1. The first instance court decision shall be appealed to the appellate court within a month from the moment it was issued; 2. Appeal court decision shall be appealed to the supreme court within a month from the moment it was issued.

The appeal shall be examined within three days after it is filed.

Plea bargaining agreement is the agreement between a convict (accused) and a prosecutor on the submitted charges that is proved by the court without hearing on merits.

1. In the event of plea bargaining agreement person is considered guilty and is sentenced; 2. After plea bargaining agreement civil case may be initiated against a convict with the claim to compensate for damages that was suffered by a person as a result of committed offence.

1. Accused/convicted shall fully realize committed offences and submitted charges; 2. Accused/convicted shall be informed on the anticipated punishment in case plea bargaining agreement is approved; 3. Parties shall agree on all plea bargaining conditions; 4. Accused/convicted shall be represented by a defense counsel.

A convicted/accused: 1. Shall be aware of case materials; 2. May refrain from making plea bargaining agreement at any moment; 3. Appeal the court decision on making plea bargaining agreement in upper instance court.

1. The court examines prosecutor’s motion and makes decision without hearing on merits within 15 days after submitting a motion; 2. The court is entitled to reject the plea-bargaining agreement and to remand the case to the prosecutor , if it finds that plea-bargain was made with violation of law; 3. Upon the parties’ consent, the court is authorized to make amendments to the plea-bargaining agreement.

1. Plea bargaining agreement was made by deceit; 2. Convicts’/defendant’s right to legal protection was violated; 3. Plea bargaining agreement was made through intimidation, threat, coercion and violence; 4. When approving the plea-bargaining agreement, the court violated the law; 5. The convicted violated the term of plea-bargaining agreement.

1. An appeal may be filed at any stage of the criminal proceeding. 2. An appeal may be filed within ten days from the moment the appealing party learned about the action or decision it deems to be unfounded or illegal.

1. If the motions is filed at the pre-trial investigation stage a motion shall be examined and resolved within three days from the moment of its filing, 2. If the motion is filed in the court it should be examined and resolved immediately.

1. Before making plea –bargaining agreement, prosecutor shall consult a victim and inform him thereof. 2. The victim is not entitled to appeal the court decision on approving the plea-bargaining agreement; 3. A victim is entitled to file the civil complaint to the court and claim compensation for the damage that was inflicted upon him as a result of committing the offence.

1. The order (ruling) applying or replacing (revoking) a preventive measure may be appealed, within 48 hours from the moment it was issued, to the investigative panel of an appellate court 2. The judge of an investigative panel of an appellate court shall examine an appeal within 72 hours from the moment it is filed. The decision of the appellate court is final.

1. The first instance court decision shall be appealed to the appellate court within a month from the moment it was issued; 2. Appeal court decision shall be appealed to the supreme court within a month from the moment it was issued.

1. The term of detention shall not exceed 72 hours. Within 48 hours from the moment of detention, the detained person shall be submitted charges and the prosecutor shall submit to a judge the motion on application of preventive measure. Within 24 hours from submitting a motion the judge should examine the application on applying preventive measure against the accused. 2. If within 48 hours from the moment of detention the detained is not submitted charges and no motion is filed to the court on application of preventive measure, the detained should be released immediately. 3. The judge shall examine a motion to apply a preventive measure no later than 24 hours from the moment it is filed, otherwise a detained shall be released.

1. A victim shall be a natural person, organization and/or state that has suffered or might have suffered a moral, physical or property damage as a result of a crime. 2. In the case of a crime resulting in a victim’s death, the victim’s rights and obligations shall be granted to one of his/her close relatives.

A victim shall have the right to: 1. know the essence of the charge brought against the defendant; 2. testify before the court; 3. be informed on the report of investigative activities, to request making of comments, amendments and additions thereto; 4. not to testify against him or his relative; 5. receive compensation for the costs incurred by him/her as a result of participating in the proceedings; 6. return back his property that is necessary for court review and was seized temporarily; 7. request from the prosecutor the application of special measures of protection if his/her life, health or property, as well as the life, health and/or property of his/her close relatives or members of his/her family are in danger; 8. be informed on the place and time of arranging court hearings; 9. be informed on plea-bargaining agreement made with an accused/convict.

1. Any natural person who may be aware of the facts necessary for ascertaining the circumstances of a criminal case shall be a witness. Before interrogation, a person is warned about the criminal responsibility for giving false testimony, for refusing to testify and for giving conflicting testimonies. 2. Juvenile witness shall be interrogated in presence of his legal representative or a psychologist.

