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The Constitutional Court of Georgia accepted the Constitutional Lawsuit of Human Rights Center

20.05.2020

The Constitutional Court of Georgia accepted the constitutional lawsuit prepared by Human Rights Center – Nikoloz Lomidze vs. the Parliament of Georgia. In the lawsuit, the applicant claims unconstitutionality of the Article 93 Part I of the Criminal Procedure Code of Georgia in relation with the Article 31 Part 1 of the Constitution of Georgia. 

According to the disputed norm, the parties may submit solicitations to the court only in the circumstances regulated by the Code at any stage of the criminal proceedings. The disputed norm authorizes the court to examine inadmissible evidence, based on which it can deliver the guilty judgment. 

In accordance with the rule of combination of the Criminal Procedure Code norms, the admissibility of the evidence is examined during the pre-trial session, when the court finds out whether the law requirements were met in the process of evidence collection; the court examines the evidence during the trial on merits. Therefore, a judge may accept contradictory evidence during the pre-trial session. Above that, based on disputed norms, the court may refuse the either party to accept concrete evidence and assessment of its validity and finally the Court may pass guilty judgment based on inadmissible evidence. 

Human Rights Center represents Nikoloz Lomidze in the Constitutional Court of Georgia.
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