IDP Artist Was Imprisoned for Stealing 35-GEL Boards

Mtskheta district court sentenced IDP artists, 64-year-old Valerian Chilashvili for having stolen boards of 35 GEL to one-year-imprisonment. The Georgian Young Lawyers Association reported the Internpresnews about the fact.

According to the GYLA, Mtskheta district prosecutor’s office detained Chilashvili in October 2010 for thievery. Based on the motion of the prosecutor’s office, the court imposed bail of 2 000 GEL on the IDP. Since the convicted could not pay the bail, he was imprisoned.

The representatives of the GYLA stated that in accordance to the Article 7 Part II of the Criminal Code of Georgia an act, which though formally contains features of a particular act provided by this Code, but due to its insignificance, has not caused such harm or has not created the danger of such harm that would make criminal responsibility of its perpetrator essential, shall not be considered as a crime.

“This norm was not used in case of IDP Chilashvili although the Minister of Justice Zurab Adeishvili issued a decree # 181 on October 8, 2010 on the guidelines for the policy of the criminal law to more effectively use the norm in practice. According to the decree, if the damage caused by the crime is not significant enough, a person shall not be prosecuted,” said the lawyers.

In addition, the amount of the damage – 35 GEL was not estimated because the stolen boards were not examined. Thus, it was not confirmed whether they cost 35 GEL or less.

The Young Lawyers think the chief prosecutor’s office of Georgia and courts had real possibility in case of IDP Chilashvili to introduce new procedural principles in the Criminal Law. In doing so, they could have established innovative and liberal approaches to similar cases.

“Unfortunately, the abovementioned cases demonstrate other procedural violations as well as extremely severe and intolerant policy of the criminal law,” said the representatives of the Association.

Interpresnews