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How can I obtain the right to go abroad?
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Pursuant to Article 14 of the law of Georgia ‘On Procedure of Execution of Non-Custodial Sentences and Probation’, your written application for going abroad is considered, upon a petition of a probation officer, by the head of the probation bureau who takes a decision on it by written agreement with the Head of the National Probation Agency. You will be advised of the decision of the head of the probation bureau in a written form, no later than within 10 working days from the moment of receiving the application by the head of the probation bureau. The head of the probation bureau considers the written application envisaged by the first paragraph of this article through urgent procedure within the period of 2 working days, on the basis of transferring by a convict of the urgent procedure service fee – 200 GEL to the account of the National Probation Agency. In case of denial of departure abroad, the urgent procedure service fee is not refunded. In case of departure abroad, you will be obliged to pay the following permit fees: a) for the period up to one month – 600 GEL; b) for the period from one to three months – 1200 GEL; c) for the period from three to six months – 2000 GEL; d) for the period from six to nine months – 2700 GEL; e) for the period from nine to twelve months – 3400 GEL. In the event that the application of a convict is upheld, after presentation of the documentation that confirms transferring the fee to the account of the National Probation Agency by him/her, the head of the probation bureau will issue permission for departure. During a convict’s stay abroad, the period of permission for departing abroad can be extended if the document that confirms payment of the fee, with indication of a convict’s personal number and purpose, is submitted to the probation bureau.
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I am registered in Tbilisi Probation Bureau. For family reasons I have to change my place of residence and move from Tbilisi to Akhaltsikhe. Do I have the right to do it?
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Pursuant to Article 41 of the law of Georgia ‘On Procedure of Execution of Non-Custodial Sentences and Probation’, if the court has obliged you not to change the place of residence without a sanction from the sentence execution body, your application concerning the change of the place of residence will be considered by the head of the probation bureau who will take a decision on it. If the court has not imposed such obligation upon you, it is necessary to notify the supervisory body about changing the place of residence 2 weeks in advance. In case of changing the place of residence, the execution case is sent to another probation bureau, according to a new place of residence.
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In what case is a pre-term remittal of conditional sentence possible? What particular procedure is it necessary to undergo for this purpose?
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Pursuant to Part 1 of Article 67 of the Criminal Code of Georgia, if a probationer, after expiration of no less than a half of the probation period, by his behavior proves his correction, the court, upon recommendation of the body implementing supervision and rendering assistance to a probationer, can remit conditional punishment and expunge a conviction from a convict. In accordance with Article 20 of the law of Georgia ‘On Procedure of Execution of Non-Custodial Sentences and Probation’, if a probation officer is of opinion that there is a lawful ground for submission of an application to the court, he writes a report addressed to the head of the probation bureau. Pursuant to Article 21 of the same law, application to the court concerning remittal of conditional punishment and expungement of a conviction from a convict is made by the head of the probation bureau (according to a convict’s place of residence) by written agreement with the Head of the National Probation Agency. The court rules for or against allowance of the application within the period of one month from the moment of submission of the application.
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What are the cases of imposing probationary sentence?
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1. If plea bargaining agreement was made among the parties; 2. If intentional minor crime or unintentional crime has been committed and the defender confesses guilt and/or cooperates with investigation; 3. If the convicted by the time of rendering the judgment is underaged and it was the first time that he committed minor, less serious, serious or unintentional crime; 4. Where a probationary sentence is imposed the court may also impose an additional punishment such as correctional labor, fine, service restriction, confiscation of property; 5. When passing a probationary sentence the court may impose a trial period throughout which a convict shall not commit a new crime and shall fulfill an obligation imposed upon him. 6. The court, when passing a probationary sentence, may impose a certain obligation upon a convict: not to change permanent address without prior permission of the Probation Office, not to establish relations with those who may engage him in anti-social activities, not to visit certain places, assist financially his family, undergo medical treatment.
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Instances when probation service shall not be imposed?
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1. If the convict has committed serious or grave crime; 2. The convict had previous convictions for committing serious and grave offences; 3. If the convict had previous convictions for committing two or more intentional crimes.
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What are the instances of revoking probationary sentence?
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1. If after passage of the half of probationary term probationer by his behavior proves his improvement, the court may revoke the probationary sentence and cancel conviction. 2. If a probationer systematically and persistently avoids fulfillment of obligations throughout the trial period, the court may decide to revoke the probationary sentence and implement the punishment imposed by the sentence.
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What is diversion and mediation program?
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By application of diversion and mediation program a juvenile is completely released from criminal liability and alternative forms of liability, that substitute imprisonment and intends juveniles’ correction without carrying out criminal proceeding, are applied.
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