Post-conviction relief is the aggregate of those institutions of criminal law by which the execution of a conviction may end before the sentence is fully served — through limitation, review of an indefinite sentence, illness, old age or pardon. This page explains the limitation periods, the review mechanism, the health- and age-based grounds, and pardon.
Limitation of the Execution of the Sentence
The law limits the execution of a conviction in time: the convicted person is released from serving the sentence if the judgment that has entered into legal force has not been executed within two years of the commission of a crime whose statutory maximum penalty does not exceed two years of deprivation of liberty; within six years when convicted of another, less grave crime; within ten years when convicted of a grave crime; and within fifteen years when convicted of a particularly grave crime. The running of the limitation period is suspended where the convicted person has evaded serving the sentence; in that case the period is renewed from the moment of detention or of declaring admission of guilt, and the time elapsed before the evasion counts within the limitation period. Where the sentence is indefinite deprivation of liberty, the court decides whether to apply limitation, and if it considers application impossible, the indefinite deprivation of liberty is replaced by a term. Limitation is not applied in the case provided for by an international treaty of Georgia, and its running is suspended for the period during which the person is protected by immunity.
Review of an Indefinite Deprivation of Liberty
A separate mechanism concerns persons sentenced to indefinite deprivation of liberty: where the convicted person has actually served twenty years of deprivation of liberty and has successfully completed the release-preparation program, the court is entitled to release the person conditionally from further serving of the sentence for the probation period provided by law. The decision is taken on the basis of the program's summary report, taking into account the character of the crime, the conduct displayed while serving, the fact of past crime commission, the record of conviction, the risk of repeat crime, family circumstances and the person of the convicted. A new intentional crime within the probation period entails cancellation of the release and a new sentence; where a negligent crime is committed, the court decides cancellation or maintenance.
Illness, Old Age and Pardon
The court is entitled to release the convicted person from further serving where the person's state of health is incompatible with serving the sentence and, according to the expert conclusion, recovery or a substantial improvement of health is not to be expected; for a convicted person placed in a penitentiary institution the same route of release lies also with the joint standing commission of the corresponding ministries in the case of a grave prognosis. After recovery, liability may again be imposed if the limitation periods have not elapsed. Old age is a separate ground: the court releases a woman from 65 and a man from 70 years of age where no indefinite deprivation of liberty has been appointed and at least half of the sentence has been served. These grounds do not extend to one special additional penalty established by another norm of the Code, and on release the convicted person may be freed from serving an additional punishment as well. Finally, pardon is exercised by the President of Georgia with respect to an individually determined person: by the act of pardon the convicted person may be released from further serving, the appointed sentence may be reduced or replaced by a lighter one, and a person who has served the sentence may have the record of conviction removed.
The Limitation Periods and Their Running
The limitation periods vary with the category of the crime and remain the principal measure of the enforceability of the judgment. The rules of running raise practical questions: where the convicted person temporarily cannot serve the sentence for reasons of health or otherwise, this circumstance does not by itself interrupt the running of the period; only the cases named by law — evasion and immunity — suspend it. The limitation period is also suspended for the period during which the corresponding procedural actions cannot be carried out with respect to an extradited convicted person. Where a judgment of a foreign state is transmitted for enforcement, the Georgian organ takes into account the grounds of suspension of limitation under foreign law only where they are analogous to the domestic grounds — the national system thus measures foreign periods against its own catalogue.
Frequently Asked Questions
Below we answer the questions most frequently asked on this subject.
When does a judgment cease to be executed by limitation?
Two, six, ten or fifteen years from the commission of the crime, depending on its category; evasion suspends the period and renews it from detention or admission of guilt.
Can an indefinite sentence be conditionally released?
Yes — after actually serving twenty years and successfully completing the preparation program, by court decision.
From what age is release for old age possible?
For a woman from 65, for a man from 70, where at least half the sentence has been served and the sentence is not indefinite.
What does pardon include?
Release from further serving, reduction or replacement of the sentence by a lighter one, and removal of the record of conviction for a person who has served.
How We Help on Legal.ge
Post-conviction relief — limitation, review, health or pardon — demands documentary readiness and precise calculation of the periods. On Legal.ge you can consult a criminal-law lawyer who will assess your case and prepare the corresponding application. Submit a request on the site and receive qualified assistance.