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Juvenile Offender Will Have Chance to Expiate His/Her Crime

November 15, 2010
Interpresnews

A new norm within the Georgian Criminal Procedure Code that aims to keep juvenile offenders out of jail becomes valid starting November 15, 2010. 

Head of Administration within the Ministry of Justice Andro Gigauri said the program of avoiding the punishment of juvenile offenders aims to enable the juvenile to serve his/her term outside of prison. It envisions juvenile offenders being supervised outside of prison by prosecutors, prison personnel, social workers and mediators. 

According to the program, the prosecutor cannot launch or drop criminal prosecution against the juvenile if he/she has committed a crime for the first time, if the crime is minor, or if   the juvenile has not participated in the program before. A juvenile has only one chance to elude the punishment.

The program aims to avoid placing the criminal liability on the juvenile. Gigauri said the program also aims to avoid repeated crime among juveniles.

“A juvenile and his/her family shall be ready to reimburse the damage at least symbolically. The prosecutor sends the decision on expiation to a social worker who will carry out short bio-social test on the juvenile. The test will envisage those circumstances which encouraged the juvenile to commit the crime. Afterwards, the mediator is obliged to begin dialogue between the victim and the juvenile. The juvenile offender shall explain to the victim why he/she has committed the crime. The juvenile shall apologize to the victim during the meeting.. This apology can be expressed in verbal or written form or otherwise. After this exchange of dialogue, the agreement is drawn up. For example, if a juvenile has stolen a mobile phone from an elderly person, the juvenile will have to fetch bread for the person for three weeks before going to school,” said Gigauri. Mr. Gigauri also clarified that after the agreement is signed, the prosecutor may decide to drop prosecution.

The social worker is entitled to supervise the implementation of the agreement. If the agreement requirements are breached by the juvenile, the prosecutor can launch or renew prosecution.

Deputy Minister of Justice Giorgi Vashadze stated that eluding juvenile   punishment is one of those reforms which aim to prevent crime. He stated that the government has changed the policy of Zero Tolerance into a liberal criminal law.

“This stage does not aim to punish the juvenile but to change the mentality of the offender psychologically,” said Giorgi Vashadze. He also added that the Zero Tolerance policy really has had results and Georgia has occupied the lowest level in the field of crime; the fight against crime has been successful and crime statistics   have significantly been reduced in Georgia.

Government officials clarify that the program is a revolutionary one and the first stage will be the pilot; the program will be implemented in four cities of Georgia – Tbilisi, Rustavi, Batumi and Kutaisi. After some period of time, the program results will be analyzed and will be carried out throughout Georgia.

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