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CONSTITUTION OF GEORGIA

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Article 18
1. Human liberty shall be inviolable.
2. Imprisonment or other restrictions of personal liberty shall be inadmissible without a court
decision.
3. A specially authorised official may arrest a person in the cases provided for by law. A detainee or a
person whose liberty has been otherwise restricted shall be brought before a court of competent
jurisdiction not later than 48 hours. If the court does not adjudicate upon detention or any other
kind of liberty restriction within the following 24 hours, the person shall be released forthwith.
4. (Deleted – 27.12.2006, No 4137).
5. An arrestee or a detainee shall be made aware of his/her rights and the grounds for liberty
restriction upon his/her arrest or detention. An arrestee or a detainee may request the assistance of
an advocate upon his/her arrest or detention and the request shall be satisfied.
6. Pre-trial detention period shall not exceed nine months.
7. Violation of the provisions of this article shall be punishable by law. A person arrested or detained
unlawfully shall have the right to compensation.
Constitutional Law of Georgia No 4137 of 27 December 2006 - LHG I, No 3, 11.1.2007, Art. 48
Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

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Article 40
1. An individual shall be presumed innocent until found guilty as provided for by law and by a final
court judgement of conviction.
2. No one shall be obliged to prove his/her innocence. Burden of proof shall rest with the
prosecutor.
3. A decision to commit an accused for trial, bill of indictment, and judgement of conviction shall be
based only on incontrovertible evidence. Any suspicion that cannot be proved as provided for by law
shall be solved in favour of the accused.

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Article 42
1. Everyone shall have the right to apply to the court for protection of his/her rights and freedoms.
2. Everyone shall be tried only by the court that has jurisdiction over the particular case.
3. The right to a defence shall be guaranteed.
4. No one shall be tried twice for the same offence.
5. No one shall be held responsible for an action that did not constitute an offence at the time it was
committed. No law shall have retroactive force unless it reduces or abrogates responsibility.
6. An accused shall have the right to request attendance and examination of witnesses on his/her
behalf under the same conditions as the prosecution witnesses.
7. Evidence obtained unlawfully shall have no legal force.
8. No one shall be obliged to testify against themselves or against their familiars that are determined
by law.
9. Any person, who has illegally sustained damage inflicted by the State, Autonomous Republics, or
self-government bodies and officials, shall be guaranteed by the court to receive full compensation
accordingly from the funds of the State, Autonomous Republic, and local self-government.
Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

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Article 84
1. A judge shall be independent in his/her activity and shall comply with the Constitution and law
only. Any pressure upon a judge or any interference in his/her activity in order to influence his/her
decision making shall be prohibited and punishable by law.
2. A judge may be removed from consideration of a case or dismissed from office early or moved to
another position only in the cases defined by law.
3. No one shall have the right to claim a report of any particular case from a judge.
4. All acts restricting the independence of any judge shall be null and void.
5. Only a court may quash, change, or suspend a court decision as determined by law.


Article 85
1. A court shall consider a case at an open hearing. Consideration of cases at a closed hearing shall
be permitted only in the cases provided for by law. A court decision shall be published.
2. Legal proceedings shall be conducted in the official language. An individual not having a command
of the official language shall be provided with an interpreter service. Teaching of the official
language and solution of the issues related to legal proceedings shall be guaranteed in the regions
where the population does not have a command of the official language.
3. Legal proceedings shall be conducted on the basis of equality and competition of parties.

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