Initiative that can make troubles for citizens
21 April, 2011
Initiative that can make troubles for citizens

Lawyers criticize Parliamentary Majority’s draft law


If any evidence is damaged in any form, it cannot be counted as evidence any more disregarding any previous expertise on the evidence and its conclusion. So far, initiators of the draft law do not explain expediency of the planned changes. However, lawyers fear that such a decision may put citizens in a predicament.
The draft amendment of the Criminal Code authored by representatives of the Parliamentary Majority Pavle Kublashvili and Giorgi Chiviashvili intends

to change circumstances connected with the evidences.
According to the draft law, if the object of the expert examination is stored by the second party, the latter is obliged to hand over the object to an expert of the initiating side. The experts of initiating side are supposed to perform the expertise. However, if the side cannot do it, it can request the court to get permission for the handover of the object to an expert, and do so where the investigation takes place. The sides would be informed about the time and place of the expertise. If the request author does not show up, the request is not examined. The court may decide to examine the request without verbal hearings. The decision of the court would be immune to any appeal.”
According to the draft law, the article will have an extra passage as follows: “if the expertise initiating side cannot or will not ensure protection of the subject of expertise examination, the expert conclusion would be unacceptable evidence. Questioning the expert as witness is prohibited.”
This means the main evidence of any case may suddenly loose the status and become worthless. Naturally, the case would be critically affected. In this regard, the interested party would have motivation to destroy the evidence. What is more, such destruction of evidence would incur not so severe penalty against the culprit expert.
In parallel with the proposed amendment, Kublashvili and Chiviashvili also devised another draft to amend Criminal Code. Here though the text reads that failure to protect the object of expertise on the part of the expert, resulting from negligence or ill intention, is punishable by penalty or 180-240 hrs public work or up to 2 years of corrective work or 3-5 years of imprisonment.”
Lawyers believe this decision will leave citizens vulnerable. They fear that the new rules will allow any interested party to harm or lose any evidence. One should keep in mind that the court accepts five types of evidence, including an expert conclusion. Therefore, experts explain, one cannot dismiss expert conclusions offhandedly.
“If evidence is lost, culprits must be identified. The same evidence may get lost in the expertise agency, court, administrative body and alike. So, it is crucial that you list every piece of evidence to an administrative court before applying to it. Their chancellery is obliged to check your application, appeal and their applicability.
Lawyers specify that the evidence obtained by a citizen may become problematic because courts often request originals of such evidence. If the evidence is lost then one should expect problems.
Some of the lawyers do not understand why conclusions of experts would be neglected because these documents already represent evidence themselves. So, it means if one evidence is lost, two evidences would be removed and disregarded by the court. It’s mind - boggling.
It is noteworthy that Georgian Young Lawyers’ Association protests the change. They say there are a large number of uncertainties which would likely pose problems to citizens. Plus, such uncertain clauses create misunderstandings in a procedural sense also.
So far, the authors of the draft law keep silence about the topic saying only that these questions would be specified during the second hearing. As the reader may remember, the draft law was only discussed at a committee level during the first hearing.

