Appellate Defense in Georgia | Legal.ge

AppellateDefense

What is the deadline for filing an appeal?

You have exactly one month from the day the verdict is officially served to you. Late appeals are generally rejected.

Can my sentence get worse on appeal?

Only if the prosecutor also appeals asking for a harsher sentence. If only the defendant appeals, the court cannot increase the punishment.

Can I present new witnesses in the Court of Appeals?

Generally, no. New evidence is allowed only in exceptional cases where you can prove it was impossible to present it earlier.

Does the appeal stop the execution of the sentence?

No, if you are in detention, you remain there during the appeal process unless the court grants bail (which is rare post-conviction).

Appellate Defense: Appealing to the Court of Appeals

A verdict delivered by a first-instance court (City or District Court) is not final. If you believe the judge incorrectly assessed the evidence, violated procedural norms, or imposed an excessively harsh sentence, you have the right to appeal the decision to the Court of Appeals. This is a critical stage, often called the "second chance." The Court of Appeals has the authority to fully overturn the verdict, reduce the sentence, or acquit the individual. However, success depends on the quality and argumentation of the appeal. The deadline for filing is strictly defined—one month from the delivery of the verdict, so wasting time is impermissible.

Appellate defense differs from the first instance. The focus here is not so much on finding new evidence (which is restricted) but on the legal analysis of existing materials and highlighting errors made by the first-instance judge. A qualified lawyer must convince the panel of three judges that the lower court''s decision is illegal or unsubstantiated.

What Does Appellate Defense Service Cover?

Lawyers registered on Legal.ge offer comprehensive services at the appellate stage:

Verdict Analysis: Detailed study of the first-instance verdict and trial transcripts to discover legal and factual errors.
Drafting the Appeal: Creating a substantiated appeal that clearly outlines why the verdict should be annulled or modified.
Presenting New Evidence: In rare cases, the law allows new evidence if it could not be presented in the first instance for objective reasons. The lawyer justifies this necessity.
Oral Hearing: Active protection of interests during Court of Appeals hearings, participation in debates, and defending the position.
Sentence Mitigation: Working to reduce the punishment, for example, changing actual imprisonment to a suspended sentence.

Common Grounds for Appeal

An appeal is often based on the following circumstances:

Incorrect Evaluation of Evidence: The judge ignored significant defense evidence or relied solely on dubious prosecution testimonies.
Procedural Violations: Defense rights were violated, evidence was illegally admitted, or the trial had procedural flaws.
Inappropriate Sentence: The imposed punishment is clearly disproportionate to the severity of the act or the individual''s character (too harsh).
Misapplication of Law: The act was incorrectly qualified (e.g., it should have been self-defense instead of intentional murder).

Georgian Legislation and Legal Framework

Appeal rules are outlined in Article 292 and following articles of the Criminal Procedure Code of Georgia. The complaint must be filed within 1 month of the announcement (or delivery) of the judgment. The Court of Appeals reviews the case within the scope of the appeal, meaning it checks only the part of the verdict that is challenged. However, in favor of the convict, the court can go beyond the appeal''s scope and review the entire verdict. It is important to remember that the Court of Appeals'' decision enters into legal force immediately upon announcement, though it is subject to cassation appeal.

Process: What to Expect

Working with a lawyer begins the moment the verdict is delivered. Time is limited. The lawyer will prepare the appeal and file it with the court. The Court of Appeals first checks the admissibility of the complaint. If admitted, a substantive hearing is scheduled. The process may involve several sessions. The lawyer will try to convince the judges that the first-instance court erred. The result can be acquittal, return of the case, or modification of the sentence.

Why Choose Legal.ge?

The appellate stage requires high qualifications and written argumentation skills. Legal.ge gives you access to lawyers with successful experience in the Court of Appeals. Do not accept an unfair verdict—use your right to appeal with professionals. Find your defender on Legal.ge.