Teenager charged with a crime: what to do under Georgian law

What to do

1. Age: criminal liability starts at 14 years of age at the time of the act (Juvenile Justice Code of Georgia, Art. 3). A lawyer is needed at once: a free lawyer is provided at any stage if there is no privately retained lawyer, regardless of income (Juvenile Justice Code, Art. 15); only a specialised juvenile lawyer (Juvenile Justice Code, Art. 20).
2. Detention and questioning: upon detention, the parent is contacted immediately (otherwise a close relative) (Juvenile Justice Code, Art. 49); questioning is only in the presence of a legal representative and a lawyer (plus a psychologist) (Juvenile Justice Code, Art. 52); questioning is not permitted between 22:00 and 08:00 (Juvenile Justice Code, Art. 52).
3. Preventive measure: a motion for a preventive measure is submitted to the magistrate no later than 48 hours after detention (Juvenile Justice Code, Art. 54); pre-trial detention is used only as a last resort (Juvenile Justice Code, Art. 64); alternatives to detention: supervision, an undertaking not to leave and to behave properly, surety, bail (Juvenile Justice Code, Art. 60). If detained: until the pre-trial hearing — no more than 40 days from detention (Juvenile Justice Code, Art. 64); review by the court at least once every 20 days (Juvenile Justice Code, Art. 64); total period of detention — no more than 6 months (Juvenile Justice Code, Art. 64).
4. Goal of the defence — diversion instead of trial: for a less grave or grave offence, diversion is considered first (Juvenile Justice Code, Art. 38); conditions: no prior conviction, no earlier diversion-mediation, an admission, written consent of the minor and the parent (Juvenile Justice Code, Art. 40); until the pre-trial hearing the prosecutor decides (diversion or mediation agreement), later the court (Juvenile Justice Code, Art. 39); a refusal can be appealed to the superior prosecutor (Juvenile Justice Code, Art. 39); an admission made during diversion cannot be used in court (Juvenile Justice Code, Art. 41).
5. Sentence: aged 14–16 — the term of imprisonment is reduced by 1/3, but not more than 10 years (Juvenile Justice Code, Art. 73); aged 16–18 — reduced by 1/4, but not more than 12 years (Juvenile Justice Code, Art. 73); the conviction is expunged immediately upon serving the sentence (for a conditional sentence — upon expiry of the probation period) (Juvenile Justice Code, Art. 12).
6. Where to apply: prosecutor and superior prosecutor; Legal Aid Service; guardianship authorities; magistrate judge.
7. Evidence: birth certificate, school reference; time of detention and of questioning, and who was present.
8. Pitfalls: questioning without a parent or lawyer, or at night; refusing a free lawyer on the grounds “we are not low-income”; applying the adult pre-trial detention periods of the Criminal Procedure Code instead of the juvenile ones; admitting guilt “for the sake of diversion” without checking the conditions.

Be sure to check

• parental notification; questioning only with a legal representative and a lawyer, and not at night
• a free specialised lawyer regardless of income
• pre-trial detention is a last resort: 40 days until the pre-trial hearing, review every 20 days, maximum 6 months
• diversion or mediation instead of trial — conditions, who decides, challenging a refusal before the superior prosecutor
• reduced sentences (cut by 1/3 or 1/4) and expungement of the conviction