Mtskheta district court responded to the information published by the Interpresnews about imprisonment of 64-year-old Valeri Chilashvili:
“On September 4, 2010 Saguramo police division in Mtskheta district started investigation against Valeri Chilashvili under Article 177 of the Criminal Code of Georgia. More precisely, Valeri Chilashvili stole wooden materials (for 35 GEL) from the forest place near the village of Tsitsamuri early in the morning on September 4, 2010. The stolen boards were discovered by the representatives of the Ministry of Environment and Natural Resources; they were stored as a proof in the criminal case.
Although Valerian Chilashvili did not plead guilty in the accusation, which was confirmed by witness testimonies and withdrawn proof, and did not cooperate with the investigation, Mtskheta district court considered his situation and imposed only 2 000 GEL as a bail on him; in addition, the deadline to pay the bail was 30 days though the prosecutor had requested short term. On December 2, 2010, since Chilashvili did not pay the imposed bail within the estimated term, the less grave punishment was changed and according to the law he was sentenced to imprisonment.
On January 22, 2011 Mtskheta District Court found Valerian Chilashvili guilty based on the case materials and proofs gathered during the investigation. Although the law envisages imprisonment from one to three years for the crime, the Court envisaged the age of the convicted and imposed minimal term of imprisonment – one year – on him. In addition, the Court clarified that in accordance to the legislation, suspended sentence can be imposed on a convicted if he pleads guilty and cooperates with the investigation.
As for the Article 7, Part II of the Criminal Code of Georgia, which states that 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. It is noteworthy that only value of the stolen subject cannot be envisaged when evaluating the damage because the Article stresses out the threat of damage as well that cannot be measured only according to the value of the stolen subject because the subject was proof in another criminal offense and its disappearance might have threatened the legal perspective of another case.”
Georgian Young Lawyers Association had informed the Interpresnews about Valerian Chilashvili’s case on January 28, 2010.
“On September 4, 2010 Saguramo police division in Mtskheta district started investigation against Valeri Chilashvili under Article 177 of the Criminal Code of Georgia. More precisely, Valeri Chilashvili stole wooden materials (for 35 GEL) from the forest place near the village of Tsitsamuri early in the morning on September 4, 2010. The stolen boards were discovered by the representatives of the Ministry of Environment and Natural Resources; they were stored as a proof in the criminal case.
Although Valerian Chilashvili did not plead guilty in the accusation, which was confirmed by witness testimonies and withdrawn proof, and did not cooperate with the investigation, Mtskheta district court considered his situation and imposed only 2 000 GEL as a bail on him; in addition, the deadline to pay the bail was 30 days though the prosecutor had requested short term. On December 2, 2010, since Chilashvili did not pay the imposed bail within the estimated term, the less grave punishment was changed and according to the law he was sentenced to imprisonment.
On January 22, 2011 Mtskheta District Court found Valerian Chilashvili guilty based on the case materials and proofs gathered during the investigation. Although the law envisages imprisonment from one to three years for the crime, the Court envisaged the age of the convicted and imposed minimal term of imprisonment – one year – on him. In addition, the Court clarified that in accordance to the legislation, suspended sentence can be imposed on a convicted if he pleads guilty and cooperates with the investigation.
As for the Article 7, Part II of the Criminal Code of Georgia, which states that 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. It is noteworthy that only value of the stolen subject cannot be envisaged when evaluating the damage because the Article stresses out the threat of damage as well that cannot be measured only according to the value of the stolen subject because the subject was proof in another criminal offense and its disappearance might have threatened the legal perspective of another case.”
Georgian Young Lawyers Association had informed the Interpresnews about Valerian Chilashvili’s case on January 28, 2010.
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