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Order of the Judge Can be Appealed

22.12.2004

Order of the Judge Can be Appealed

Tbilisi.21.12.04. Media News. According to the decision of the Constitutional Court the order of the judge on searching and finding evidence can be appealed.

This decision was taken by the Constitutional Court after discussing the complaint of the NGO “Article 42 of the Constitution” which considers that a victim has the right to appeal the court warrant on searching to a higher instance and even demand the compensation in case the order is recognized to be illegal.

“The decision of the Constitutional Court is very important as it can be said that European law is step by step being established in the Georgian legal system. We suppose that based on the above-mentioned decision the Georgian parliament will make essential amendments in the Criminal Procedure Code”. – stated the representative from “Article 42 of the Constitution”.

The point is that the Constitutional Court recognized as unconstitutional those articles of the Criminal Procedure Code which forbade the appealing of the judge’s order.

According to Gela Dvalidze, a respondent at the trial, representative of the parliament the decision of the court may have negative results as fighting against crime may become inefficient.

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