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  4. Public Order, Organized Crime & State
  5. Crimes Against Humanity & International Law
  6. Crimes Against Humanity Defense

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CrimesAgainstHumanityDefense

Is there a statute of limitations for crimes against humanity?

No, under Georgian law and international norms, there is no statute of limitations for crimes against humanity.

What is the maximum penalty under Article 408?

Article 408 of the Criminal Code provides for imprisonment for a term of fifteen to twenty years or life imprisonment.

Can a person be extradited for this charge?

Yes, provided there is a proper legal basis and guarantees that the person will not face torture or the death penalty in the receiving country.

Do Georgian courts consider Hague Tribunal practice?

Yes, Georgian courts increasingly rely on precedents from the International Criminal Court (ICC) and other international tribunals.

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Crimes against humanity represent the gravest category of international crimes, severely punished under Georgian legislation. This involves a widespread or systematic attack directed against any civilian population, expressed through murder, torture, deportation, rape, or other inhumane acts. Such an accusation requires highly qualified defense, as it involves not only national laws but also complex norms of international law (Rome Statute, Geneva Conventions). It is noteworthy that under Georgian law, crimes against humanity have no statute of limitations, meaning a person can be prosecuted decades later. Legal.ge gives you access to lawyers experienced in international criminal cases and the European Court of Human Rights (ECHR).

What Does Defense Service Cover for Such Cases?

This is the most complex type of criminal defense, which includes:

  • Complex Case Analysis: Detailed study of prosecution evidence (witness testimonies, archival documents, expert reports) in light of international standards.
  • International Element Assessment: Determining whether the act meets the elements of "crimes against humanity" (specifically, systematic and widespread nature) according to the case law of international tribunals.
  • Procedural Defense: Protecting client rights at all stages of investigation and trial, including pre-trial detention, extradition, or international search processes.
  • Expert Involvement: Engaging international law experts, historians, or military experts to strengthen the defense strategy.

Real-World Scenarios When You Need This Service

Such charges may be brought against:

  • Former State or Military Officials: Accused of illegal acts against the civilian population during conflicts.
  • Foreign Citizens: Present in Georgia facing an international arrest warrant (Interpol) or extradition request from another state.
  • Private Military Company Members: Whose actions in conflict zones may be qualified as crimes against humanity.

Georgian Legal Framework and Regulations

Crimes against humanity are covered by Article 408 of the Criminal Code of Georgia. This article is fully aligned with the Rome Statute of the International Criminal Court (ICC), of which Georgia is a member. Furthermore, the Constitution of Georgia and Article 71 of the Criminal Code explicitly state that the statute of limitations does not apply to this crime. The judicial process is regulated by the Criminal Procedure Code, although courts often use international precedents when evaluating evidence.

Service Process

Specialized lawyers on Legal.ge work according to the following scheme:

  1. Confidential Consultation: Initial assessment of factual circumstances with strict confidentiality.
  2. Defense Strategy Development: Identifying weaknesses in the prosecution's case (e.g., unreliability of evidence, political motivation).
  3. Active Defense: Participating in investigative actions, gathering evidence, and representation in court.
  4. International Instances: Preparing the case for the European Court of Human Rights (Strasbourg) if necessary.

Why Choose Legal.ge?

Charges under Article 408 carry a potential life sentence. In such cases, a regular criminal lawyer may not be enough. Legal.ge gives you access to elite lawyers with deep knowledge of international humanitarian and criminal law. Our goal is to protect every person's right to a fair trial, regardless of the severity of the accusation.

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