Rights of the Accused in Georgia: What Everyone Dealing with an Investigation Must Know
In Georgia, criminal proceedings are strictly regulated by law and
are based on the principle of human rights protection. In practice,
however, citizens are often unaware of their rights and find
themselves vulnerable when dealing with investigative authorities.
That is why it is essential for everyone to know — what rights does
an accused person have, and how can they protect themselves within
the law.
## 1. Presumption of Innocence — Your Primary Legal Shield
Under the Constitution of Georgia and the Code of Criminal Procedure,
a person is considered innocent until their guilt is proven by a
court verdict that has entered into legal force.
This means:
– You are not obligated to prove your innocence
– The burden of proof lies entirely with the prosecution
– Every doubt must be interpreted in favor of the accused
## 2. Right to Remain Silent — Say Nothing Without Your Consent
An accused person has the right to refuse to testify against
themselves. This is one of the most important rights available.
Important to know:
– You may refuse to answer any questions
– Silence cannot be used against you
– Any testimony obtained under pressure is considered a violation of law
## 3. Right to an Attorney — Professional Defense From the Very First Moment
Under Georgian law, an accused person has the right to have an
attorney from the first moment of detention or questioning.
This right includes:
– A confidential meeting with your attorney
– Your attorney’s presence during questioning
Practical advice: Never give testimony without your attorney present.
## 4. Right to Be Informed — You Must Know What You Are Charged With
Upon detention or the filing of charges, the state is obligated to
clearly and understandably inform you of:
– What crime you are accused of
– What evidence exists against you
– What rights you have in the proceedings
If this information was not fully provided to you — it is a
procedural violation.
## 5. Right to Dignified Treatment
An accused person is protected from ill-treatment, torture, and
degrading treatment.
Prohibited by law:
– Physical or psychological pressure
– Forced confession
– Inhumane conditions during detention
## 6. Right to Challenge Evidence
An accused person has the right to challenge evidence used against
them if it was obtained in violation of the law.
For example:
– Evidence obtained through unlawful search
– Recordings obtained without a court warrant
– Testimonies obtained under coercion
Evidence obtained in violation of the law is inadmissible — the
court cannot rely on it when making a decision.
## 7. Right to an Interpreter — If You Do Not Speak the Language of the Proceedings
If the accused does not speak Georgian, they have the right to use
the services of a free interpreter.
This ensures:
– Full and effective legal defense
– Proper understanding of the proceedings
– Communication with the attorney and the court
## 8. Right to Trial Within a Reasonable Time
The law provides that a case must be heard within a reasonable
time frame, without unnecessary delay.
## 9. Principle of Equality Before the Court
The accused has equal rights with the prosecution:
– To present evidence
– To cross-examine witnesses
– To participate in all procedural actions
## Why KH&PARTNERS?
In criminal proceedings, proper legal support often plays a
decisive role. The KH&PARTNERS team is ready to protect your
rights at every stage of the process — from detention to the
final decision.
KH&PARTNERS will help you:
– Accurately assess your legal situation
– Avoid critical mistakes when dealing with investigators
– Effectively exercise all rights granted by law
– Build a strong defense strategy based on evidence and procedural details
Our philosophy: Composure, Reliability, and Victory!
Why clients trust us:
– 33+ years of experience in law
– 160+ attorneys in our global network
– 2,000+ satisfied business and individual clients
– 96% of cases won and 100+ acquittals
– ISO-certified legal services
– Insured legal representation
Our geography includes: Georgia, USA, France, Spain, Ukraine,
Turkey, China, South Korea, and more.
Contact us today and let us schedule a working meeting:
+995 595 17 17 41
info@khlaws.com
Tbilisi, Georgia