Defense in Court-Martial (Tribunal) involves specialized legal services for military personnel accused of military crimes. While Georgia abolished separate military courts in 2005, cases involving military personnel are heard by common courts but with consideration of military specifics. Charges may involve crimes such as desertion, AWOL (Absent Without Official Leave), insubordination, negligence, or violation of weapon handling rules. Military discipline and statutes create a unique legal environment where a civilian lawyer's knowledge is often insufficient. Legal.ge offers lawyers experienced in military criminal law who are familiar with the internal regulations of the military structure.
What does this service cover?
Our service covers criminal defense for military personnel:
- Military Crime Analysis: Checking charge qualifications under the Military Crimes chapter of the Criminal Code.
- Defense during Investigation: Protecting client rights during interrogation by Military Police or Prosecution.
- Court Representation: Defense in first instance, appellate, and cassation courts.
- Pre-trial Measures: Petitioning for bail or personal surety instead of detention.
- Plea Bargaining: Negotiating with the prosecution for reduced sentences or charges.
- Military Expertise: Conducting alternative expertise (e.g., ballistic, psychiatric).
Common Scenarios and Charges
Military personnel are often accused of:
- Desertion: Leaving service with the intent to avoid it permanently.
- AWOL: Temporary unauthorized departure from the unit.
- Violation of Subordination Rules: Hazing or violence between soldiers.
- Property Damage: Damaging military equipment or weapons due to negligence.
Georgian Legal Framework
Military crimes are regulated by Articles 356-403 of the Criminal Code of Georgia. Procedural issues are governed by the Criminal Procedure Code. Investigations are conducted by the Military Police of the Ministry of Defense or the Prosecutor's Office. Military Statutes defining conduct norms are crucial.
Step-by-Step Process
The process starts with indictment. The lawyer reviews case materials. It's essential to determine if the servicemember was under specific psycho-emotional stress or acting under duress. Defense strategy often relies on highlighting mitigating circumstances (e.g., severe family issues, mistreatment by superiors).
Why Legal.ge?
Military crime is specific and requires system knowledge. Improper defense can lead not only to imprisonment but also to the end of a military career and rank stripping. Legal.ge connects you with lawyers who will fight for your honor and freedom.
Updated: ...