Cassation Appeals Defense in Georgia | Legal.ge

CassationAppeals

Does the Supreme Court review facts?

No, it only reviews whether the law was correctly applied and procedural rules were followed. It does not re-examine evidence or witnesses.

What are the chances of my appeal being accepted?

Acceptance rates are relatively low because the criteria (Art. 303) are strict. A lawyer increases your chances by framing arguments legally, not factually.

Can I attend the Supreme Court hearing?

Usually, proceedings are written (without a hearing). Oral hearings are scheduled only in exceptional cases.

What happens if I lose in the Supreme Court?

The verdict becomes final and irreversible in Georgia. Your only remaining option is to apply to the European Court of Human Rights (ECHR).

Cassation Appeals: Defense in the Supreme Court

The Supreme Court of Georgia represents the highest and final instance of justice in the country. A cassation appeal is the last chance at the national level to overturn an unfavorable verdict. However, unlike the Court of Appeals, the Supreme Court does not review the factual circumstances of the case (e.g., who said what, or what a witness saw). The function of the cassation court is to check whether the lower court applied the law correctly and whether procedural norms were followed. Consequently, drafting a cassation appeal requires the highest legal qualification and deep knowledge of legal norms.

The biggest challenge at the cassation stage is the admissibility of the appeal. The Supreme Court does not review every complaint; it selects only those cases that meet strictly defined criteria by law (for example, if the case is important for the development of law or if the Court of Appeals grossly violated procedure). Statistically, the majority of cassation appeals are declared inadmissible because they are not drafted correctly. That is why the role of a qualified lawyer is decisive at this stage.

What Does Cassation Defense Service Cover?

Lawyers on Legal.ge offer specialized services at the cassation stage:

Legal Audit: Detailed analysis of the Court of Appeals'' verdict to identify legal errors (misinterpretation of the law, procedural violations).
Drafting the Cassation Appeal: Preparing a high-quality complaint focused not on facts, but on legal arguments, meeting admissibility criteria.
Justifying Admissibility Criteria: The lawyer argues why reviewing this case is important for establishing uniform court practice or protecting human rights.
Representation: In rare cases where the Supreme Court schedules an oral hearing, the lawyer represents the client''s position before the panel.

Main Grounds for Appeal (Article 303)

A cassation appeal may be considered if:

Precedential Value: The case is important for the development of law and the establishment of uniform court practice.
Divergent Practice: The Court of Appeals'' decision differs from the Supreme Court''s existing practice on this category of cases.
Procedural Violation: The Court of Appeals reviewed the case with significant procedural violations that substantially affected the outcome.
Unconstitutionality: The law applied contradicts the Constitution of Georgia.

Georgian Legislation and Legal Framework

Cassation proceedings are regulated by Chapter XXIV of the Criminal Procedure Code of Georgia (Articles 299-306). The deadline for filing a complaint is 1 month from the delivery of the Court of Appeals'' verdict. The cassation court reviews the case through a written procedure, without the presence of parties (with exceptions). The decision of the Supreme Court is final and cannot be appealed within Georgia. It can only be changed based on a decision by the Strasbourg Court due to newly discovered circumstances.

Process: What to Expect

After filing the cassation appeal, the Supreme Court decides on its admissibility within a few months. If the appeal is admitted, its review begins. If the appeal is declared inadmissible (which is common), the process ends, and the verdict remains in force. Therefore, the quality of the complaint is crucial. Lawyers on Legal.ge maximize legal argumentation to increase the chances of admissibility.

Why Choose Legal.ge?

Success in the Supreme Court requires academic legal knowledge and deep analysis of case law. Legal.ge gives you access to elite lawyers with experience in the cassation instance. They will help you utilize your last chance at the national level. Find a top-qualification lawyer on Legal.ge.