Introduction: Specifics of Juvenile Defense
Juvenile criminal liability is one of the most sensitive areas in jurisprudence. When a person in conflict with the law is a minor (under 18), the justice system is obliged to operate under different, child-oriented standards. In Georgia, juvenile justice is based on the principle of the best interests of the child, implying that resocialization and rehabilitation are prioritized over punishment. The involvement of a specialized lawyer in this process is not just a right—it is a necessity. The Code on Juvenile Justice provides for special procedural guarantees, knowledge and practical application of which are vital for the adolescent''s future. This service includes full legal assistance at all stages of a criminal case, starting from police interactions to court hearings.
What Does This Service Cover?
Juvenile defense in criminal cases is a complex service requiring special knowledge and certification from the lawyer. The service includes:
- Defense during Investigation: Protecting the minor''s rights during police interrogation, indictment, and participation in investigative actions. The lawyer ensures no psychological pressure is applied and procedural deadlines are met.
- Pre-trial Detention Hearings: Arguing for alternative measures (e.g., releasing into parental custody) instead of imprisonment during the court hearing on preventive measures.
- Court Representation: Presenting evidence, cross-examining witnesses, and executing the defense strategy during the trial on merits.
- Collaboration with Social Workers: Participating in the preparation of the minor''s individual assessment report, which influences the judge''s decision.
- Negotiating Diversion: Discussing with the prosecutor the possibility of terminating criminal prosecution and applying the diversion mechanism if the circumstances of the case allow.
Common Situations and Scenarios
Juvenile defense services become necessary in various crisis moments. For example:
- Initial Arrest: A teenager is arrested for theft or hooliganism. Immediate lawyer involvement is crucial to prevent self-incrimination in a stressful environment.
- Group Crimes: When a crime is committed by a group, and it is necessary to individually distinguish the role and responsibility of each minor.
- Drug Offenses: Cases involving the possession of drugs by a minor, where the defense works to minimize the sentence or achieve a conditional sentence.
- Cybercrime: Offenses committed by a minor via the internet (hacking, misappropriation of data), which require technical and legal expertise.
Georgian Legal Framework
The main regulatory document in this field is the "Code on Juvenile Justice", which is a progressive law fully aligned with international standards. The Code establishes that imprisonment is used only as a measure of last resort. The "Criminal Procedure Code of Georgia" and the "Criminal Code of Georgia" also apply, but with the precedence of special juvenile norms. The "Code on the Rights of the Child" is also significant, defining the concept of the child''s best interests. Lawyers also rely on the UN Convention on the Rights of the Child. Legislation strictly dictates that all professionals working on juvenile cases (including lawyers) must have undergone specialization. The process is confidential and closed to protect the minor''s privacy.
Step-by-Step Process
Working with a lawyer typically proceeds as follows:
- Summons/Arrest: As soon as a minor becomes a subject of interest for law enforcement, the parent contacts a lawyer. The lawyer immediately appears at the police station.
- Confidential Meeting: Before interrogation, the lawyer meets privately with the minor, explains their rights, and agrees on a position.
- Investigative Actions: The lawyer attends all procedural actions, monitors their legality, and records any violations.
- Court Hearing: The lawyer represents the defense in court, requesting lenient preventive measures and subsequently an acquittal or a minimal sentence.
- Outcome: The case may end with diversion, acquittal, or a sentence focused on rehabilitation.
Why Choose a Specialist on Legal.ge?
Juvenile justice requires not only legal knowledge but also a psychological approach and special certification. Lawyers listed on Legal.ge are verified specialists who possess confirmed qualifications to work in juvenile justice. Through our platform, you can find a defender who will not only uphold the law but also look after your child''s psycho-emotional state during this difficult process. Find your specialist on Legal.ge.
Updated: ...