Representation of homicide victims (defense of the successor) is the gravest legal service carrying the highest responsibility. When a crime results in a person''s death, the victim status in the legal process is transferred to their legal successor (usually a family member). For a family experiencing immense tragedy, it is vital that the case be investigated thoroughly and the perpetrator be held accountable to the full extent of the law. The lawyer''s role here is crucial: they become the voice of the deceased in court and ensure that the prosecutor does not make mistakes, does not agree to unjustified compromises (plea bargains), and that the court delivers a fair verdict. This service includes representation in cases of intentional murder (Articles 108, 109), incitement to suicide, and other cases related to the loss of life.
Functions of the successor''s lawyer
The lawyer performs complex work to protect the interests of the deceased''s family:
- Obtaining status: Timely assignment of the victim''s successor status to a family member, which gives them the right to be involved in the case.
- Controlling investigation quality: The lawyer studies case materials in detail, including expert reports (ballistic, forensic medical, traceological), and checks whether investigators missed important details.
- Monitoring charge qualification: The lawyer fights to ensure the act is qualified correctly (for example, as aggravated murder rather than negligence or necessary defense).
- Opposing the prosecution: If the prosecution plans to sign an unfavorable plea agreement, the lawyer protests this in higher instances and in court.
- Moral damage compensation: Demanding compensation for moral and material damage (funeral expenses, loss of breadwinner) for the family.
Categories of cases
Lawyer assistance is needed in cases such as:
- Intentional murder: Crime committed with premeditation or in a state of affect.
- Aggravated murder: Murder committed with particular cruelty, for mercenary motives, or by a group.
- Fatal traffic accidents: When a person is killed in an accident and the liability of the offending driver needs to be established.
- Unclear circumstances: When the cause of death is suspicious (e.g., staged suicide) and the family demands the truth be established.
Legal regulations
Cases are regulated by:
- Criminal Code of Georgia:
- Article 108: Intentional murder.
- Article 109: Intentional murder under aggravating circumstances (with the prospect of life imprisonment).
- Article 276: Violation of traffic safety rules resulting in loss of life.
- Criminal Procedure Code: Regulates the rights and duties of the victim''s successor.
Process specifics
This is a long and emotionally difficult process:
- Expertise stage: Determining the cause of death, DNA analysis.
- Pre-trial hearing: Discussing the admissibility of evidence.
- Main hearing: The lawyer actively participates in examining witnesses and delivering the closing argument.
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