Print
Other Stories
Eka Beselia: “You will not be able to stop me, to make me stay silent, to disappear me!!!
MP Eka Beselia has posted an open letter on her Facebook page, following reports of sex tape leak.
CORRUPTION PERCEPTIONS INDEX 2018: Georgia got 58 out of 100
According to the CORRUPTION PERCEPTIONS INDEX 2018, Georgia scored 58 and was consequently ranked as 41 among 180 countries.
83% of Georgians support integration into the NATO, 78% into the EU – NDI
83% of NDI respondents support Georgia's integration into the EU, - the poll results of the National Democratic Institute say.
January 25 – birthday of the second president of Georgia
The 25th of January marks the 91st birthday of the second president of Georgia Eduard Shevardnadze.
Jack Shepherd from the UK detained in Georgia
A British man who went on the run last year after killing a woman in a speedboat crash on the River Thames has been detained in the former Soviet state of Georgia - says Reuters.
Georgia recognizes Juan Guaido as an interim president
Georgia recognized Venezuelan parliament speaker Juan Guaidó as an interim president.
Georgian PM aims to turn Georgian into a center of the region
Georgian PM Mamuka Bakhtadze is in Davos to participate in World Economic Forum. He gave interviews to two media outlets – CNBC TV and Deutsche Welle.
Judges that served the violent regime of Saakashvili should not be in the Supreme Court, says Eka Beselia
Eka Beselia, a member of the parliamentary majority, held a press conference in the Parliament today.
Possible confrontation within the Georgian Dream Party?
Eka Beselia, a member of the ruling party, will hold a news conference in the Parliament at 12:00 today.
13 dead from swine flu in Georgia, emergency treatment to be free for all
13 people died from swine flu in Georgia so far, but there is no risk of epidemy, says Georgian Minister of Health.
Georgian president Salome Zurabishvili not ready for launching diplomatic dialogue with Russia
I'm not ready to give any advice to the legislative body about the launch of the diplomatic relations or dialogue with Russia
Georgia suffering the steepest drop in democratic quality in eastern Europe
According to the statistics for the Democracy Index 2018, published by Economist Intelligence Unit (EIU),
“Let’s see if you can wrestle with women”- Interior minister to the opposition
Female Police officers were mobilized in front of the Gurjaani District Court where the case of Davit Kirkitadze, the member of the United Opposition was considered.
Georgian citizens can apply for temporary residency in France
150 permits for young specialists as well as additional 500 permits will be granted each year to go to work to France.
Numbers of Georgians seeking asylum in Germany has significantly decreased
According to Ambassador of Georgia to Germany Elguja Khokrishvili, the drop of asylum requests has been due to recently taken steps.
U.S. Congress supports Georgia with a new bill
Unanimously the U.S. approved the act, which calls for imposing sanctions on Russian actors for the commission of serious human rights abuses in the occupied Georgian territories of Abkhazia and South Ossetia.
‘Horn wrestling’ between opposition party leader and police chef
Yesterday on the 16th of December, clashes occurred between Nika Melia, leader of the United National Movement and Teimuraz Kupatadze, head of patrol police department in the village of Velistsikhe, Kakheti region (eastern part of Georgia).
Salome Zourabichvili officially becomes the fifth president of Georgia
The inauguration ceremony of president-elect Salome Zourabichvili took place in Telavi, Kakheti (eastern region of Georgia) on the 16th of December.
Fight erupt in paliament between Georgian MPs during session
Verbal and physical confrontation has occurred between MPs in the parliament.
Famous Georgians invited at the Inauguration of Salome Zourabichvili
The inauguration ceremony of president elect Salome Zourabishvili will be held in Telavi, Kakheti (eastern region of Georgia) on the 16th of December.
Exclusive interview with Lincoln Mitchell, American political analyst and Georgia expert
More than 20,000 people responded to the appeal of the opposition and gathered in front of the former parliament building in downtown Tbilisi last Sunday.
The after-pains of the presidential election in Georgia
Yesterday evening, at a meeting with his supporters in the Philharmonic Hall, the defeated candidate Grigol Vashadze made it clear that he didn’t recognize the result of the presidential elections and called for early parliamentary elections.
National democratic institute publishes their findings about the presidential elections in Georgia
A delegation of the National Democratic Institute, which included observers from five countries, analyzed the election process.
International media about the runoff presidential elections in Georgia
Although it didn’t hit the headlines, newspapers and broadcast around the world report about Salome Zurabishvili as the first woman who became president in Georgia.
100% of the ballot counted: Salome Zourabichvili wins
Yesterday on the 28th of November, the second round of the presidential election took place in Georgia.
PHOTO OF THE DAY
GEL Exchange Rate
Convertor
18.02.2019
19.02.2019
USD
1
USD
2.6413
2.6413
EUR
1
EUR
2.9791
2.9791
GBP
1
GBP
3.3851
3.3851
RUB
100
RUB
3.9608
3.9608
Other Stories
On 26 May, Jean-Claude Juncker, President of the European Commission, joined celebrations in the Georgian capital of Tbilisi
Violation of Georgia’s sovereignty and territorial integrity by Assad regime has been strictly criticized
Exactly one year ago, Georgia was granted visa-free travel with the European Union.
Georgia’s ex-president president Mikheil Saakashvili's supporters managed to free detained Mikheil Saakashvili in the center of Kiev.
The US Ambassador to Georgia Ian Kelly congratulates Georgia on Independence Day.
The regulations on the introduction of visa-free travel for citizens of Georgia have been officially signed in Brussels.
The entire Georgia is involved in Secret Santa game, which means that people are sending gifts to each other secretly
The Minister of Foreign Affairs of Georgia is taking part in NATO Ministerial underway in Brussels, Belgium.
A special squad has been mobilized at the 48th polling station in Marneuli, Kvemo Kartli region.
Two politicians in Georgia have come to blows during a live TV debate ahead of the country’s parliamentary elections, Euronews reports.
GEL Exchange
USD
1
USD
2.6413
EUR
1
EUR
2.9791
GBP
1
GBP
3.3851
RUB
100
RUB
3.9608
February 2019
Mon Tue Wed Thu Fri Sat Sun
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28