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Policeman Is Authorized to Halt an Individual on the “Reasonable Doubt” Without the Court Permission

September 14, 2010
Policeman can halt an individual on the street on the basis of “reasonable doubt” without the permission of court or the prosecutor’s office.

As the member of “our Georgia – free democrats” Giorgi Tsagareishvili states, the amendment will be made to the Law of Police, but this change is considered to be a technical change by parliament majority and will be discussed according to the procedure of technical change.

According to the draft law, the policeman is authorized to halt an individual if there’s a reasonable doubt of possibility of crime commitment. The term of halt should be a reasonable term for confirming or invalidating the reasonable doubt.

According to the draft law, while halting an individual, the policeman is obligated to introduce himself and present the relevant ID card and explain the right of appealing against the lawfulness and validity of the halt. Also, policeman is authorized, for ensuring his security, in case of a reasonable doubt, to perform an outward check on the individuals’ clothes. If the outward check gives the reason for search, an authorized official conducts the search.

According to the draft law, the detained person is authorized to appeal against the lawfulness and validity in five days term and ask for the financial compensation for the unlawful or invalid stop.

In the explanation card of the draft law, the advisability of the amendment is discussed. Specifically, it’s said that in order to conduct a search, the verdict of a judge and in case of emergency, relevant resolution of prosecutor is necessary. For the outward check, this document is not necessary. Also, in case of search, higher standard is used – the well-grounded assumption, while the ground of stop can be only reasonable doubt on the possibility of crime commitment by individual.
Giorgi Tsagareishvili will talk about the corresponding draft law and its possible consequences at the press conference.

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