PROTECTION OF THE VICTIM IN THE CRIMINAL PROCESS

THE PROTECTION OF VICTIMS RESULTING FROM CRIME IS ONE OF THE PRIORITIES OF OUR LEGAL COMPANY

THE ROLE OF THE LAWYER IN THE PROCESS OF PROTECTING THE VICTIM

LEGAL ASSISTANCE FOR VICTIMS OF CRIME

Advocating for victims of crime in the process of justice is directly connected to the idea of restoring justice.

In turn, the rights of the victim include the restoration of interests violated as a result of the crime, participation in the criminal process, and receiving support from the state.

This concept envisions a comprehensive legal practice that ensures the victim receives financial compensation and has their voice heard in court, so that the process does not become an additional trauma.

When is the victim’s voice heard in the justice process? - Their voice is heard when they are given a real opportunity to participate in the case, express their views, and be protected from secondary victimization.

With this in mind, justice cannot be complete if it focuses solely on the rights of the accused. Thus, it is the effective procedural support of the victim that makes the justice process more balanced and fair.

COMPREHENSIVE LEGAL SUPPORT FOR THE VICTIM

LEGAL ADVOCACY AT THE STAGES OF INVESTIGATION, CRIMINAL PROSECUTION, AND ADMINISTRATION OF JUSTICE

RECOGNITION OF THE VICTIM AS THE INJURED PARTY

The lawyer will prepare and submit a qualified application and appropriate evidence to the Prosecutor’s Office of Georgia and request your recognition as a victim. If refused, he will appeal to the superior prosecutor, and then file a complaint with the court.

INITIATION OF CRIMINAL PROSECUTION

In case the prosecutor’s office refuses or delays bringing charges against the accused, the victim’s lawyer will file a substantiated complaint with the court and request the initiation of criminal prosecution by court order.

COMPENSATION FOR MORAL DAMAGES

Moreover, the lawyer will ensure the protection of the interests of crime victims in civil matters, which includes the restriction of various rights for the offender and the imposition of liability for compensating the property or moral damages caused by the crime.

RECOGNITION OF THE VICTIM AS THE INJURED PARTY

INITIATION OF CRIMINAL PROSECUTION

COMPENSATION FOR MORAL DAMAGES

WHAT RIGHTS DOES THE VICTIM HAVE IN THE CRIMINAL PROCESS?

The rights of the victim are guaranteed and limited by both Georgia's national law and the legal framework of international law, such as, for example, the Istanbul Convention.

BASIC RIGHTS AND GUARANTEES

Although the victim is only a participant in the process and not a party, they still possess solid procedural tools — ranging from the right to claim compensation through civil proceedings to the right to file a motion with the court to initiate criminal prosecution against the offender, namely:

RIGHT TO BE INFORMED OF THE CONTENT OF THE ACCUSATION

The victim has the right to know the nature of the charges brought against the offender. This ensures their awareness of the progress of the case.

INFORMATION ABOUT PROCEDURAL ACTIONS

He also has the right to receive information about the schedule of court hearings and the conclusion of a procedural agreement with the accused.

GIVING TESTIMONY ABOUT THE HARM SUFFERED

Furthermore, he is authorized to give testimony in court or submit information regarding the damage he suffered as a result of the crime. He can also state whether he has any claims against the accused.

RIGHT TO OBTAIN COPIES OF CASE MATERIALS

It should also be noted that, upon request, copies of the case materials and court decisions must be provided to him free of charge.

RIGHT TO REQUEST SPECIAL PROTECTION MEASURES

This is supplemented by the right to request the use of special protection measures: a security mechanism used when there is a real threat to a person’s life, health, and/or property.

REIMBURSEMENT OF EXPENSES AND RETURN OF PROPERTY

The victim has the right to request reimbursement for expenses related to participation in the process and the return of items seized for procedural actions.

PROCEDURE FOR RECOGNITION OF THE VICTIM AS THE INJURED PARTY

According to the law, the victim may be recognized as the state, a legal entity, or an individual who has directly suffered physical, moral, and/or property damage as a result of the crime. This status is granted by the Prosecutor's Office of Georgia or the court. Based on this, the recognition of the victim is carried out as follows:

AT THE INITIATIVE OF THE PROSECUTOR

As a rule, in the process of investigating a crime, the case-prosecutor makes the decision to recognize a person as a victim or, if the victim is no longer alive, to recognize a family member as the victim's legal successor.

BASED ON THE VICTIM'S APPLICATION

Furthermore, the victim of the crime has the right to file an application with the prosecutor's office requesting the initiation of an investigation and/or recognition as a victim. The prosecutor's refusal can be appealed to a superior prosecutor within 48 hours.

BASED ON THE COURT ORDER

If the prosecutor ultimately refuses, the court grants the person the status of a victim based on a motion depending on the location of the investigation.

INITIATION OF CRIMINAL PROSECUTION AGAINST THE OFFENDER BY COURT ORDER

The acquisition of the victim's status does not, by itself, mean the initiation of criminal prosecution against the offender: it is entirely possible for the prosecutor to grant you the status, while the offender remains unpunished. The reason for this is that the prosecutor’s office often refuses to bring charges against the offender, and the explanation for this will be provided below:

WHY DOES THE PROSECUTOR REFUSE TO INITIATE PROSECUTION?

First of all, because the offender, especially if they are a member of the law enforcement agencies, has personal connections with political parties and government institutions. These connections protect them.

WHAT DID THE CONSTITUTIONAL COURT'S DECISION CHANGE?

In light of this, by the decision of the Constitutional Court of July 23, 2023, in the case "Samson Tamariani, Malkhaz Machalikashvili, and Merab Mikheladze vs. the Parliament of Georgia," the constitutional court annulled the legal provision that excluded the victim’s right to file a motion in court requesting the initiation of criminal prosecution against the offender.

WHAT DOES THE RIGHT TO APPEAL TO THE COURT WITH A REQUEST TO INITIATE PROSECUTION MEAN?

As a result of this decision, the victim gains the right to appeal to the court the refusal of the superior prosecutor to initiate prosecution against the offender, depending on the location of the investigation. If the appeal is upheld, the court removes discretion from the prosecutor and initiates the case by order.

WE ARE BY YOUR SIDE!

OUR LAW OFFICE EFFECTIVELY PROTECTS THE RIGHTS OF VICTIMS AT BOTH THE STAGES OF INVESTIGATION AND CRIMINAL PROSECUTION, AS WELL AS IN CIVIL COMPENSATION LITIGATION.