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Lawyer Ketevan Talakvadze Successfully Applied New Decision of the Constitutional Court

Since October 24, 2015, the LAS Mtskheta-Mtianeti Bureau lawyer Ketevan Talakvadze defended the interests of the citizen V.O. under the compulsory defense. 

V.O. who was charged with the article 273 (use of marihuana) and 381 (non-execution or obstructing the execution of sentence or any other court decision) of the Criminal Code of Georgia avoided appearing at the Court. 

After examining the case on merits, on November 7, 2016, Mtskheta District Court found V.O. not guilty and sentenced him one year of restriction of liberty on the basis of part 2 of article 59 of the Criminal Code of Georgia. Besides, his rights envisaged by the Law on Fight against Drug Crime, were suspended for 3 years. 

The verdict of Mtskheta District Court was appealed after the detention of V.O. On the basis of the decision of the Appellate Court dated June 23, 2017, a plea bargaining was reached with V.O. He was defined payment of a fine, one year of the conditional sentence and 2 years of the trial term. The decision of the first instance court regarding restriction of the rights also remained in force. 

As it is known, on November 30, 2017, the Constitutional Court of Georgia found the provision “without doctor’s prescription” of the article 273 of the Criminal Code of Georgia unconstitutional toward the article 16 of the Constitution of Georgia. 
After the use of marihuana was decriminalized the lawyer Ketevan Talakvadze prepared a motion with the demand to re-examine the verdict in this case. Finally, Tbilisi Appellate Court satisfied the motion of the attorney and released V.O. from the criminal liability.