Due Process (Right to a Fair Trial) is the cornerstone of a democratic state and one of the primary guarantees of the Constitution of Georgia. This principle implies that the state has no right to restrict a person's liberty, property, or other benefits without observing proper legal procedures. Due process is not merely a formality; it is protection against arbitrariness, encompassing the right to be heard, the right to defense, an impartial tribunal, and a decision within a reasonable time. Unfortunately, in practice, administrative bodies or law enforcement agencies often violate these procedures, leading to the infringement of citizens' rights.
Legal.ge offers access to human rights lawyers specializing in the protection of procedural rights in criminal, civil, and administrative proceedings. Our specialists ensure:
- Protection against Illegal Detention: Verifying the legality of detention and challenging procedural violations (e.g., failure to read rights).
- Monitoring Administrative Proceedings: Ensuring your right to be heard and present evidence is respected when dealing with state agencies (e.g., fines, license revocation).
- Defense of Fair Trial Rights: Representation in court to ensure equality of arms and adversarial proceedings.
- Appealing Decisions: Appealing to higher instances if the lower court violated procedural norms (e.g., unsubstantiated decisions).
Violations of due process can occur at any time. For example, the Revenue Service might impose a fine on an entrepreneur without giving them a chance to present arguments. Or a person is arrested and denied the right to contact a lawyer. Cases where court proceedings drag on for years are also common, which in itself constitutes a violation of rights. The involvement of a qualified lawyer is crucial in such times, as a procedural violation can be grounds for overturning a guilty verdict or annulling an administrative act.
In Georgia, the right to a fair trial is guaranteed by Article 31 of the Constitution, as well as Article 6 of the European Convention on Human Rights. The "Criminal Procedure Code of Georgia" and the "General Administrative Code" detail the procedures the state must follow. Any evidence obtained in substantial violation of the law (e.g., illegal search) is considered to have no legal force (inadmissible). This is one of the defense's most powerful tools.
The process begins with identifying the violation. The lawyer studies the case materials and determines where the procedure was breached. In a criminal case, this might be a motion to exclude evidence. In an administrative case, it involves demanding the annulment of an act due to procedural violations. The practice of the Strasbourg Court is also actively used in Georgian justice to establish due process standards.
On Legal.ge, you will find lawyers who will not allow the system to ignore your rights. Due process is not a luxury; it is your legal right, and our specialists will help you defend it.
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