Lawyer for crime victims in Georgia — rights in a criminal case

The definition of a victim is in Article 3, point 22 of the Criminal Procedure Code. A victim has all the rights and duties of a witness (Article 56, part 1) — including the right to a lawyer at their own expense at an interview and at questioning before a magistrate judge (Article 113, part 2; Article 114, part 11).

An insolvent person who is a victim of a family crime or domestic violence is entitled to free legal aid if no lawyer hired by them takes part in the case (Article 57, part 1¹).

Being recognised as a victim

• The prosecutor issues the decision recognising a person as a victim — on their own initiative or on your application (Article 56, part 5).
• If the prosecutor does not grant the application within 48 hours, you can apply once to the superior prosecutor; after their refusal — to the district (city) court where the investigation is conducted (Article 56, part 5).
• The court decides within 15 days; its decision cannot be appealed (Article 56, part 7).
• If the crime caused the victim's death, one of their close relatives takes over the victim's rights — the victim's successor (Article 56, part 3).

Victim rights

Under Articles 57 and 58, a victim has the right to:

• Know the substance of the charge brought against the accused.
• Receive information about the progress of the investigation and see the case file, unless this is against the interests of the investigation.
• See the case file no later than 10 days before the pre-trial hearing.
• On request, be told in advance the time and place of the accused's first appearance, the pre-trial, main, sentencing, appeal and cassation hearings.
• Testify in court about the damage caused by the crime or submit this information to the court in writing.
• On request, receive information about the preventive measure applied to the accused and about the accused or convicted person leaving a penitentiary institution, if this does not put the accused or convicted person at real risk.
• Ask for special protection measures if the life, health or property of the victim, a close relative or a family member is under threat.
• Receive free copies of the decision to end the investigation or prosecution, the judgment and other final court decisions.
• Get back property temporarily taken for the case and be reimbursed for costs of taking part in the proceedings.
• Receive victim compensation under the procedure set by the Code — compensation for property damage caused directly by the crime (Article 3, point 22²).

Appealing a decision to end the investigation or prosecution

• The prosecutor sends the victim a copy of the decision to end the investigation or prosecution within 1 week of making it (Article 106, part 1).
• The victim can appeal this decision once to the superior prosecutor (Article 106, part 1¹).
• The superior prosecutor's decision is final, except in cases of especially grave crimes, domestic violence (Criminal Code, Article 126¹), family crimes (Article 11¹) and crimes within the jurisdiction of the Prosecutor's Office. In those cases the superior prosecutor's refusal can be appealed to the district (city) court where the investigation is conducted; the court decides within 15 days and its decision cannot be appealed (Article 106, part 1¹).