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Number Of Pages: 40

Publication Year: 2019

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The_role_of_judges__ENG_1561545956.pdf

Within the project “Facilitating Implementation of Reform in the Judiciary” (FAIR), funded by the European Union and implemented by Human Rights Education and Monitoring Center (EMC) in cooperation with the Institute for Development of Freedom of Information (IDFI) and Caucasus Research Resource Centers Georgia (CRRC), CRRC conducted a qualitative study on the role of judges in criminal justice system. The study took place in the period between February 27 and March 29, 2019. Criminal and administrative law judges of two instances (city/district court and court of appeal1) were interviewed in Tbilisi, Mtskheta, Rustavi, and Kutaisi (18 interviews in total). Three focus groups were held with private and NGO lawyers in Tbilisi and Kutaisi.

The study aims to identify the issues in regard with the role of judges that legal professionals (judges and lawyers) find important for ensuring fair, impartial and human rights oriented criminal justice system. The study includes the evaluation of the role of judges and discussion of any needed changes in the following areas: administrative offences, adversarial principle in criminal law, termination of the criminal prosecution at the pre-trial stage, plea bargaining, punishment and proportionality of sanctions, the role and status of victims. Apart from the general criminal justice issues, the study is oriented on the two specific crimes: domestic violence and drug related crimes.

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