coercion.
Equality of Arms and Adversarial System: Both the prosecution and defense have equal opportunities to present their cases and evidence.
Publicity and Oral Nature of Hearings: Hearings are generally open to the public and conducted orally, ensuring transparency . (CRIMINAL PROCEDURE CODE OF GEORGIA | სსიპ ”საქართველოს საკანონმდებლო მაცნე”)
3. Role of Investigators and Prosecutors
Amendments to the Code have clarified the distinct roles of investigators and prosecutors:
Investigators: Responsible for initiating and conducting investigations independently.
Prosecutors: Obliged to bring cases to court and oversee the prosecution through to completion. This separation aims to enhance the quality of investigations and ensure accountability . (Georgia Code Title 17 (2024) - CRIMINAL PROCEDURE :: 2024 Georgia Code :: U.S. Codes and Statutes :: U.S. Law :: Justia, Venice Commission welcomes amendments to the Criminal Procedure Code of Georgia)
4. Covert Investigative Actions
Recent amendments have expanded the scope and duration of covert investigative actions, such as wiretapping. While these measures aim to strengthen security, they have raised concerns regarding privacy rights and the adequacy of safeguards against potential abuses . (Remarks by Ambassador Carl Hartzell following the amendments to the criminal procedure code | EEAS)
5. Amendments and Reforms
The Code has undergone several amendments to improve its effectiveness and align with international standards. Notably, in 2021, provisions were introduced allowing for the conditional release of life-sentenced prisoners after serving 20 years and successfully completing a rehabilitation program . (Parliament of Georgia adopted the Law of Georgia on Amendments to the Criminal Procedure Code of Georgia)
Accessing the Full Text
The full text of the Criminal Procedure Code of Georgia, including all amendments, is available in English on the official website of the Legislative Herald of Georgia: (CRIMINAL PROCEDURE CODE OF GEORGIA | სსიპ ”საქართველოს საკანონმდებლო მაცნე”). (Parliament of Georgia adopted the Law of Georgia on Amendments to the Criminal Procedure Code of Georgia)
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