Appealing a criminal verdict: what to do under Georgian law

What to do

1. Deadlines first: an appeal is filed with the court that issued the verdict within 1 month from the day it is pronounced (Criminal Procedure Code of Georgia, Art. 293). A verdict enters into force and is enforced immediately after it is publicly pronounced (Criminal Procedure Code, Art. 279). Filing an appeal does not suspend enforcement of the verdict (Criminal Procedure Code, Art. 293), and the deadline does not wait for receipt of the reasoned text.
2. Type of verdict: a verdict based on a plea bargain may be appealed only within 15 days and on narrow grounds, such as coercion, deception or violation of the right to defence (Criminal Procedure Code, Art. 215). No appeal is filed against a verdict based on a jury's verdict (Criminal Procedure Code, Art. 292).
3. Who may appeal: the right of appeal belongs to the prosecutor, the superior prosecutor, the convicted person and/or their lawyer. The victim is not on the list (Criminal Procedure Code, Art. 292). If the defendant is acquitted, the victim asks the prosecutor to file an appeal. At the victim's request, the victim is notified in advance of the appellate or cassation hearing (Criminal Procedure Code, Art. 58).
4. Content: the appeal must state which provisions of the verdict are contested, why they are unlawful or unfounded, and the supporting evidence, including new evidence (Criminal Procedure Code, Art. 293). If the appeal has defects, the court gives 5 days to correct them. If they are not corrected, the appeal is inadmissible and the ruling is final (Criminal Procedure Code, Art. 295). The burden of proving that the verdict is unlawful or unfounded lies with the appellant (Criminal Procedure Code, Art. 297). New evidence is examined only if it is of particular importance and its submission at first instance was objectively impossible (Criminal Procedure Code, Art. 297).
5. Limits: where only the defence appeals and there is no appeal from the prosecution, the court may not worsen the position of the convicted person (Criminal Procedure Code, Art. 298). Where the appeal concerns only the sentence (and lesser offences), the court may reduce the sentence without a hearing, by no more than a quarter (Criminal Procedure Code, Art. 295).
6. Cassation: a cassation appeal against a verdict of the appellate court is filed with the court that issued it, within 1 month from pronouncement. The Supreme Court of Georgia examines it (Criminal Procedure Code, Art. 302). Cassation is admitted only if the ground for admission is substantiated, for example a material violation of norms by the appellate court or divergence from established case law. A refusal is final (Criminal Procedure Code, Art. 303).
7. Where to apply: the court that issued the verdict (filing the appeal); the appellate court, Criminal Chamber; the Supreme Court of Georgia (cassation).
8. Evidence: a copy of the verdict and the hearing record; evidence from the case file; new evidence, with an explanation of why it was not presented at first instance.
9. Pitfalls: counting the deadline from receipt of a copy, or waiting for the verdict to “enter into force”, when it is already being enforced; new evidence without an explanation of why it could not be presented earlier; a victim filing an appeal on their own, since the victim's complaint is not provided for.

Be sure to check

• appeal deadline: 1 month from pronouncement; filed with the court that issued the verdict
• the verdict is enforced immediately; the appeal does not suspend it
• who may appeal: the convicted person, their lawyer or the prosecutor; the victim may not
• scope of appeal: new evidence, and the bar on worsening the position where only the defence appeals
• cassation to the Supreme Court: 1 month and an admissibility filter