---
title: "Probation Violation Defense"
url: "https://legal.ge/en/service/crim-criminal-law-en/probation-violation-defense-en"
field: "Criminal Law"
description: "Conditional sentence revocation: bureau submission, decision within one month, extension by one year. Advocate defence at every stage. Legal.ge."
reviewed: "2026-07-09"
updated: "2026-10-14"
publisher: "legal.ge"
---

# Probation Violation Defense

> Source: legal.ge, https://legal.ge/en/service/crim-criminal-law-en/probation-violation-defense-en

## 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.

The full text is available on legal.ge after signing in: https://legal.ge/en/service/crim-criminal-law-en/probation-violation-defense-en

### Who may initiate revocation of a conditional sentence?

The procedure begins with a submission of the head of the probation bureau, based on the officer's report card; the court decides on satisfying or refusing the submission within one month of its filing.

### What can be the subject of a submission?

Among others — 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, and extension of the probation period by no more than one year because of an administrative sanction.

### Can a probation officer's actions be appealed?

Yes — the convicted person has the right to appeal to the court the officer's actions connected with the execution of the legal acts provided for by this law.

### What must a submission contain?

The name of the legal act, data about the convicted person and his duties, information about conduct and the reason for the application, and the content of the submission; it is signed by the head of the bureau and accompanied by confirming evidence.