Issue 10 (2018)

MAIN SPECIFICATION OF THE BAIL ENSURED BY IMPRISONMENT IN CRIMINAL PROCEDURE CODE OF GEORGIA

Abstract: While analyzing constitutional court decisions, it is clear that main aim of using restraint is not proving the guilt. Main aim of such measures is to provide adequate basis and guaranties for justice and of course, prevent criminal offences. Main principle in this case is to use less strict measures – imprisonment and other measures of restraint must not be used, if main goals can be achieved by using less strict measures. Main issue of our research is Bail ensured by imprisonment in criminal proceeding. Criminal procedure code of Georgia provides such measure of restraint like bail with security imprisonment. Key point in this case is when to use bail ensured with imprisonment and when to change it with other measures. Research includes detailed criteria to decide when to use these measures. The research also reviews the practice of European Court of Human Rights. According to the European Court, when a person is automatically told to refuse of freedom it is the violation of the European Convention. So, this conception is clearly contrary to the Georgian practice. In the criminal procedural code of Georgia the main factor to use “Bail ensured with imprisonment” is when the defendant was arrested. Statistics provided by us confirm this and can be seen from the analysis of court practice. Our research also includes detailed analyze of the latest legislative amendments, judicial practice and there is given a number of essential conclusions and recommendations for refining the system of restraint in Georgia.

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