Supreme Court of Georgia

The court declined the prosecution’s motion for violation of the rules of detention

Published: 02/27/2013

On February 23, 2013, Batumi City Court rejected the prosecutions motion about the restraint measure against Roman Diasamidze, who was accused and detained, and was released from the court room.

Roman Diasamadze was charged under the article 151 of the Criminal Code of Georgia, according to which there are three alternatives measures of punishment provided for the offense - a fine, community service and sentenced to one year in, the action is considered as minor crime.
Before the arrest it was unknown for the accused Roman Diasamidze, that the investigation disclosed him in committing the action. The prosecutor demanded imprisonment as a restraint measure.

The court explained that such a sanction conditions, as well as the Roman Diasamidze does not have the criminal record in the past, he has a permanent residence, and he was not aware that the investigation disclosed him in committing the crime, to arrest the person without the court ruling formally indicating the threat of escape is fully unacceptable and in this case there was not urgency of Roman Diasamidzes arrest. Therefore, detention was considered as the illegal action and the accused person was immediately released.

Because of violation of detention rules the defendant was not sentenced to any restraint measures