Court sentenced underage mother to six-year imprisonment

Lado Bitchashvili, Shida Kartli

On September 26, the Gori district court sentenced the accused juvenile mother to 6-year imprisonment for the murder of her 7-month infant. Judge Levan Darbaidze examined the case.

“The Court examined the case in accordance to the rules established by the Articles 1, 3, and Article 37 Part 1 “b” of the Convention on the Rights of the Child, by the minimal standards of the UN, Article 5 of the Beijing Rules, in accordance to the Juvenile Code of Georgia, Criminal Code of Georgia and decided that M. Sh. is guilty in accordance to the Article 111-109 Part 2 – “b” and “f” of the Criminal Code of Georgia. Based on the Article 76 of the Juvenile Code, she was sentenced to 8-year imprisonment,” Judge Levan Darbaidze announced, who reduced the criminal punishment of the juvenile mother at ¼ and finally she will spend 6 years in prison. 

“In accordance to the Article 73 Part 3 of the Juvenile Code of Georgia, the punishment for M. Sh. who is juvenile, will reduce at ¼ and finally her imprisonment term will be 6 years. Her imprisonment term will be calculated since the date of her arrest – May 22, 2019. The imprisonment term as compulsory measure against her will be canceled for the purpose of her rehabilitation-resocialization and the respective juvenile rehabilitation institution will be ordered to conduct individual psychological course for her. The judgment may be appealed within one month period in the Criminal Law Chamber of the Tbilisi Appellate Court,” the judge clarified to the parties. However, the father of the 7-month-old infant and his relatives protested the court judgment. 

“She admitted that she intentionally killed the child but the court sent her to prison for 6 years. I am surprised how it could happen. We expected 10-12 years-imprisonment as a punishment; we will supposedly appeal the verdict,” the relatives of the father said.

The defense lawyer is also discontent with the court judgment and is going to appeal it.

“The court found my client guilty in the imposed charge though we do not agree with it and will appeal the judgment. We observed many violations in the course of investigation but I cannot tell you more now; I should wait for the reasoned judgment of the court to make additional comments about it,” the defense lawyer Ermile Tcheishvili said.

Only prosecution was satisfied with the judgment. Prosecutor Nana Gugutishvili said the judge found the juvenile mother guilty in the murder of her 7-month-old infant. 

“The court fully shared the position of the prosecution and relied on the evidence. Finally the judge found underage M. Sh. guilty in the imposed charge and sentenced her to 8-year-imprisonment that was reduced with 2 years in accordance to the juvenile justice. We fully agree with the judgment because the provided evidence really confirmed that M. Sh. had committed the crime,” prosecutor Nana Gugutishvili said. 

On May 21, 2019, police officers arrested the juvenile mother for the alleged murder of her child in Agaiani village, Kaspi municipality. According to the MIA, the investigation established that the accused underage person suffocated the 7-month-old infant at home and ran away. The police found 16-years-old girl in Tbilisi several hours later, who pleaded guilty. 

Nongovernmental organizations requested to start investigation into another criminal offence, which was committed against the juvenile offedner – sexual intercourse with the person who has not attained age of 16 yet. The husband of the accused girl was several times questioned in the police with regard to the criminal charge, but it was not yet sent to the court for examination.