About this service
Defence against revocation of a conditional sentence is a procedural dispute that unfolds within the framework of the law on the execution of non-custodial sentences and probation: this law regulates how a conditional sentence, early conditional release and the postponement of serving a sentence are executed, who and how raises the question of revocation before the court, and what guarantees the convicted person has along this path. One boundary must be stressed: this law determines the procedure — submissions from the probation bureau to the court and the right of appeal — while the substantive grounds of revocation are established by the Criminal Code. In practice the outcome depends on procedural details: the content of the report card, the substantiation of the facts in the submission and the formal completeness of the notifications.
Scope of the law and the report card
Under this law, legal acts are executed concerning deprivation of the right to hold office or carry out activity as a penalty, deprivation of a legal person of the right to carry out activity, community service, corrective labour, conditional sentence, conditional early release and postponement of serving a sentence. Where a probation officer considers that a ground defined by law exists for an application by submission to the court, he writes a report card addressed to the head of the probation bureau, which must indicate the number of the enforcement file, the enforceable legal act, brief information on the enforcement actions, information on the non-fulfilment by the convicted person of an imposed duty, his personal opinion on the expediency of the submission, as well as a signature, a seal and the date of presentation. Its completeness is the first object of defence analysis.
Submissions of the head of the bureau to the court
Entry into court takes place through a submission of the head of the probation bureau, whose types the law determines precisely: substitution of community service or of corrective labour by another type of penalty; full or partial cancellation of duties imposed on the conditionally convicted person or the imposition of a new duty; revocation of the conditional sentence and removal of the conviction; extension of the probation period by no more than one year because of an imposed administrative sanction; revocation of the conditional sentence and execution of the penalty appointed by the judgment; revocation of conditional early release and serving of the unserved part; revocation of the postponement and sending of the convicted person to serve the penalty. Submissions connected with revocation are filed with the court before the expiry of the probationary, unserved or postponement term. The court issues a decision on satisfying the submission or refusing it within one month of its filing.
Content of the submission and notifications
A court submission must indicate the name of the legal act in the course of whose execution the need for the application arose, data about the convicted person and the duties imposed on him, information about the convicted person's conduct and the reason for the application, as well as the content of the submission; it is signed and sealed by the head of the bureau and must be accompanied by evidence confirming the facts. In parallel, the probation officer notifies the court of every fact of non-fulfilment of a duty — the notification must contain the date of dispatch, the name of the legal act, the imposed duty, a description of the committed act and confirming facts, as well as the officer's signature and seal. For a postponed sentence the law also provides the instrument of a written warning: where the convicted person refuses a child or evades its upbringing, the officer warns him in writing about possible consequences, upon which a protocol is drawn up.
Defence arguments
The first argument is substantiation: the submission must be accompanied by evidence, and their absence or insufficiency is a direct ground of appeal. The second is the observance of formal rules: the mandatory requisites of the report card and the notification, the deadlines and the jurisdiction are determined by law, and their violation calls the examination into question. The third is the party's position on conduct: the information about the convicted person's conduct set out in the submission must be rebutted by a substantiated answer. An essential guarantee is that the convicted person may appeal to the court the probation officer's actions connected with the execution of the legal acts provided for by this law — a right that protects him at every stage from disproportionate decisions.
Frequently Asked Questions
These questions arise most often in revocation proceedings, and the answers come directly from the law.
Within what period does the court decide the submission?
The court issues a decision on satisfying the submission or refusing it within one month of its filing.
Can the probation period be extended?
Yes — because of an imposed administrative sanction, upon the bureau head's submission, the probation period may be extended by no more than one year.
What is attached to the submission?
Evidence confirming the facts set out in it; the submission is signed and sealed by the head of the bureau.
Where is the submission filed?
According to the convicted person's place of residence (legal address); submissions connected with revocation — before the expiry of the respective term.
How We Help on Legal.ge
Our team follows probation-related cases at every stage: we analyse the submission and the evidence attached to it, verify the procedural deadlines and requisites, prepare appeals against the officer's actions and the court's decision, and represent your interests at the hearing. If the question of revoking your conditional sentence has been raised, contact us — at the first consultation we will assess the prospects of the case. Legal.ge — reliable legal support throughout Georgia.