Georgia: committee of legal issues consider amendment to “procedural code of criminal law”

Tbilisi: In a recently held meeting the Committee of Legal Issues considered the amendment to the “Procedural Code of Criminal Law” of Georgia. Under this amendment, the investigator will have a right to limit the right of short or long meetings of the accused.

It is specifically to be mentioned that the criminal law amendment refers to the decision made by the Constitutional Court of the country with regard to the restriction of short meetings, correspondence, and telephone conversations of an accused.

As per the new draft lae if there is any reasonable ground that a crime will be committed as a result of the use of the right of short or long meetings or with use of correspondence or telephone conversations by the accused who have been placed in a penitentiary institution or there are chances that the witness will be influenced, evidence will be prevented or the administration of justice will be obstructed the prosecutor or The investigator has the right to limit the accused’s right to short and or long meetings, correspondence and or telephone conversations.

However these rights can be limited for not more than two months instead of 90 days, as it was defined in the old version of the draft law. After this period if there is a relevant basis the prosecutor or the investigator will be authorised to renew the imposed restriction for more period. If the legitimate grounds for such restrictions no longer exist within two months then the prosecutor will be obliged to cancel his or the investigator’s decision.

According to other details of the draft law if the accused considers that there is no appropriate basis for the restrictions imposed on him he has the right to move against the prosecutor and request the cancellation of the said restriction.

Moreoover this can also be appealed in court. This decision of the prosecutor can be appealed to the superior prosecutor within five days, and the decision of the superior prosecutor can be appealed to the district (city) court again within 5 days of delivery. Also the court will have a 5-day consideration period in the case of the mentioned complaint.