Homicide Victim Representation — Who the Client Is and What the Law Promises
In a homicide case the victim can no longer join the proceedings — the role passes to close relatives and heirs, and this page is written for them. It explains what it means for the persons holding the victim's procedural position to be represented by an advocate under the Georgian Law on Advocacy Activity — within the bounds of Articles 2, 4 and 6. This statute does not regulate the victim's procedural powers in criminal proceedings — those are established by criminal procedure legislation; the advocacy statute answers the question of who, and how, protects these persons' interests throughout the process.
The Basis of Representation — the Bounds of Advocacy Activity
Under Article 2, advocacy activity includes giving legal advice to the person who has approached for assistance — that is, to the heir or relative who becomes involved in the case; representing the client in a criminal case before the court and the investigation bodies; preparing legal documents addressed to third parties and submitting documentation in the client's name. Under subparagraph "a" of the first part of Article 4, the advocate represents and defends the client before constitutional, supreme and common courts, arbitration and investigation bodies. One representative thus accompanies the heirs through every stage of the process — beginning with the investigation and ending with the supreme court.
Access to Documents and Control over the Case File
A homicide case is documentarily heavy: expert examinations, protocols, video recordings, conclusions. Under subparagraph "b" of the first part of Article 4, for the purpose of protecting the client's interests, the advocate demands and receives, in the manner prescribed by legislation, the necessary documents, certificates and factual data. For the heir this is decisive: access to the real state of the case opens precisely through this right, and the advocate sees what the prosecution holds and where the contested places lie. The advocate's activity may be restricted only by law — the guarantee of the second part of the article — meaning that no participant in the process can determine how the advocate defends the heir's interests.
The practical weight of this framework is especially visible in a homicide case. Because of its duration, the case often passes through more than one instance; the prosecution adjusts its position and witnesses adjust their assessments. In such dynamics it matters that the family be served by one and the same representative who has known the file from the beginning: every detail — from the expert conclusions to the procedural deadlines — stays in one pair of hands, and no stage passes unmonitored.
All Lawful Means and Being Informed
Under the first part of Article 6 the advocate is entitled to use, for the protection of the client's interests, every means not prohibited by legislation or the norms of professional ethics. The second part imposes a duty on the advocate — to provide the client in a timely manner with all information and to explain every possible financial obligation connected with the conduct of the case. In a homicide case, where the process is long and the emotional strain maximal, both norms carry practical value: the advocate chooses every lawful path, while the family always knows what is happening and what the process costs in material terms.
What the Georgian Order Does Not Give You — the Limits of Foreign Frameworks
It is honest to say also what Georgian law does not provide. American law knows special legislative frameworks for victims' rights; in the Georgian order there is no similar separate statute — the procedural standing of the victim's heir is defined by criminal procedure legislation. Property claims — funeral expenses, compensation for lost income — are resolved under the civil procedure. This page's promise is precisely measured: the advocate's representation and defence within the framework established by the advocacy statute — at every instance, with access to documents and all lawful means.
Frequently Asked Questions
Below we answer the questions most important for relatives.
Who can be the advocate's client in a homicide case?
The person who approaches for assistance — in practice a close relative or heir of the victim; the advocacy statute governs advice and representation for every person who applies.
Does the advocate see the case file?
For the protection of the client's interests the advocate demands and receives, in the prescribed manner, the necessary documents, certificates and factual data — this is the basis of access to the real picture of the case.
What if the case passes through more than one instance?
The advocate's representation covers every court — constitutional, supreme and common courts, arbitration and investigation bodies; changing representative is not required.
Will the family be informed about costs?
Yes — the advocate is obliged to provide all information in a timely manner and to explain every possible financial obligation connected with the case.
How We Help on Legal.ge
On Legal.ge you can contact an experienced criminal-law advocate who supports a homicide victim's family at every stage: obtains the case materials, assesses the prosecution's position, represents you before the investigation and the court, and defends your interests by every lawful means. Fill in the request form on the site and get a qualified consultation on Legal.ge.