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On the Demand of the Public Defender an Investigator is Punished

19.12.2007
On the basis of a request by the public defender, a disciplinary case was launched against Nikoloz Khucishvili, an investigator of the General Inspection of the Ministry of Internal Affairs. He was reprimanded.

As a result of claim made by a citizen, the Public Defender studied the materials on the criminal case of Nikoloz Khucishvili, senior investigator of the Criminal Police Department in Mtskheta. It turned out that during the search of the suspect, Nikoloz Khucishvili seized things from the suspect, wrote a report and in this report considered them as material evidence and added these to the case. But later handed the evidence to the mother of the suspect under a legally binding agreement.

It must be mentioned that according to the Criminal Procedural Code, handing out material evidence is inadmissible and that is why they were to be kept by the police until the end of the investigation.

According to paragraph 4 of article 121 of the Criminal Procedural Code, an object can be considered evidence based on a decision of the administrating body. Before material evidence can be added to a case, it must be checked and stored.

According to paragraph 1 of article 122 of the Criminal Procedural Code, material evidence should be stored by the administrating body in such in way that the evidence will not be lost and its features will not change.

The Public Defender sent the letter to the Regional Office of the Prosecutor in Mtskheta and demanded an explanation on the basis for handing over the objects considered to be evidence to the mother of the suspect.

On August 14, the Public Defender was given information by the Mtskheta Regional Office of the Prosecutor that the regional office had sent an application to the Ministry of Internal Affairs of the Mtskheta-Mtianeti department against Nikoloz Khucishvili concerning a violation of the Criminal Procedural Code. But with the resolution of July 25, Khucishvili was appointed senior investigator of the Criminal Police Division of the Isani-Samgori Department of the Ministry of Internal Affairs in Tbilisi’s Main Department. This means a promotion. Hence, this application was not discussed.

The Public Defender requested information on the disciplinary proceedings against investigator Khucishvili from the General Inspection.

On December 11, the Public Defender was informed that the General Inspection has started disciplinary proceedings against Nikoloz Khucishvili and on November 20 he was reprimanded.

Source: Office of the Public Defender

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