Supreme court of Georgia 04-07-2024
Click to printPosted 05.18.2016
On May 17 of 2016 the meeting of the scientific- consulting council on the problems of the criminal law was held at the Supreme Court. The meeting was directed by the Chairperson of the Supreme Court and High Council of Justice, Ms. Nino Gvenetadze. The matter of the discussion were the 1 and 5 items of the Article 112 of the Procedural Criminal Code (Investigation conducted by the affirmation of the Court) and 1, 4 and 8 items of the Article 120 (On the Rule of Search and Seizure), as well as Articles 125 (Examination) and 127 ( Examination of the scene and other places). The participants analyzed on the basis of the hypothetical casus, whether the searche of premises and the evidence obtained as a result of the conducted search not legalized by the Court and conducted without a special permission, but with the consent of the owner can be considered legal. They also discussed the necessity of the consideration of the mediation by the Court on finding legal of the conducted investigation. Qualified opinions were given regarding the first item of the 112 Article of the PCC ( procedural Criminal Code) being in breach with the 20th Article of the Constitution and violating the fundamental Human Rights. Considerations/discussions of the legislative flaws and existing practice having place at the meeting will be proceeded in the future within the format of the scientific-consulting council. The judges from all the three instances hearing the criminal cases were present at the meeting, as well as lawyers, specialists of the field, representatives of the prosecutor’s office and academic circles.
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