Source:

Criminal Code - full text as of July 1999 ("International Foundation For Election Systems (IFES) - Criminal Code of Georgia") [ID 4815]

Document(s): International Foundation For Election Systems (IFES) - Criminal Code of Georgia

Source:

UN Drug Control Programme: Legal provisions relating to drug manufacturing, abuse and trafficking ("UNDCP: UNODC Legal Library - Georgia") [ID 4816]

Document(s): UNDCP: UNODC Legal Library - Georgia

05.01.2006 - Source: Council of Europe - Parliamentary Assembly

New conditions of admissibility of criminal cases for cassation since 3 May 2005 ("Implementation of Resolution 1415 (2005) on the honouring of obligations and commitments by Georgia [Doc. 10779]") [#41527],  [ID 4814]

"New code of criminal procedure (CCP) [...] which entered into force on 3 May 2005. [...] After the changes in the CCP, not all criminal cases would go to cassation, but only those which are considered as important for the development of legislation, contradict the practice of the Supreme Court or constitute a grave violation of procedure which might prejudice the judgement. […]"

Document(s): Open document

14.03.2005 - Source: Council of Europe - Secretary General

Reform of the Code of Criminal Procedure ("Compliance with commitments and obligations: the situation in Georgia [SG/Inf (2005) 6]") [#31811],  [ID 4817]

"The ‘surgery’ amendments made to the existing Code of Criminal Procedure (CPC) in 2004 introduced the practice of plea-bargaining, which has been largely applied during anti-corruption operations. The Parliamentary Assembly, in its Resolution 1415 (2005), and local human rights defenders argue that its application is dubious and call for its revision. The Georgian authorities, for their part, defend the new model (see also doc. GR-EDS(2004)32), while recognising the need for a prudent use of the new rules and for further work with the prosecutors on the details of their application. The plea-bargaining system is likely to evolve. Introduction of an appeal procedure is envisaged, the plaintiff would have to prove that coercion was applied to accept the deal or that he/she had not received appropriate legal advise. The bargain could then be annulled by the judge.

34. Further changes to the current Criminal Procedure Code will be discussed by the Parliament at the next Spring session. The Parliamentary Committee on Legal Issues is elaborating proposals on simplification of investigative procedures, reduction of pre-trial custody from the current nine to a maximum of four months, introduction of defendant status term, etc. These amendments were discussed by the CoE experts in late February 2005 in Tbilisi.

35. Along with the ‘surgery’ amendments to the current Code, the Ministry of Justice continues working on a new Code of Criminal Procedure, in consultation with EU JUST THEMIS resident experts. The CoE experts participated in discussions of the draft. The experts were critical as to the conformity of the draft legislation with CoE standards and modern European legal practice. According to the Parliamentary Committee on Legal Issues the new draft will be presented to the Parliament not later than next autumn. The CoE stands ready to provide further assistance to the operational sub-group of the Ministry of Justice in the elaboration of the draft in cooperation with EU JUST THEMIS experts."

Document(s): Open document

26.11.2002 - Source: Human Rights Watch

Human Rights Watch: Flaws in criminal procedure ("“Pro-Torture” Legislation Looms in Georgia") [#9686],  [ID 4818]

Document(s): Open document

07.2001 - Source: Caucasus Institute for Peace, Democracy and Development

Caucasian Institute for Peace, Democracy and Development: During 1997-2000, 6130 convicts were pardoned by the president ("Georgia's Membership in the Council of Europe, Achievements and Failures") [#10549],  [ID 4819]

"In order to exercise his constitutional power to grant pardons (Article 73 of the Constitution) the president set the Commission for Pardon. The Commission considers the appeals for pardoning on a monthly basis and submits recommendations on granting pardons to the president. Upon the presidential signature, the convicts are released within 24 hours. During 1997-2000, the president has pardoned 6130 convicts. 63 more convicts were pardoned from January 1 to April 1, 2001. During the period under review, the president of
Georgia has pardoned 230 minors and 92 women convicts. Of this number 119 minors and 53 women were pardoned in 1999. The total number of people held in Georgian jails in 2000 has been 7022 prisoners and 1202 defendants."

Document(s): cipdd-geo.pdf