Domestic violence and related criminal prosecution, regulated by Article 126¹ of the Criminal Code of Georgia, represent one of the most sensitive and strictly regulated legal areas in Georgia. In recent years, the state has significantly tightened its policy against domestic violence, manifested in the speed of procedural actions and the severity of penalties. Charges under Article 126¹ imply violence, systematic insults, blackmail, or humiliation by one family member against another, resulting in physical pain or suffering. Being in the position of the accused in such cases requires immediate and highly qualified legal intervention, as not only reputation but also personal freedom and the future are at stake.
The role of a lawyer in cases under Article 126¹ is critical. In many instances, the prosecution may rely solely on the victim's testimony or indirect evidence, increasing the risk of convicting an innocent person. Legal.ge allows you to connect with criminal defense specialists who have specific experience in domestic crime cases and can effectively protect your rights during both the investigation and court trial stages.
What Does Defense Under Article 126¹ Include?
Defense of persons accused under Article 126¹ of the Criminal Code is a complex process encompassing the following services:
- Rapid Response to Arrest: Immediate lawyer visit to the temporary detention center, consultation before giving the initial testimony, and checking the legality of the arrest.
- Determination of Preventive Measures: Representation in court during the hearing on preventive measures. The lawyer fights for the use of bail or other lighter measures instead of imprisonment.
- Evidence Collection and Analysis: Alternative investigation by the defense — interviewing witnesses, obtaining video recordings, appointing expertise to determine the origin of physical injuries.
- Plea Agreement: Negotiating with the Prosecutor's Office for a plea agreement, which implies a reduction in sentencing in exchange for an admission of guilt, if it is in the client's interest.
- Court Trial: Full defense of the client during the substantive hearing of the case, conducting cross-examinations, and fighting for an acquittal.
Common Real-World Scenarios
Domestic violence allegations often arise in complex family conflicts. Let's consider several common scenarios:
The first scenario involves divorce proceedings and property disputes. Often, one party uses the police and Article 126¹ to gain an advantage in child custody or property division processes. The lawyer's task is to prove the motive behind the accusation and its factual groundlessness.
The second case is a verbal altercation that did not escalate into physical violence. The law distinguishes psychological violence from an ordinary argument, but in practice, the line is often blurred. The lawyer works to prove that no criminal offense took place.
The third scenario is self-defense. When a person became a victim of aggression themselves and was forced to defend themselves, but the police arrested them as the abuser. Here, forensic expertise and studying the nature of injuries are crucial.
The fourth situation is false accusation. When a family member fabricates an incident of violence for revenge. In such cases, confirming an alibi and questioning the credibility of witnesses is essential.
Georgian Legal Framework and Regulations
The defense strategy is based on Georgian criminal and procedural legislation:
- Criminal Code of Georgia (Article 126¹): Defines the concept of domestic violence and sentencing measures. This article provides for both community service and imprisonment.
- Criminal Procedure Code of Georgia: Establishes the rights of the accused, including the right to silence and the right to have a lawyer from the moment of arrest.
- Law on Prevention of Violence against Women and Domestic Violence: Defines preventive mechanisms and guarantees for victim protection, which must be considered when building a defense strategy.
Process and Stages
The process of criminal prosecution begins with the investigation stage. Within 48 hours of arrest, the accused must be formally charged, and the court must deliberate on preventive measures. This is the most critical period. The lawyer collects character references, checks the accused's alibi, and tries to convince the court that imprisonment is unnecessary. The next stage is the pre-trial hearing, where parties exchange evidence and the issue of admissibility is decided. The final stage is the trial on the merits, where the judge delivers a guilty or not guilty verdict.
Why Legal.ge?
In criminal cases, especially under the domestic violence article, time and qualification are decisive. Legal.ge connects you with lawyers who have a successful track record in cases under Article 126¹. Our platform's specialists ensure confidentiality, professional ethics, and uncompromising protection of your rights.
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