Evolving Human Rights Conditions for Victims in Georgian Legislation
DOI:
https://doi.org/10.52340/zssulaw.2023.01.01Keywords:
Victim Rights, VictimizationAbstract
Under the Georgian Criminal Procedure Code, a victim is defined as an individual or entity suffering harm due to criminal actions. The rights and responsibilities of such persons have evolved across various legislative periods. Victims encompass both natural and legal persons, the latter represented by individuals authorized to review the decree acknowledging the victim status. Typically, legal entities are victims of property crimes, whereas crimes against the state and drug offenses, governed by public and state order considerations, do not fall under this category. Beyond tangible rights, recent legal reforms have adopted a more profound approach towards victim support, acknowledging the significance of psychological well-being alongside physical health. This shift aims to safeguard victims from secondary victimization, which could exacerbate their plight. The current state of victims' human rights is a pressing issue, meriting attention due to existing challenges and the Constitutional Court's deliberations on victims' rights.
References
Criminal Procedure Code of Georgia, Article 3, Part 22.
Tumanishvili, G., "Victim in Modern Criminal Procedural Law," Law Journal, No. 2, 2009, p. 75.
Criminal Procedure Code of Georgia (1998), Article 70.
Criminal Procedure Code of Georgia (1998).
Tumanishvili, G., Jishkariani, B., & Schramm, E., "Influence of European and International Law on Georgian Criminal Procedural Law," Meridian Publishing House, Tbilisi, 2019.
Gakhokidze, J., Mamniashvili, M., & Gabisonia, Y., "The Criminal Process: A General Part," Tbilisi, 2013.
Explanatory Note to the Draft Law of Georgia on "Amendments to the Criminal Procedure Code of Georgia."
Constitutional Court of Georgia, Decision on the case N1/3/1312, "Konstantine Gamsakhurdia v. Parliament of Georgia," December 18, 2020, resolution part.
Constitutional Court of Georgia, Decision on the case of citizens Khvicha Kirmizashvili, Gia Patsuria, and Gvantsa Gagniashvili, and "Nikani Ltd" against the Parliament of Georgia.
Criminal Procedure Code of Georgia, Articles 57-58.