A preventive measure is what the court imposes on an accused before trial — for example bail or detention. The decision is made in the first days of a case and is often the most important one for the family.
When it is decided
A person must be charged within 48 hours of arrest, and within the following 24 hours the court decides on a preventive measure. The lawyer needs to start preparing for this hearing immediately.
Types of preventive measures
- Bail — at least GEL 1,000, or real estate
- An agreement not to leave and to behave properly
- Personal guarantee
- Detention
The court can also add obligations: reporting to the police, electronic monitoring, a ban on meeting certain people, or surrendering a passport.
Detention only as a last resort
By law, detention is used only when it is the only way to prevent the accused from absconding, interfering with evidence or committing a new crime. The prosecutor must justify why a milder measure is not enough. Total pre-trial detention may not exceed 9 months.
What the court considers
- The accused's character, age and health
- Family and financial situation, employment
- Compensation of damage
- Any earlier breach of a preventive measure
Appeal
The ruling can be appealed once to the Court of Appeals within 48 hours. So your lawyer must be ready as soon as the decision is made.
Legal basis
Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.
This article is general information and does not replace advice from a lawyer on your specific case.