Constitutional Foundations of Procedural Rights
The Constitution of Georgia shapes procedural rights through two closely connected norms. Under the first part of Article 31 of the Constitution, every person has the right to apply to a court for the protection of his or her rights, and the right to a fair and timely hearing of the case is ensured. The same approach appears in Article 42 of the Constitution, the first part of which grants every person the right to apply to a court for the protection of his or her rights and freedoms. Together these two norms form the foundation on which the entire system of judicial protection stands: a person can bring before an independent judge a dispute about harm caused by the state or by another person.
The Guarantee of a Competent Court
The second part of Article 31 of the Constitution records that every person must be tried only by a court whose jurisdiction covers his or her case. This norm excludes situations where a case is artificially transferred to a body that has no legal authority to hear it. The second part of Article 42 of the Constitution repeats the same principle and ensures that the judge is designated by the procedure established by law for the specific case. The requirement of a competent judge is the first condition of a fair trial, because a person must know that his or her case will be heard by the court that the law provides for that case.
The Right of Defense and the Role of the Advocate
Under the third part of Article 31 of the Constitution, the right of defense is guaranteed: everyone has the right to defend his or her rights in court personally or through an advocate, and, in cases determined by law, through a representative. In addition, the unimpeded exercise of the rights of advocates and the right of self-organization of advocates are guaranteed by law. This guarantee is particularly important for persons who lack legal knowledge or the necessary resources: the participation of a professional defender equalizes the opportunities of the parties and ensures that a person is not left defenseless in court proceedings. Article 42 of the Constitution likewise names the right of defense as guaranteed, thereby underlining its fundamental character.
The Presumption of Innocence and the Burden of Proof
According to the fifth part of Article 31 of the Constitution, a person is presumed innocent until his or her guilt is proven in the manner established by law, by a conviction of a court that has entered into legal force. The sixth part extends this to the sphere of proof: no one is obliged to prove his or her innocence, and the duty of proving the accusation rests on the prosecutor. The seventh part defines the qualitative standard of evidence: a decision to bring a person to trial as an accused must be based on a substantiated suspicion, while a conviction of guilt must rest on incontrovertible evidence; any doubt that cannot be confirmed in the manner established by law must be resolved in favor of the accused. These three norms together create a complete model of the presumption: the state proves, while the person benefits from the advantage of the doubt.
Other Important Guarantees of the Accused
Article 31 of the Constitution grants the accused a number of additional guarantees. Under the fourth part, the accused has the right to request the summons and questioning of his or her witnesses under the same conditions as the witnesses of the prosecution. Under the eighth part, no one may be convicted twice for the same crime. Under the ninth part, no one bears responsibility for an act that was not considered a violation of law at the time of its commission, and a law that does not mitigate or abolish responsibility has no retroactive force. Under the tenth part, evidence obtained in violation of the law has no legal force. Under the eleventh part, no one is obliged to give testimony against himself or herself or against close relatives whose circle is defined by law. These guarantees are complemented by the ninth part of Article 42 of the Constitution, under which everyone is guaranteed full compensation through judicial procedure for damage unlawfully caused by the organs and officials of the state, of the autonomous republics and of local self-government, from the funds respectively of the state, of the autonomous republic and of the local self-government.
Frequently Asked Questions
Who bears the burden of proving the accusation?
The prosecutor. Under the sixth part of Article 31 of the Constitution, no one is obliged to prove his or her innocence, and the burden of proving the accusation rests on the state prosecutor.
What happens to evidence obtained in violation of the law?
Under the tenth part of Article 31 of the Constitution, evidence obtained in violation of the law has no legal force and therefore cannot serve as a basis for establishing facts in the case.
Can a person be punished twice for the same crime?
No. The eighth part of Article 31 of the Constitution categorically states that no one may be convicted twice for the same crime, and the fourth part of Article 42 repeats the same prohibition.
How We Help on Legal.ge
If your procedural rights have been violated or you need assistance in applying to a court, our team is on your side. We will assess your case, explain the guarantees protected by the Constitution, help you frame the evidence correctly and represent your interests at every instance. Contact Legal.ge and together we will plan a strategy for the protection of your rights.