Racial discrimination (Article 142¹) constitutes a serious crime under the Criminal Code of Georgia, involving the violation or restriction of human rights based on race, skin color, language, or other characteristics. Such accusations are particularly grave as they concern not only a specific individual but the general principle of equality. In modern Georgia, which strives for international legal standards, discriminatory crimes are under strict scrutiny. Charges may include actions aimed at humiliating a group of people, restricting their rights, or granting privileges based on racial characteristics. The role of a lawyer is crucial in such cases because accusations often rely on subjective perception or facts taken out of context. Qualified defense ensures that the defendant''s actions are correctly evaluated and that they are not groundlessly criminalized for actions that do not contain signs of discrimination.
Legal services in racial discrimination cases
Criminal defense lawyers specializing in Article 142¹ offer clients a multifaceted defense strategy. This includes both studying the factual circumstances and preparing legal argumentation. Key services include:
- Evaluation of evidence: Determining whether there is sufficient evidence to prove a discriminatory motive. Accusations often rely solely on the victim''s testimony, which requires critical verification.
- Linguistic expertise: If the accusation is based on verbal statements or texts, the lawyer may request expertise to determine the real content and context of the statement.
- Witness interrogation: Interviewing witnesses and checking the credibility of their testimonies to reveal possible bias or distortion of facts.
- Disputing legal qualification: Arguing that the act does not contain signs of a criminal offense and may be a subject of a civil or administrative dispute, or even part of freedom of expression.
- Court defense: Representing the client''s interests in court trials, including jury trials if the case falls into this category.
Real scenarios and examples
Charges of racial discrimination can be brought against a person in various situations:
- Labor relations: An employer is accused of firing an employee or refusing a promotion based on race. Although this is often a civil dispute, systematic or severe nature can lead to criminal prosecution.
- Service sector: A business owner or employee refusing to provide services to representatives of a specific race.
- Public space: A conflict on the street or in transport where racial slurs were used, followed by a physical confrontation.
- Apartment rental: A landlord refusing to rent an apartment due to the potential tenant''s race, which qualifies as a restriction of rights.
Georgian legislation
Combating discrimination is one of the priority directions of Georgian legislation:
- Criminal Code of Georgia (Article 142¹): This article establishes criminal liability for racial discrimination, i.e., acts committed for the purpose of inciting national or racial enmity or discord, or for directly or indirectly restricting human rights due to race or skin color.
- Constitution of Georgia: Article 11 reinforces the right to equality and prohibits discrimination based on race, skin color, and other characteristics.
- Law on the Elimination of All Forms of Discrimination: This law creates a general framework for combating discrimination and defines the concept and types of discrimination.
Service stages
The defense process involves several critical stages:
- Case analysis: The lawyer examines the charges and assesses how well the facts fit the disposition of Article 142¹.
- Evidence gathering: Obtaining alternative evidence, character references, and expert conclusions.
- Negotiation with the prosecution: Discussing the possibility of a plea agreement or working on reducing the charges.
- Court hearing: Active defense in court, where the lawyer tries to prove the client''s innocence or achieve a minimum sentence.
Find a lawyer on Legal.ge
Legal.ge offers access to qualified lawyers who have experience in criminal cases of a discriminatory nature. The specialists presented on our platform will help protect your rights and ensure fair justice. Accusations of racial discrimination cause serious damage to reputation and liberty, so timely and professional legal assistance is essential.
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