Juvenile justice is a system fundamentally different from the criminal process applied to adults: the law gives priority to the mildest available means, requires an individual approach to the child, grants the juvenile special procedural rights, and entrusts the conduct of the case to a specialised advocate. This page explains what the defence in a juvenile case requires and which guarantees the child enjoys at any stage of the proceedings. Understanding these rules is essential for the family from the very first day, because the earliest decisions — on diversion or on the measure — determine the entire further course of the case.
Priority of the Mildest Means and the Alternative Measure
In the juvenile justice process, priority is given to the mildest means of achieving the goals of the Criminal Code of Georgia, the Criminal Procedure Code of Georgia, the Code of Administrative Offences, the Penitentiary Code and the Juvenile Justice Code. This principle is the starting argument of the defence: in every particular case the question must be raised whether a lighter path exists for achieving the purpose than imposing responsibility and a sentence.
With respect to a juvenile, the possibility of applying diversion or a restorative justice measure is considered first, and an assessment is made of whether diversion or the measure better ensures the resocialisation and rehabilitation of the juvenile and the prevention of a new crime than criminal responsibility and the application of a sentence. Moreover, any measure applied to the juvenile instead of the consideration of the case in court must serve the protection of the rights and legal guarantees of the juvenile. These two propositions define the framework within which the defence builds its motions at every stage.