A witness shall have the right to 1. know for which case s/he has been summoned; 2. testify in his/her native language or any other language s/he desires and to enjoy the services of a translator free of charge, if s/he has no command or insufficient knowledge of the language of the criminal proceedings; 3. review a record of an investigative action carried out in his/her presence, to request the opportunity to make remarks, additions, and changes to this record; 4. refuse to give testimony that reveals his/her criminal conduct or criminal conduct of his/her family members or close relatives; 5. participate in an investigative action; 6. request the application of special measures of protection.

A witness is obliged to: 1. appear upon the summons of the court; 2. respond to the questions he/she is asked; 3. not to disclose the circumstances of the case, if s/he has been so admonished by the court; 4. observe order during the trial; 5. not to leave the courtroom without permission of the presiding judge of the court hearing.

1. a medical worker, if by virtue of profession he/she is obliged to keep medical secrets; 2. a notary, public servant, serviceman and a person enjoying equal status with servicemen if they have assumed the obligation of non-disclosure of a source or information obtained; 3. a person employed under a condition of non-disclosure of commercial and bank secrets; 4. participant of counter-terroristic and/or special operations (regarding his professional duties), whose activities are classified and documents, materials and other data relating to this activities constitutes the state secret.

The following persons shall be free of obligation to testify as a witness: 1. defense counsel – regarding the facts that have become known to him/her in connection with carrying out the duties of a defense counsel in the case; 2. an advocate/lawyer rendering legal assistance to a person prior to formally assuming the duties of defense or representation (a counsel or a representative) – regarding the facts that have become known to him/her in connection with providing legal assistance; 3. a clergyman – regarding the facts that have become known to him in the course of a confession or otherwise revealed confidence; 4. a family member or a close relative of a defendant or a person on trial; 5. Public Defender or a person authorized by him/her – regarding the facts that have been entrusted to him/her as to the Public Defender; 6. a member of the Parliament of Georgia regarding the facts that have been entrusted to them as to the members of representative bodies; 7. a judge – regarding facts contained in the confidential deliberation of judges; 8. a journalist – regarding information obtained through professional activities; 9. a victim of trafficking – during the reflection period; 10. a member of the special preventive group under the Public Defender of Georgia – for the fact that became known to him while fulfilling the functions of national prevention mechanism, in case he refuses to testify;

Close relative – a parent, adoptive parent, a child, adopted child, grandfather, grandmother, grandchild, sister, brother, a spouse (including divorcee)

Legal representative is a close relative, guardian or a curator, who under the Criminal Procedure Code represents a minor, legally incapable person or a person with limited legal capacity, as well as a party to the process who for the health condition cannot defend himself.

A person shall be considered a defendant if there is a reasonable suspicion that s/he has committed a crime.

A person shall be considered a defendant immediately upon detention or upon making a resolution by the prosecutor.

1. to exercise his/her right to defense through defense counsel; 2. to keep silence and to refrain from answering questions; 3. to request a free medical examination and a relevant written report (conclusion) immediately upon detention 4. to carry out investigation either independently or through a lawyer, that implies: - to collect (obtain) and present evidence; - to request conducting of investigative activities and request evidences that will be useful to him; - to participate in an investigative action conducted on the basis of his/her motion or the motion filed by his/her defense counsel; 5. to request attendance of a lawyer in investigative activities carried out by his participation; 6. to be provided interpretation services free of charge if s/he has no command or insufficient knowledge of the language of the criminal proceeding or has a physical impairment that excludes the possibility of communicating with him/her without the participation of an interpreter; 7. to notify his/her family member or a close relative about his/her detention or arrest and his/her location; 8. to receive compensation for damages resulting from unlawful procedural activities; 9. to request case materials, as well as their copies free of charge; 10. to participate in the investigation of the case against him/her and in the trial; 11. to file a complaint about the action or a decision of an investigator; a prosecutor, or a court. 12. not to participate in investigative activities or in reviewing his case.

Exercising of the right to keep silence by an offender shall not be considered as an evidence for proving the guilt.

1. A offender shall have the right to select a defense counsel. If the defendant can not afford a lawyer he is entitled to request public lawyer; 2. A defendant’s communication with his/her defense counsel shall be confidential and unrestricted; 3. Client/attorney communications are also confidential when they occur prior to the individual being officially charged; 4. The client/attorney communications of a defendant in custody may only be restricted by means of visual control.

A person may be held liable for committed offence if in the moment of committing crime he was 14 years old.

A person who turned 14 before committing a crime, however is not 18 years old yet is considered to be juvenile in the criminal case.

1. Term imprisonment shall be imposed upon a juvenile under 16 years old for not more than 10 years. 2. A juvenile under 18 years may not be imposed imprisonment for the term exceeding 15 years. 3. A juvenile can not be sentenced to lifetime sentence.