Supreme Court of Georgia

Supreme Court of Georgia made an important explanation

Published: 01/05/2012

The Chamber of Criminal Cases of the Supreme Court of Georgia made an important explanation aiming to differ from each other the aggravating circumstances of purchase, keeping and sale of narcotics.
In line with the facts established by the court of first instance and court of appeal, by the judgment of December 7, 2007, Rustavi District Court found D.T. guilty under the Article 206, part 2, sub clauses “a” and “b” of the Criminal Code of Georgia. In the period of probation, December of 2008, in the Republic of Turkey D.T. illegally purchased 0,1216 grams of drugs – containing greenish-brown “hemp tar”, 1,15 grams of solid substances and left for Georgia with illegally purchased and kept mentioned drugs. On December 28, 2008 he crossed the Georgian-Turkish state borders’ through customs checkpoint “Sarfi”, where he was arrested and as a result of the costumes’ inspection the mentioned drugs were taken out from his left top pocket of the jacket.
The Chamber of Cassation shared the position of the lower courts in the part of shipment of drugs and considered, that crime committed by the convicted in the part of purchase and keeping of narcotics was incorrectly qualified under the article 260, part two, sub clause “e” (illicit purchase, keeping and shipment of narcotics by the one who has previously committed one of the offences referred to the Chapter XXXIII of Criminal Code of Georgia).
The Chamber explained that while committing the crime not under the article 260, but any other crime envisaged by this chapter, his/her crime will be qualified under the article 260, part 2, sub clause “e”. But in case if the person had previously committed the offence envisaged by the same article, his/her crime will be qualified under the article 260, part two, sub clause “d”, as repeatedly. As for the moment of consideration of the crime and coming out from the content of the article 15 of the active Criminal Code of Georgia (amendment of July 4, 2007 of Georgian Law), the repeated crime shall mean the committing the offenses by the person recently being guilty by the same article of this Code.
By taking into consideration the above said circumstances, the criminal act of D.T. qualified under the article 260, part two, sub clause “e” of the Criminal Code of Georgia was re-qualified with the same article, part two, sub clause “d” (illicit purchase, keeping and shipment of narcotics, repeatedly) by the Chamber of Cassation.