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With the Support of Human Rights Center’s Lawyers Court Reduced Imprisonment Term for the Convicted for Drug-Crime

July 30, 2012
Law of Georgia about Narcotic, Psychotropic Substances, Precursors and Narcological Assistance adopted on May 25, 2012 allows people convicted under Article 260 Part II of the Criminal Code of Georgia to petition to the Criminal Law Chamber at the Tbilisi Appeal Court to review the judgment if new circumstances are discovered in the case. The law mitigates criminal liability for the actions for what people were convicted to gross sentences.

Namely, according to the annulled law (Law of Georgia about Narcotic, Psychotropic Substances, Precursors and Narcological Assistance adopted on December 5, 2002 (Sakanonmdeglo Matsne # 33, 23.12.2001, Article 162)) and July 23, 2003 Resolution # 2557 of the Parliament of Georgia about Withdrawn of Small, Large and Particularly Large Amount of Narcotic and Psychotropic Substances from Illegal Possession or Circulation (Sakanonmdeblo Matsne # 82, 6.08.2003, Art. 727), withdrawn narcotic substance Heroin belonged to the category of particularly large amount: but according to the notes to the Article 1 “a.a” subparagraph of the new law about Narcotic, Psychotropic Substances, Precursors and Narcological Assistance, it is starting amount of substances for criminal liability.

Unfortunately, many prisoners do not have information about this amendment to the law and their chance to appeal their verdict.

Based on the Article 301 “f” of the Criminal Procedural Code of Georgia, if a new law mitigates criminal liability for any crime she/he is convicted for, due to recently discovered circumstances can become basis for the review and in accordance to the Article 3 Part I and II of the Criminal Code of Georgia the law has back-power. As for the sentence of the convicted, it should be mitigated within the frames of the sanction of the new criminal law.

With the support of the Human Rights Center’s lawyers, Criminal Law Chamber at the Tbilisi Appeal Court reduced sentence term for several people convicted for narcotic crimes. Human Rights Center suggests prisoners of similar category to enjoy their right under the law and mitigate their sentence.

Humanrights.ge 

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