Introduction: Diversion — A Second Chance for Youth
The Juvenile Diversion Program is one of the most successful and humane institutions in the Georgian justice system. It is an alternative mechanism to criminal prosecution that allows a minor in conflict with the law to avoid a criminal record and punishment. Instead, the adolescent accepts responsibility for their actions and fulfills certain conditions (e.g., community service or compensating the victim). The goal of diversion is not punishment, but correction and full reintegration into society. The involvement of a qualified lawyer in this process is crucial, as they must convince the prosecutor of the appropriateness of diversion and ensure that the contract terms are fair and achievable.
What Does This Service Cover?
Legal services related to diversion programs involve complex work with the Prosecutor''s Office and the Mediation Service. Specialists ensure:
- Case Assessment: Determining whether the case and the minor meet the criteria for diversion (category of crime, past history).
- Negotiation with the Prosecutor: Persuading the prosecutor to use discretionary power and offer diversion instead of criminal prosecution.
- Representation in Mediation: Participating in meetings with the victim (if any) and the mediator to resolve the conflict peacefully.
- Agreeing on Contract Terms: Ensuring that diversion conditions (e.g., service hours, trainings) are realistic and adapted to the minor''s study schedule.
- Monitoring Support: Overseeing the process until the contract expires to prevent violations of conditions and the renewal of prosecution.
Common Situations and Scenarios
Diversion programs are relevant in many situations, especially for first-time less serious offenses:
- Petty Theft: A teenager stole an item from a supermarket. The lawyer works to keep the case out of court, resolving it through restitution and an apology.
- Peer Conflict: A fight at school causing minor injuries. Reconciliation is achieved through mediation, ending the criminal case.
- Vandalism: Damage to public property (e.g., graffiti). A condition for diversion might be restoring or cleaning the damaged property.
- Small Drug Possession: Possession of a small amount for personal use, where priority is given to preventive counseling rather than jail.
Georgian Legal Framework
The institution of diversion is regulated by the "Code on Juvenile Justice" and the "Criminal Procedure Code of Georgia". According to legislation, diversion is a priority mechanism—the prosecutor is obliged to consider diversion in every specific case first and only proceed with prosecution after a justified refusal. The National Agency for Crime Prevention, Execution of Non-custodial Sentences and Probation is also involved, managing the mediation process. Importantly, diversion does not result in a criminal record, which is decisive for the minor''s future career.
Step-by-Step Process
1. Offer: The prosecutor, based on the lawyer''s motion or own initiative, offers diversion to the minor.
2. Consent: The minor must admit to the act (which does not mean pleading guilty in court) and agree to diversion.
3. Mediation/Terms: Conditions are determined with the involvement of a social worker (training, work, prohibitions).
4. Contract: A civil-type contract is signed between the parties.
5. Completion: Upon successful fulfillment of conditions, the prosecutor issues a decree not to initiate or to terminate criminal prosecution.
Why Choose a Specialist on Legal.ge?
Diversion is not an automatic process; it requires professional communication with the Prosecutor''s Office and correct positioning of the minor''s interests. On Legal.ge, you will find lawyers with successful experience in diversion programs. They will help ensure your child gets a second chance and does not tarnish their biography with a criminal record. Trust the professionals on Legal.ge.
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