Supreme Court of Georgia

The Judgments of the Supreme Court of Georgia

Published: 11/04/2013

During the last week, the Chamber of the Criminal Cases of the Supreme Court of Georgia delivered some important judgments, that indicates to the significant role of the Supreme Court as the cassation instance. It also underlines the fact that according to the Supreme Courts decisions, the judgments of the lower courts may be altered in whole or partially, or the judgments may be upheld by the Supreme Court. However, in all cases, behind of each decision there is a common judicial practice, as well as the Supreme Court, as it has the function of the instance that gives the interpretations of the provisions.

The acquittal judgment of the Supreme Court 

On October 25, 2013, the Chamber of Criminal Cases of the Supreme Court of Georgia examined the criminal case of the convicted B.Z. and declared him as innocent and released him from the court room.
According to the charges filed by the prosecution, On May 1, 2012, the convicted B.Z. had a conflict with A.G. in village Jugaani, Sighnaghi district, when B.Z. used a screw driver, thus allowing A.G. the damage caused to health. As a result of the wounds received on June 4, 2012. A.G. Died.

On December 25, 2012, Sighnaghi District Court delivered the judgment according to which B.Z. has been found guilty of committing the crime considered by the Art. 117(2) of the Criminal Code of Georgia and was sentenced to the imprisonment for 4 years and 6 months. 

According to the Amnesty Law of Georgia the Criminal Chamber of Tbilisi Appeal Court delivered the judgment on April 2, 2013 and decreased one-quarter of the imposed punishment. As a result the punishment was defined for 3 years, 4 months and 15 days imprisonment.

On October 25, 2013, the Criminal Chamber of the Supreme Court acquitted B.Z. of the charges on the grounds that it was not proved a cause-and-effect relation between B.Z.-s actions and the consequences. According to the existing evidence, beyond reasonable doubt it was not approved whether the actions of B.Z. could have caused the injuries, which, according to the experts opinion was the cause of A.G.-s death. Accordingly, the Cassation Court considered that the examination of the evidences was insufficient for the conviction of the accused B.Z., and therefore he was acquitted.

The Supreme Court reversed the appellate courts decision

On October 25, 2013, the Cassation Chamber of the Supreme Court reversed the appellate courts decision in the part of the qualification of the action.

Khelvachauri district court delivered the judgment on March 28, 2013, according which A.K. and A.G. were found guilty in committing of criminal crimes, in particular robbery and intentionally caused a minor injury to the victims health.

According to the case materials, on November 26, 2013, at about 00:10 a.m., in Batumi, at the cemetery territory situated on the Bethlehem Street, A.K. together with A.G. and at this stage of the investigation with some unidentified persons, for the purpose of blatantly possesses of the others movable property, attacked the citizens of the Republic of Turkey and caused a minor injury with a short-term health disorders and illegally took their money - 1,000 dollars and 50 GEL and 7245 GEL worth "Audi" car.

Khelvachauri District Court examined the case materials and sentenced A.K. to 5 years and 6 months of imprisonment and fined him for 1000 GEL, as for A.G., the court sentenced him to 5 years of imprisonment and fined him for 1000 GEL. 

The convicted persons appealed against the judgment in Kutaisi Appeal Court, which reversed the trial courts decision. Kutaisi Appeal Court acquitted the defendants in robbery charges and found guilty in the offense committed intentionally caused minor health damage.

Accordingly, the Appellate Court as a measure of punishment used only the payment of fine for 1000 GEL and they were released from prison.

The prosecutor of Khlevachauri District appealed Kutaisi Appeal Court decision to the cassation instance.

The Cassation Court discussed the appellation lodged by the prosecutor and it was partially upheld. In particular, the Supreme Court considered that according to the presented materials, the conviction of arbitrariness should be added to the conviction for the offense committed intentionally caused minor health damage.

According to the decision of the Supreme Court A.K. was sentenced to 2 years and 6 months of imprisonment, and A.G. was sentenced to 2 years of imprisonment.

The Supreme Court of Georgia Partially Reversed Tbilisi Appeal Court Decision

On October 31, 2013, the Supreme Court of Georgia partially reversed Tbilisi Appeal Court decision on the case of M.Ch. who was charged in committing of fraud.

Rustavi City Court examined the case and on January 4, 2013, delivered the judgment according to which M.Ch. was acquitted in committing the crime prescribed by the Article 180(3) (“b”) of Criminal Code of Georgia (the two episodes of the charge).
On March 27, 2013, Tbilisi Appeal Court upheld the judgment of Rustavi City Court. The prosecution appealed the decision in the Supreme Court of Georgia.

On October 31, 2013, the Supreme Court of Georgia partially upheld the appellation of Rustavi Prosecutors Office. In particular, M.Ch. was convicted in committing the crime prescribed by the Article 180(3)(“b”) of Criminal Code of Georgia and as a measure of punishment he was fined for 7000 GEL. According to the Article 62(5), taken into the consideration the time of the imprisonment, M.Ch. was finally fined for 5000 GEL. The Judgment of the Criminal Chamber of Tbilisi Appeal Court delivered on March 27, 2013, remained unchanged in another part of the sentence. 

The Cassation Court considered that the Appeal Court judgment concerning the first episode of the charge (the episode of the victim N.B.) where M.Ch. was acquitted was lawful and reasonable and therefore this part of the judgment should be remained unchanged.
As for the second episode of the conviction and as for the second victim, the Chamber of the Supreme Court considered that beyond the reasonable doubt (by the evident and convincing evidences in whole presented by the prosecution and examined by the participation of the parties, which were agreed with each other) it is proved that M.Ch. took the money of Kh.Z. by deception for the purpose of unlawful possession.