Case investigation is a central part of advocacy and is guaranteed by the rights defined by the Georgian Law on Advocacy. Advocacy includes the giving of legal advice by an advocate to a person who has approached him or her for assistance (the client); the representation of the client in a constitutional dispute and in criminal, civil or administrative cases before courts, arbitration, detention and investigation bodies; the preparation of legal documents addressed to third persons and the submission of any documentation in the client's name; and the provision of legal assistance not involving representation before third persons. At the investigation stage the advocate's role is particularly significant — it is here that the bulk of the case file takes shape, together with the further direction of the case, and what is recorded at this stage determines the fate of the case in the subsequent instances.
The advocate's rights in investigation bodies
The law grants the advocate broad rights to represent and defend the client: the advocate represents and defends the client, his or her rights and freedoms, before the constitutional, supreme and common courts, in arbitration and before investigation bodies, and in relations with other physical and legal persons. For the purpose of protecting the client's interests, the advocate may, in the manner established by legislation, request and receive the documents, certificates and other factual data necessary for the activity. The advocate's activity may be restricted only by law — a guarantee that is the mainstay of a client's rights in the investigative process. Beyond the listed rights, the advocate may also enjoy other rights provided for by procedural legislation: the law does not leave the list closed, and every new procedural situation opens additional possibilities.
The guarantee of meetings and correspondence
One of the most important guarantees of the investigation stage is the advocate's right to meet face-to-face, without hindrance, at any time and without control, in the manner established by criminal procedural legislation, with a person who is detained, arrested or placed in another place of restriction of liberty, and to correspond with him or her. This creates an appropriate space of confidentiality between the advocate and the client, allowing the defense strategy to be planned and the person's actual condition to be assessed. In addition, the advocate may supply information to the police or other authorized bodies about a possible fact of violence against women or domestic violence where a risk of repetition exists.
Preparation and submission of documents
Advocacy also includes a documentary stage: the advocate prepares legal documents addressed to third persons and submits any documentation in the client's name. At the investigation and court stages this means that complaints, applications and other procedural documents are shaped with the advocate's participation and submitted through him or her — securing the legal quality of the document and the consistency of the client's position.
The tasks of the defense at the investigation stage
In the process of investigating a case the advocate solves several tasks. The first is giving the client legal advice before every procedural action: before giving testimony, before consenting to an examination, before making any statement. The second is studying the case file and requesting additional evidence — the law gives the advocate the right to request and receive documents, certificates and factual data. The third is continuous contact with the detained or arrested person and monitoring of his or her condition. The advocate also represents the client not only before the investigation bodies but also in arbitration and in courts of every instance, and submits documentation in the client's name.
Reading these guarantees together means that the advocate's role at the investigation stage is not passive observation: the right of meeting and correspondence secures contact with the client, the right to demand documents secures the informational base, and the submission of documentation in the client's name formalizes the position. Each instrument is a separate step, and their timely use determines the quality of the defence.
Frequently Asked Questions
What does advocacy include?
Legal advice, representation in courts, arbitration and investigation bodies, preparation of documents and legal assistance.
May the advocate request documents?
Yes — for the protection of the client's interests, in the manner established by legislation.
How do meetings with a detained person take place?
Without hindrance, at any time and without control, in the manner established by procedural legislation.
May the advocate's activity be restricted?
Only by law — restriction in any other form is not permitted.
What is the guarantee of meetings?
The advocate may meet a confined person unhindered, at any time and without control, in the manner established by procedural legislation, with the right of correspondence as well.
How We Help on Legal.ge
The Legal.ge team works with the client at every stage of a case investigation: we give legal advice, study the case file, request documents and certificates, and ensure defense in relations with the investigation bodies. Get the assistance of a qualified advocate on Legal.ge.