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LEGAL AID IN CASES ENTAILING ADMINISTRATIVE ARREST

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LEGAL AID IN CASES ENTAILING ADMINISTRATIVE ARREST

One of the important functions of the Legal Aid Service is the legal protection of the persons in administrative imprisonment.

Legal Aid Service offers free legal consultations to the persons on cases of administrative imprisonment for the protection of their rights. They can obtain face to face as well as telephone/online consultations. Legal Aid Service provides free legal representation on administrative violation cases if the law envisages administrative imprisonment as one of the possible sanctions, insolvent client is asking for the appointment of the lawyer and privately retained counsel is not participating in the case.

Person charged with administrative offence has the right to:

  • Inspect case files;
  • Provide clarification;
  • Present evidence;
  • File motions;
  • Be represented  by the lawyer in the course of the examination of the case;
  • Participate in the court session in native language and if she/he is not familiar with the language of the proceedings, apply the services of the interpreter;
  • Lodge a complaint against the decision adopted in the case.

Administrative violation’s case shall be heard in presence of the person charged. The case may be heard in defendant’s absence only if the defendant was duly notified about the place and time of the hearing, though he/she did not ask for the adjournment.

Administrative imprisonment may not exceed 15 days. It may not be applied to pregnant women, mothers with children up to 12 years, persons under 18, persons with disability of first or second grade.

Administrative imprisonment may be used for violations, such as petty hooliganism, removal or modification of benchmark or sea line; failure to comply with requirements and duties stipulated by restraining or protective order.

 


Legal Acts

  • Constitution of Georgia.
  • European Convention on Human Rights and Freedoms
  • International Covenant on Civil and Political Rights
  • International Covenant on Economic, Social and Cultural Rights
  • Administrative Violations Code of Georgia
  • Law of Georgia on Legal Aid
  • Law of Georgia on the Bar
  • Government Decree N. 424 on the “Approval of the Procedure for the Determination of Insolvency of the Person”
  • Decision N. 20 of the Legal Aid Board on the Approval of the Regulation of Lega Aid
  • Decision of the Legal Aid Board N. 27 on the “Approval of Criteria for Legal Aid as stipulated under Art. 5 (3) of the Law on Legal Aid”
  • Code of Professional Ethics of Lawyers

 


Scope of Service

In the course of conducting defense on civil and/or administrative cases, the lawyer of Legal Aid Service, as the rule conducts following actions:

  • Reviews the information and case materials.
  • Meets with the client and provides legal advice.
  • Analyzes the information related to the case, ensures the collection of evidence and submission with the court for the purpose of successful conduct of the case.
  • Represents the client in court.
  • Drafts legal documents related to the case – motions, claims, counterclaims, motions complaints, applications.
  • Informs the client an in case of necessity his/her legal representative on the course of conduct of the case.

 


Terms of Use of the Service

 

 
LEGAL CONSULTATION
DRAFTING OF LEGAL DOCUMENTS
LEGAL AID IN CRIMINAL PROCEEDINGS
AID OF JUVENILES
DOMESTIC VIOLENCE
VIOLENCE AGAINST WOMEN
LEGAL AID IN FAMILY DISPUTES
INHERITANCE
LEGAL AID FOR IDPs
LEGAL AID IN SOCIAL PROTECTION ISSUES
PENSION ISSUES
LEGAL AID FOR PERSONS SEEKING A STATUS OF “BENEFICIARY OF SUPPORT”
LEGAL AID IN CASES RELATED TO PATIENTS’ RIGHTS
LEGAL AID FOR VETERANS
LEGAL AID IN CASES OF INVOLUNTARY PSYCHIATRIC TREATMENT
LEGAL AID IN CASES OF DISCIPLINARY PROCEEDINGS AGAINST PRISONERS
LEGAL AID FOR ASYLUM SEEKERS
LEGAL AID IN CASES RELATED TO SOCIAL RIGHTS OF FORMER CIVIL SERVANTS AND SCIENTIST
LEGAL AID FOR FAMILIES OF THE SERVICEMEN DEAD OR LOST DURING THE MILITARY OPERATIONS
LEGAL AID IN CASES OF INVOLUNTARY ISOLATION OF THE DISEASED PERSONS
LEGAL AID IN CASES RELATED TO SOCIAL RIGHTS OF VICTIMS OF POLITICAL REPRESSIONS
LEGAL AID IN CASES RELATED TO SOCIAL RIGHTS OF PERSONS WITH DISABILITIES