Supreme Court of Georgia

Press Release

Published: 10/19/2018

According to the decision of the Criminal Cases Panel of Tbilisi City Court from December 21, 2016, citizen Giorgi Dgebuadze was found guilty for the crimes prescribed by articles 25, 109, provisions “a” and “t” (Code edition valid till 31 May, 2006) of the Criminal Code of Georgia and part I of art.333 (edition valid till 31 May, 2006) and finally the citizen was sentenced to 9 years of imprisonment. Moreover, as an additional penalty, Giorgi Dgebuadze was deprived of the right to be appointed to the office at any governmental or municipal agencies for 2 years.

Davit Akhalaia (Wanted) was found guilty for the crimes prescribed by article 109 provisions “a” and “t” (Code edition valid till 31 May, 2006) of the Criminal Code of Georgia and I part of Art.333 and Article 369, part III (Code edition valid till 31 May, 2006) and was sentenced to 12 years of imprisonment. Moreover, as an additional penalty, Davit Akhalaia was deprived of the right to be appointed to the office at any governmental or municipal agencies for 2 years.

The decision of the Criminal Panel of Tbilisi City Court from December 21, 2016 remained unchanged by the decision from February 27, 2018 of the Criminal Chamber of Tbilisi Court of Appeals. A prosecutor from  Prosecutor’s Office of Georgia and attorneys of Giorgi Dgebuadze   used remedies of appeal in cassation against the decision of the Court of Appeals from February 27, 2018.

The prosecutor sent a request for amendments in the appealed decision which found Giorgi Dgebuadze guilty under provision “a” and “t” of Articles 109,  (Code edition valid till 31 May, 2006) (collective crime, intentional killing of two or more persons) instead of  crimes prescribed by provisions “a” and “t” of the articles 25, 109, (Code edition valid till 31 May, 2006) of the Criminal Code of Georgia (collective crime, assistance in killing two or more persons);

Moreover, they required application of more severe punishment towards Davit Akhalaia and Giorgi Dgebuazde. Attorneys of the accused Giorgi Dgebuadze used remedies of appeal in cassation requesting annulment of appealed decision and declaring acquittal for Giorgi Dgebuadze.  

According to the decision from  October 11, 2018 of the Criminal Chamber of the Supreme Court of Georgia, the cassation appeals of the prosecutor from the Prosecutor’s Office and attorneys of Giorgi Dgebuadze  were found inadmissible as being not in line with the criteria of admissibility of  the article 303 of the Code of Criminal Procedure of Georgia. The cassation chamber stated that the decision from 27 February 2018 of the Criminal Chamber of Tbilisi Court of Appeals is legal and the demonstrated evidence proved reasonable grounds to suspect the accused Giorgi Dgebuadze’s guilt. At the same time, the Cassation Chamber found that the sentences imposed on Giorgi Dgebuadze and Davit Akhalaia are fair and there are no grounds for aggravating the punishment.