Issue 4 (2016)

LEGAL BASIS FOR THE PROPERTY SEIZURE OF A PERSON IN CHARGE FOR THE DEFENDANT ACTION AND/OR PERSON CONNECTED THERETO

Abstract: According to the regulations of the Criminal Procedure Code of Georgia, a person against whom there is no criminal prosecution (not considered to be in charge) has a right to appeal the court’s decision only once. In the Criminal Procedure Code, there is no other mechanism by which a person without a status of defendant against whom the investigation is being carried out and the use of seizure as a form of procedural compulsion, would be able to use the guaranteed right foreseen in the Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. According to European case-law (Qiome and others against Belgium) requisition was considered to be an arrangement, though National Legislation is not aware of identical norms of law and accordingly, a person cannot use defendant’s rights prescribed by the Criminal Procedure Code.

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