Supreme Court of Georgia

Supreme Court delivered the judgment

Published: 06/23/2011

On June 22, 2011, the Supreme Court of Georgia accomplished the examination of the cassation of convicted Zviad Kharebava’s and delivered the judgment on inadmissibility of a claim.
According to the judgment of the Tbilisi City Court, Zviad Kharebava was charged with deprivation of liberty for 17 years, fine of 50.000 Gel and deprived of right to implement the entrepreneurs activity for a period of three years.

The Court of Cassation studied the case materials and came to the conclusion, that the cassation claim of the convicted Zviad Kharebava didn’t meet the requirements of the article 547, part 2 of the Criminal Procedural Code of Georgia, therefore should not be admitted for trial by the Chamber of Criminal Cases of the Supreme Court of Georgia, in particular: the Article 547, part 2 of the Criminal Procedural Code of Georgia provides the full listing of the basis, according to which the cassation shall be admitted, these are:
a) the case is important for development of justice and establishment of uniform judicial practice;
b) the decision of the appellate court differs from the previous practice of the Supreme Court of Georgia on this category of cases;
c) the appellate court has heard the case by substantial legal or procedural violation that could have substantially affected the outcome of the hearing.
The Court of Cassation considers, that in the given criminal case are not found the above mentioned basis. When considering the cassation claim at the Supreme Court, the advocate of the convicted couldn’t justified substantial legal and procedural violations of the Appellate Court.
Besides, the Supreme Court considers, that in the judgment of the Appellate Court, which was appealed by the rule of cassation by the advocate of the convicted, is presented the Supreme Court practice on this category of cases with the legal and procedural evaluation.
Thus, the Supreme Court considers, that this case doesn’t carry any fundamental significance to the judicial practice for the development and improvement of previous court practice, the judgment of the appellate court doesn’t differ from the previous practice of the Supreme Court of Georgia on this category of cases, the appellate court hadn’t heard the case by substantial legal or procedural violation that could have substantially affected the outcome of the hearing. The judgment of the Supreme Court is final and not appealable. 

According to the judgment of September 1, 2010 of the Tbilisi City Court, Zviad Kharebava was found guilty for fraud (i.e. taking possession of other’s object for the purpose of illegal appropriation or receiving a property right through deception) under the Criminal Code of Georgia.

The advocate of the convicted appealed the judgment of the first instance court by the rule of appeal. The Court of appeal remained the case unchanged.