Domestic violence criminal case — the victim’s position: what to do under Georgian law

What to do

1. Prosecution is public: violence, systematic insult, blackmail or humiliation of a family member that caused pain or suffering is a crime (Criminal Code of Georgia, Art. 126¹); whether to terminate prosecution is decided by the prosecutor on public-interest grounds — the complaint cannot be “withdrawn” (Criminal Procedure Code of Georgia, Art. 16); during the investigation a restraining order is mandatory (Law on Elimination of Violence against Women and/or Domestic Violence, Art. 10).
2. If she wants to stop: a close relative of the accused is not obliged to testify as a witness (Criminal Procedure Code, Art. 50); this includes a spouse, including a divorced one (Criminal Procedure Code, Art. 3); before she refuses, she is offered a consultation with the witness and victim coordinator and 3 days to think it over (Criminal Procedure Code, Art. 50). But false testimony (“he did not hit me”) is a crime, punishable by up to 4 years (Criminal Code, Art. 370).
3. If she wants prosecution: if the application for victim status is not granted within 48 hours, a complaint goes to the superior prosecutor (Criminal Procedure Code, Art. 56); a victim who cannot pay is entitled to a free lawyer at any stage (Criminal Procedure Code, Art. 57). Rights: the right to be informed of the preventive measure and of the release of the accused (Criminal Procedure Code, Art. 57); the court gives priority to the ban on approach and seizure of weapons (Criminal Procedure Code, Art. 199); closed hearing (Criminal Procedure Code, Art. 182); the prosecutor must consult her before a plea bargain (she cannot appeal it, but her civil claim is preserved) (Criminal Procedure Code, Art. 217).
4. If the case is terminated: a complaint to the superior prosecutor, then to the district court — decision within 15 days (Criminal Procedure Code, Art. 106).
5. In parallel, independently of the criminal case — a protective order in court, shelter, crisis centre.
6. Where to apply: police, prosecutor’s office; Legal Aid Service; witness and victim coordinator; district court.
7. Evidence: medical records, photos, correspondence, recordings, witnesses, earlier police call-outs.
8. Pitfalls: there is no procedure to “withdraw the complaint”; lying to shield a husband is a criminal offence; “making up” while a restraining order is in force — the order continues to apply.

Be sure to check

• prosecution is public — the case does not end at the victim’s request
• a spouse or close relative may refuse to testify (after consultation and 3 days to think it over), but false testimony is a crime
• victim status and her rights (information about the preventive measure, closed hearing, consultation before a plea bargain)
• a free lawyer for a victim of domestic violence
• challenging the termination of the case — up to and including court