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Some Lawyers Doubting the Institute of Jury

September 28, 2010
Shorena Kakabadze, Kutaisi

They will take a direct part in the trial. They will decide the question of culpability or innocence of the defendant, and ultimately bring in a verdict. Public becomes the jury – the jury well advocated by the judicial authority will start operating starting from October 1st.

“I’m honored to inform you that according to new Code of Criminal Proceedings, the jury trial institution will start operating in the court system of Georgia. It will ensure the direct participation of people in the justice implementation. You will directly feel what a responsibility it is to make a decision. It will be exactly on people, public to decide whether to isolate the defendant or bring him/her back into the society. This change is also very important for Georgian justice and a lot more will be done for introducing it to you than this modest letter,” – reads an extract from the letter addressed to Tbilisi population by the head of Supreme Court, Konstantine Kublashvili.

The process called the step forward to democracy by judicial authority, is entering the main phase – 12 main and 2 additional jurors. The acquittals at jury trial are ultimate and can’t be appealed.

“At the first phase, the case of deliberate murder will be discussed. 50 candidates will be selected from the united list of population. Then the screening will take place (this list might include those who are prohibited to become a juror by the law). 12 candidates will be selected and involved in the trials. The function of jury is to determine the question of culpability or innocence of the defendant. They bring in the verdict, according to which, the jury addresses the judge to find the certain individual guilty or contrary. Judge is obligated to accept this verdict and pass the sentence. Judge determines the penalty – the imprisonment,” – according to this scheme the jury will start operating in several days.

According to some lawyers, trials will resemble the theatrical performance and ultimately will be unable to receive trust from government.

“During the trial, the defense and prosecutor’s sides must present case materials theatrically so the jury will have certain understanding about the defendant – either positive or negative (it depends how it will be presented by the corresponding sides). Of course, all this should be based on the case materials. Then the jury goes in the consulting room and takes the decision. There, the argument takes place whether or not to consider defendant guilty. I think this process will entirely resemble a performance and what kind of result it will end with, it’s a separate question,” – states lawyer Giorgi Danelia.

Rezo Topuria, the lawyer of Young Lawyer’s Association Kutaisi Branch: “The future will determine whether or not the jury trial will work in Georgia and fit Georgian reality. After all, they will make it work!... But, I still think that it won’t work, for one reason. This is Georgia, everybody knows each other and it’s possible that the juror who doesn’t have an understanding in the law (is doctor, teacher and etc…), can become easily controlled. This, of course, will become obvious ultimately.

The judicial authority states that the main function in this process is imposed on the judge. But, the full responsibility comes onto the jurors. They take decisions independently from the judge.

“It’s true that the judge is freed of the responsibility and the whole burden is put on the jury. But, this is only at a glance. The truth is that, mostly this depends not on the jurors, but the defense and prosecutor’s sides. They have to work so to establish certain understanding about the defendant among jurors. In other words, the prosecutor and the defense side play bigger role than the jurors. And the jurors are ordinary people on who the emotional background created by the corresponding sides has an impact. Of course, the case evidence has an important role here, but each evidence needs certain presentation so the jurors will have an understanding about the defendant’s aggravating situation, or otherwise,” – states Rezo Topuria.

From October 1st the jury trial will start operating in Tbilisi City Court. From October 2012, they will be implemented all over the country for all crimes that carry custodial sentences.

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