Supreme Court of Georgia

The Supreme Court of Georgia made an important explanation

Published: 12/14/2011

The Chamber of Criminal Cases of the Supreme Court of Georgia made an important explanation to differ from each other the offenses regarding the issue of false report and provide with a false document. 

According to the facts established by the court investigation and on the base of resolution of the investigator, the expert A.Z., who worked on this position from May 21, 2007, conducted a court-medical examination of a body. On June 21, 2007, after his dismissal from the position, he issued the resolution without carrying out the blood chemical analysis for the body and on the base of the false data (simulated by himself) noted, that it appeared to be no trace of alcohol or drugs in blood. However, later, according to the chemical analysis, conducted independently, 1.8% of ethyl alcohol was found in blood and 3.2% - in urine. A.Z. submitted this document, proven with his signature, to the office of Expertise National Bureau in Adzharia Region of the Ministry of Justice, to hand over to the investigator of Batumi Internal Affairs Division. 

The Chamber of Cassation considered, that the lower courts have incorrectly evaluated A.Z. action, as issue of false document by the expert, the offense envisaged by the Article 370, part one, of the Criminal Code of Georgia

The Chamber explained, that according to the law, the person responsible for these crimes appears to be a specific entity, who is entitled with a special power on the base of the relevant legislation, without which the commitment of the crime was impossible. Pursuant to the acting law, the court-medical expert is a state employee, who is entitled with a special power – on the base of resolution of investigation organs or court decision conducts court-medical examination on living persons and bodies. And in case of proper grounds establishes and issues signed expert opinion, as an official document. 

The Court of Cassation explained, that the false document for the purpose of transfer to the official state agency, with its’ legal sense, presents purpose for sale, under which the convicted person acted. In the given case, the falseness of expertise opinion issued by him is expressed not only in the fact, that he issued the above said official document without relevant authority, therefore, these data didn’t correspond to reality, it was false. 

The motive of the convicted person was to release himself from this case as son as possible, as he suffered with unwanted material damage by living in the city of Batumi, even in such circumstances, where he didn’t get any remuneration for this work, which indicates that A.Z. was acting with the direct purpose. 

Besides, according to the opinion of Cassation Chamber, A.Z. with this action committed attempted crime to sale the false document, when with the purpose submitted the document, proven with his signature, to the office of Expertise National Bureau in Adzharia Region of the Ministry of Justice, to hand over the investigator. The action represents the attempt in the following manner: the final recipient of the false document was the investigator, but not the above said office, which presents the connecting role between the document customer and executor with no independent interest towards the above mentioned document. However, false expert opinion didn’t cross the frames of Expertise Regional Office, since this person was found guilty at the moment. The offence was prevented on the stage of attempt, before the sale of false official document. 

Coming out from the above said, the Chamber considered, that the crime committed by A.Z. (issue of false official document and attempt for sale) to be qualified under the Article 370, part one, Article 362, part one and Article 19 of the Criminal Code of Georgia, while the crime committed by the convicted person envisaged one sentence, as his action was related to one and the same crimes, which are included in one article, in the same part of the Criminal Code.