Issue 3 (2015)

THE COURT’S ROLE IN THE ADVERSIAL PROCESS BETWEEN THE PARTIES

Abstract: The legal proceedings are conducted based on adversarial principles. The second paragraph of the Article 4 of the Criminal Procedure Code of Georgia contradicts to the adversarial principle. This paragraph gives the right to the court to resort to measures on its own initiative under the Criminal Procedure Code of Georgia. Our position is stated in the first paragraph of the Article 102 that each party shall prove the circumstances upon which it bases its claim or response, and also in the first and second paragraphs of the Article 103 that the Parties shall submit evidence to a court. These paragraphs exclude the court’s possibility to request the evidence on its own initiative. The court’s initiative to check authenticity of the submitted written evidence accordingly to Article 137, we consider correct. We reckon that only in this case the court should have the right to check authenticity of documents. And, also in connection to the family matters, when a case concerns a child’s interests, a court shall request the evidence on its own initiative

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