Supreme Court of Georgia

Meeting of the Scientific- Consulting Council of the Supreme Court on the Problems of Criminal Law

Published: 05/18/2016

On May 17 of 2016 the meeting of the scientific- consulting council on the problems of   the criminal law was held at the Supreme Court. The meeting was directed by the Chairperson of the Supreme Court and High Council of Justice, Ms. Nino Gvenetadze. The matter of  the discussion were  the 1 and 5 items of the Article  112 of the Procedural Criminal Code (Investigation conducted by the affirmation of the Court)  and 1, 4 and 8 items of the Article  120  (On the Rule of Search and Seizure), as well as Articles  125   (Examination) and 127 ( Examination  of the scene  and other places).  The participants analyzed on the basis of  the hypothetical casus,  whether the  searche of  premises  and the evidence obtained as a result of the conducted search not legalized by the Court and conducted without a special permission, but with the consent of the owner can be considered legal.  They also discussed the necessity of the consideration of the  mediation by the Court on finding legal of the conducted investigation.  Qualified opinions were given   regarding   the first item  of the 112 Article of the PCC ( procedural Criminal Code)  being  in breach  with the 20^th  Article of the Constitution and violating   the fundamental Human Rights. Considerations/discussions of the  legislative flaws  and existing practice having place at the meeting will be proceeded in the future within the format of the scientific-consulting council.  The judges from all the three instances hearing the criminal cases were present at the meeting, as well as lawyers, specialists of the field, representatives of the prosecutor’s office and academic circles.

Photo1 Photo2 Photo3