Post-Conviction Relief Motions (Newly Discovered Circumstances)
A guilty verdict does not always mark the end of the legal battle. Georgian legislation provides for the possibility of reviewing a case if newly discovered circumstances emerge that were unknown to the court at the time of sentencing. This service (Post-Conviction Relief) differs from a standard appeal as it is not restricted by the strict one-month deadline and is based on facts that became known later. For example, if it turns out that a witness gave false testimony, or a new scientific method (e.g., DNA analysis) emerges that can change the case outcome, a lawyer has the right to petition the Court of Appeals to reopen the case due to newly discovered circumstances. This is a complex and specific process requiring investigative skills and deep knowledge of criminal procedure.
What Does This Service Cover?
Lawyers listed on Legal.ge offer full post-conviction review services:
- Investigation of New Evidence: Conducting private investigations to uncover new facts (e.g., finding a new witness, debunking existing evidence).
- Drafting Motions: Preparing a legally substantiated motion to the Court of Appeals requesting the reopening of proceedings.
- Utilizing ECHR Decisions: If the European Court of Human Rights (Strasbourg) establishes a violation of the Convention in a specific case, this constitutes automatic grounds for review.
- Constitutional Court Rulings: If the law under which the person was convicted is declared unconstitutional, the lawyer requests a review of the verdict.
Common Scenarios and Real-World Situations
Case review is possible in the following instances:
The first scenario is "False Witness." After the verdict, it is revealed that the main witness lied or was coerced. If confirmed by investigation, the case must be reviewed.
The second scenario is "New Expertise." With technological advancements, tests that were previously impossible can now be conducted. A new report proving innocence is grounds for review.
The third case is "Strasbourg Decision." The ECHR rules that the right to a fair trial was violated (e.g., the judge was biased). This obliges the Georgian court to reconsider the case.
Georgian Legal Framework
Regulations:
- Criminal Procedure Code: Article 310 defines the grounds for reviewing a verdict due to newly discovered circumstances.
- Law on the Constitutional Court: Defines the legal consequences of declaring a norm unconstitutional.
Service Process Step-by-Step
- Fact Analysis: The lawyer assesses whether the new circumstance is substantial enough to change the verdict.
- Filing the Motion: Applying to the Court of Appeals.
- Admissibility: The court checks if the motion meets formal requirements.
- Substantive Hearing: Examining new facts and deciding on overturning the verdict.
Why Use Legal.ge?
Reviewing a case based on newly discovered circumstances is an extremely difficult legal procedure requiring high qualification. On Legal.ge, you will find lawyers experienced in overturning unjust verdicts.
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