Defense against charges of obstructing religious rites (Article 155) involves addressing criminal accusations related to the unlawful interruption or hindrance of divine services or other religious rituals. In Georgia, where religious traditions and institutions form a significant part of public life, such allegations are treated with particular sensitivity. This article of the Criminal Code protects members of any denomination, ensuring they can conduct their religious rituals without interference. Charges may be brought against an individual who attempts to stop a religious ceremony through violence, threats, or other unlawful acts. These cases often require qualified legal defense because the line between freedom of expression and the obstruction of religious rites can sometimes be difficult to distinguish. The involvement of a lawyer is essential to establish the real motive, intent, and legal grounds of the action, thereby preventing unfounded convictions.
What does a lawyer''s service cover in this category?
Criminal law specialists working on cases under Article 155 offer clients comprehensive legal support at all stages of investigation and court proceedings. The service includes detailed legal analysis and the development of a defense strategy. Specific services include:
- Examination of case materials: Detailed analysis of evidence, including reviewing video recordings, witness testimonies, and other documentation to determine whether obstruction of a religious rite actually took place.
- Development of defense strategy: Assessing the legal qualification of the client''s action and determining whether the act was intentional or whether it falls within the scope of freedom of expression or peaceful assembly.
- Representation in investigative bodies: Attending interrogations, participating in procedural actions, and protecting the client''s rights when dealing with the police and the Prosecutor''s Office.
- Court representation: Actively presenting the defense''s position at court hearings, filing motions, cross-examining witnesses, and delivering closing arguments.
- Requesting alternative measures: Fighting for bail or other lighter measures instead of imprisonment as a preventive measure.
Common real-world scenarios
In practice, charges under Article 155 can arise in various life situations. For example:
- Protest actions: When demonstrators gather near a religious building and their noise or physical barriers prevent believers from conducting a ritual. The key here is to determine whether this was intentional obstruction.
- Personal conflicts: When a personal conflict escalates into a confrontation during a religious ceremony (for example, during a wedding, baptism, or funeral) and the process is disrupted.
- Blocking buildings: Locking or blocking the entrance to a religious building, preventing clergy or parishioners from conducting services.
- Loud music or noise: Intentionally causing noise during divine services, making the normal progress of the ritual impossible.
- Social media activity: Although less common, it is possible to intentionally disrupt the online broadcast of religious rituals in cyber space through hacking or other illegal means.
Georgian legislation and legal framework
This issue is regulated by several legislative acts of Georgia, highlighting the importance of protecting religious freedom in the state:
- Criminal Code of Georgia: Article 155 explicitly provides for liability for unlawfully obstructing divine services or other religious rites by violence or threat of violence, or if this insulted the religious feelings of believers.
- Constitution of Georgia: Article 16 reinforces freedom of belief, confession, and conscience. However, the Constitution also determines that these rights cannot be used to infringe upon the rights of others.
- European Convention on Human Rights: Article 9 protects freedom of thought, conscience, and religion. The defense often cites the practice of the European Court to prove where the boundary lies between freedom of expression and insulting religious feelings.
Service process
Cooperation with a lawyer involves several stages, ensuring maximum protection of the client''s interests:
- Consultation: Initial meeting where the factual circumstances of the case are discussed and legal perspectives are assessed.
- Investigation stage: The lawyer gets involved in the case as soon as charges are brought, attends interrogations, obtains evidence, and monitors compliance with procedural norms.
- Pre-trial hearing: Discussion of the admissibility of evidence and preparation for the main hearing of the case.
- Main hearing: Implementation of the defense strategy at court trials, cross-examination of witnesses, and pleadings.
Why choose a specialist on Legal.ge?
Legal.ge is a platform that allows you to find verified and experienced criminal defense lawyers who specialize in cases related to religious crimes. Through our platform, you can easily connect with professionals who have experience handling such specific cases. The specialists presented on Legal.ge are well versed in both Georgian legislation and international standards, which is crucial for the effective protection of your rights.
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