Post-Conviction Relief and Appeals
A guilty verdict does not always mean the end of the fight. Georgian legislation and international law provide several mechanisms for a convict to appeal a verdict, request a retrial, or mitigate the sentence. This service (Post-Conviction Relief) includes preparing appellate and cassation complaints, reviewing cases based on newly discovered circumstances, and applying to the European Court of Human Rights (ECHR) in Strasbourg. Often, the court of first instance makes mistakes, ignores important evidence, or violates procedural rights. With the help of a qualified lawyer, it is possible to overturn an unjust verdict or reduce the sentence. This service also includes preparing pardon requests for the President.
What Does This Service Cover?
Lawyers listed on Legal.ge offer full post-conviction services:
- Appellate and Cassation Appeals: Filing substantiated appeals to higher courts within strict deadlines.
- Newly Discovered Circumstances: If a new witness appears, new evidence is found, or old evidence proves false, the lawyer requests a retrial.
- ECHR (Strasbourg): Preparing applications to the European Court of Human Rights if the right to a fair trial was violated.
- Pardon Commission: Preparing qualified pardon requests to the President of Georgia.
Common Scenarios and Real-World Situations
Continuing the case is possible in these instances:
The first scenario is "New Witness." After the verdict, a person appears who confirms the convict''s alibi. This is a newly discovered circumstance.
The second scenario is "Procedural Violation." The court illegally refused to admit defense evidence. This is grounds for an appeal.
The third case is "Strasbourg." National courts rejected the appeal, but Article 6 of the Convention was violated. The case is sent to Strasbourg.
Georgian Legal Framework
Regulations:
- Criminal Procedure Code: Regulates deadlines and grounds for appeal (Art. 293 - Appellate, Art. 303 - Cassation, Art. 310 - New circumstances).
- European Convention on Human Rights: Defines criteria for ECHR applications.
Service Process Step-by-Step
- Verdict Analysis: The lawyer studies the court decision and transcripts.
- Drafting Appeal: Writing a substantiated complaint (deadlines are critical - 1 month).
- Hearing: Participating in appellate or cassation hearings.
- International Level: Taking the case abroad if necessary.
Why Use Legal.ge?
Appealing a verdict requires the highest legal qualification and attention to detail. On Legal.ge, you will find lawyers experienced in handling cases at the Supreme Court and Strasbourg.
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