Introduction: Safety for the Sake of Justice
Establishing the truth in criminal cases often depends on witness testimony. However, when it comes to organized crime, corruption, or violent groups, a witness''s life and health may be in real danger. The Witness Protection Program is a set of special measures provided by the state aimed at protecting participants in the proceedings. Although the program is managed by the state, the lawyer''s role is crucial in proving that the threat is real and that the client deserves special protective measures. This service involves legal advocacy for inclusion in the protection program and obtaining procedural safety guarantees.
What Does This Service Cover?
Witness protection service covers motions related to both procedural and physical protection:
- Requesting Special Protective Measures: Submitting a motion to the prosecutor to apply the protection program (Article 106 of the CPC).
- Procedural Protection: Classifying data (using a pseudonym), requesting closed court hearings, testifying remotely, or altering voice/visual appearance.
- Physical Protection: Assigning personal guards, temporary or permanent change of residence, relocation to a safe house.
- Risk Assessment: Gathering evidence (threatening messages, facts of attacks) confirming the reality of the danger.
- Monitoring Protection Regime: Ensuring that the state fully complies with its protection obligations.
Common Situations and Scenarios
The need for a protection program arises in high-risk cases:
- Organized Crime: A witness testifies against so-called "thieves in law" or mafia groups.
- Domestic Crime: A victim testifies against an abusive family member and faces retaliation from relatives.
- High-Profile Cases: Political or corruption cases where the witness is under systemic pressure.
- Human Trafficking: Victims need protection from traffickers.
Georgian Legal Framework
Witness protection issues are regulated by the "Criminal Procedure Code of Georgia" (Chapter XIV - Special Measure of Protection). The decision is made by the prosecutor and approved by the court or the Prosecutor General (depending on the type of measure). Physical protection is carried out by the Ministry of Internal Affairs or the Special State Protection Service. The lawyer''s role is to convince the prosecutor''s office that without protection, the witness will not be able to testify, which will damage the interests of justice.
Step-by-Step Process
1. Identifying Threat: The witness informs the lawyer about threats.
2. Application: The lawyer applies to the prosecutor requesting special protective measures.
3. Review: The prosecutor decides within 48 hours. Refusal can be appealed to a superior prosecutor.
4. Implementation: Upon approval, an agreement on protection conditions is signed, and the witness is assigned protection (or a pseudonym).
5. Court: Testimony is given under safety measures (e.g., from another room).
Why Choose a Specialist on Legal.ge?
Getting into the witness protection program is a complex procedure requiring substantiated argumentation. On Legal.ge, you will find experienced criminal lawyers who know how to activate protection mechanisms for your safety. If your life is in danger due to testimony, do not wait – act immediately with a lawyer.
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