Detention, charges, defence: what to do under Georgian law

What to do

1. First hours: a statement made by a detained person before their rights are explained (to a lawyer, to remain silent, not to testify against oneself) is inadmissible evidence (Criminal Procedure Code of Georgia, Art. 174). You may remain silent at any time, and this is not evidence of guilt (Criminal Procedure Code, Art. 38). You have the right to choose and change a lawyer; an indigent person is provided with a lawyer at the State's expense (Criminal Procedure Code, Art. 38). You have the right to inform relatives immediately of the detention and your place of detention (Criminal Procedure Code, Art. 38). Without a lawyer, do not sign anything and do not give testimony.
2. Time limits: detention may last no more than 72 hours. A decision on charges must be made no later than 48 hours after detention, otherwise the person is released immediately (Criminal Procedure Code, Art. 174). If a motion for a preventive measure has not been submitted to the magistrate judge within 48 hours of detention, the detainee is released immediately (Criminal Procedure Code, Art. 196). The judge must consider the motion for a preventive measure no later than 24 hours after it is submitted (Criminal Procedure Code, Art. 206).
3. Preventive measure (bail, undertaking not to leave the country, personal guarantee, etc.): detention is imposed only if it is the only means available (Criminal Procedure Code, Art. 205). When a preventive measure is chosen or changed, the burden of proof always lies with the prosecution (Criminal Procedure Code, Art. 206). Prepare information on identity, work, family, housing and compensation for any damage. Custody periods: custody until the pre-trial hearing may not exceed 60 days from detention (Criminal Procedure Code, Art. 205); the overall term of custody of an accused person may not exceed 9 months (Criminal Procedure Code, Art. 205). Appeal: a ruling on a preventive measure may be challenged once, within 48 hours, to the investigative chamber of the appellate court (Criminal Procedure Code, Art. 207).
4. Police summons: questioning (გამოკითხვა) at the police is voluntary, and you must be warned of this (Criminal Procedure Code, Art. 113). Testimony is mandatory only before a magistrate judge, at a party's request (Criminal Procedure Code, Art. 114). Search: a search without a court order is permitted only in an urgent case. The prosecutor notifies a judge within 24 hours, and the court reviews the lawfulness of the search (Criminal Procedure Code, Art. 112).
5. A plea bargain with the prosecutor means admitting guilt and a verdict without examination of the evidence. A procedural agreement is not permissible without the direct participation of a lawyer (Criminal Procedure Code, Art. 210).
6. Where to apply: a lawyer under a contract, or the Legal Aid Service (free of charge for indigent persons); the magistrate judge at the place of investigation; the investigative chamber of the appellate court.
7. Evidence: detention and search records, the decision on charges, the ruling on the preventive measure.
8. Pitfalls: “just talking” without a lawyer, since what you say may be used against you; missing the short deadline for challenging a preventive measure; signing a plea bargain without understanding the consequences (a criminal record, and civil liability remains).

Be sure to check

• the rights of a detained person, including the right to a lawyer, and a free lawyer for those who cannot pay
• maximum time limits: decision on charges and motion for a preventive measure, 48 hours; detention, 72 hours
• preventive measure, its criteria and how to appeal it
• do not give testimony or enter a plea bargain without a lawyer