Wrongful Conviction Defense in Georgia | Legal.ge

InnocenceProjects

Is there a time limit to reopen a criminal case?

No, under Georgian law, there is no statute of limitations for reopening a case due to newly discovered circumstances if it benefits the convicted person.

Can DNA evidence reopen a closed case?

Yes, new DNA analysis using modern technology that excludes the convict as the perpetrator is a strong ground for retrial.

What if the witness lied?

If a witness admits to perjury or is convicted of lying, this constitutes a "newly discovered circumstance" allowing for case revision.

Who decides if the case is reopened?

The Court of Appeals reviews the motion and evidence to determine if the new circumstances warrant overturning the final verdict.

Innocence Projects and Wrongful Conviction: Legal Defense Post-Judgment

The conviction of an innocent person is a tragedy for any legal system. Despite the efforts of the judiciary, errors occur: false witnesses, flawed expertise, inadequate defense, or biased investigations can lead to an innocent individual spending years in prison. In Georgia, revising a final guilty verdict is an extremely complex process requiring an extraordinary legal approach and solid new evidence. This is not a simple appeal; it is a battle to reopen proceedings based on newly discovered circumstances, demanding detective skills and legal acumen from the lawyer.

Innocence Projects involve practices aimed at exonerating the wrongfully convicted, a concept becoming increasingly relevant in Georgia. The primary goal of this service is to assist individuals who have exhausted standard appellate routes (Court of Appeals and Supreme Court) but possess undeniable evidence of their innocence. This process often requires reinvestigating old cases, re-interviewing witnesses, and utilizing modern technologies to re-verify evidence.

What Does the Innocence Protection Service Cover?

Lawyers registered on Legal.ge, specializing in the revision of criminal cases, offer the following services:

Full Case Audit: Detailed study of multi-volume materials of the closed case to identify investigation flaws, contradictory testimonies, and errors made by the previous defense counsel.
Finding Newly Discovered Circumstances: Obtaining facts or evidence unknown to the court at the time of sentencing (e.g., a witness admitting to perjury, a new expert conclusion, identification of the real perpetrator).
Drafting Motions for Retrial: Preparing and filing a substantiated motion to the Court of Appeals requesting a revision of the judgment due to newly discovered circumstances.
Conducting Expertise: DNA analysis, re-examination of fingerprints, digital evidence forensics, and application of other scientific methods.
Executing ECHR Judgments: If the European Court of Human Rights establishes a violation of the Convention, the lawyer requests a retrial at the national level.

Real-World Scenarios and Grounds for Revision

A judgment may be revised on the following grounds:

Establishment of Perjury: A witness whose testimony underpinned the accusation admits to lying, or criminal proceedings for perjury are initiated against them.
Falsified Evidence: It is established that a document, physical evidence, or expert conclusion in the case was forged.
New Scientific Methods: New technology emerges (e.g., more precise DNA analysis) proving that biological material does not belong to the convict.
Law Enforcement Misconduct: It is proven that an investigator or prosecutor committed a crime (e.g., planting evidence, torture) related to the case.

Georgian Legislation and Legal Framework

The procedure for revising judgments is strictly regulated by Article 310 and subsequent articles of the Criminal Procedure Code of Georgia ("Proceedings due to Newly Discovered Circumstances"). The law states that a verdict shall be revised if evidence falsification, judicial error, or other circumstances proving the person''s innocence or commission of a lesser crime are established. Case law from the European Court of Human Rights is also crucial, often serving as the impetus for case revision. Under Georgian law, the right to revision is not limited by time if it is in favor of the convict.

Process: What to Expect

This is a lengthy and difficult process. In the first stage, the lawyer conducts a private investigation. After obtaining new evidence, they apply to the prosecutor''s office to start an investigation or directly to the court (depending on the grounds). The Court of Appeals decides whether the new circumstance is sufficient to reopen the case. If the decision is positive, the case is retried, which can end in an acquittal and full rehabilitation of the individual.

Why Choose Legal.ge?

Proving innocence requires a lawyer who possesses not only legal knowledge but also persistence and detective skills. Legal.ge connects you with professionals experienced in "reviving" the most complex cases. They do not give up and fight for justice until the end. Find your hope on Legal.ge.