Legislative Gaps in Evidence Gathering

11.09.2016

The study “Evidences in Criminal Proceedings”, represented on September 12, analyzes the evidence gathering, admitting and evaluating process according to the Criminal Procedure Code. A group of experts studied the Georgian Legislation, scholarly commentaries, decisions made by the international human rights courts, as well as reports prepared by various international and non-governmental organizations.

Analysis of judicial practice is an important part of this study, which will facilitate the establishment of a common practice in Georgia through which the General Court of Georgia will make decisions in line with international standards.

Presentation was attended by the representatives of the Justice Ministry, Prosecutor’s Office, and the Legal Aid Service, the General Court, non-governmental organizations and experts working on the Criminal Code.

The study revealed significant legislative gaps, as well as the cases of inhomogeneously interpreting the law in court practice, problems related to   the reasoning of the court decision and to the competence of parties of the proceeding.

The study was conducted with the support of Open Society Georgia Foundation.