Supreme Court of Georgia

The meeting of the Scientific Advisory Council of the Supreme Court on the Criminal Law direction

Published: 02/28/2016

On February 26, 2016 at the Supreme Court the review of the draft law, prepared by the Ministry of Justice, on - witness indirect testimony (hearsay) and the nature of evidence in criminal proceedings - was carried out in the framework of the scientific advisory council.

The Chairperson of the Supreme Court and the High Council of Justice addressed to the participants with welcoming speech. The presented package of amendments was introduced by the representative of Ministry of Justice. At the meeting was noted that preparation of draft law was conditioned lack of regulations existing in the Criminal Procedure Code that is connected with evidences including admissibility of indirect testimony in criminal proceedings. The decision of Constitutional Court of Georgia and the monitoring of judicial process of the Office for Democratic Institutions and Human Rights (ODIHR) indicate on such circumstances. In particular, the current legislation contains only limited guidance that indirect testimony is admissible as evidence only in case if the person that is giving evidence indicates the source of information that is possible to be identified and checked and also during the hearing of the merits to the court if it is confirmed by other such evidence that is no indirect testimony (Article 76, paragraph 2 and 3 parts of Criminal Procedure Code of Georgia). Accordingly, such evidence may also be used, when proceeding from the interest of justice, this is not necessary.

Within the meeting the participants in detailed discussed the issues envisaged under the draft law: hearsay in criminal proceedings and the nature of the evidence and its legal regulation.

The judges of the Supreme Court and Tbilisi city court, lawyers, specialists and representatives of the academic circles attended the meeting.

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