Print   

LAW OF GEORGIA ON THE PROCEDURE OF EXECUTION OF NON-IMPRISONMENT SENTENCES AND PROBATION

Chapter I

General Provisions

Article 1. Scope of application

Execution rules established in this Law shall apply to a court sentencing decision, appeals decision and resolution (hereinafter referred to as "act of court") on:

a) imposing a fine as a sentence;

b) deprivation of the right to occupy a position or carry out an activity as a sentence;v

c) imposing work for the public good as a sentence;

d) imposing correctional work as a sentence;

e) conditional conviction as a sentence;

f) parole;

g) adjourning the serving of a sentence.

Article 2. Execution body

Acts of court defined in Article 1 of this Law shall be forwarded to the execution bureaus – territorial units of the Ministry of Justice of Georgia and Ministries of Justice of Abkhazian and Adjarian Autonomous Republics (hereinafter referred to as "execution bureaus") according to the place of residence of the convict in question.

Article 3. Registration, assignment and control over the execution of acts of court

1. Head of an execution bureau shall register an executable act of court in a special register and indicate the following data:

a) Registration number of the act of court;

b) Date of registration of the act of court in the execution bureau;

c) Title of the court that passed the act in question and the date when the act entered into force;

d) Summary of the resolution part of the act of court;

e) Data on the convicted person (fist name, last name, date and place of birth, place of residence, marital status, working place or educational institution);

f) Article(s) of the Criminal Code on the basis of which the act of court has been passed;

g) Court executive who has been assigned to execute the act of court and his/her signature;

h) Data on applications submitted by the execution bureau to the court;

i) Date of end of execution proceedings.

2. Head of an execution bureau shall forward the act of court to a court executive according to the place of residence and territorial scope of the execution bureau for execution.

3. Head of an execution bureau shall supervise the execution of acts of court.

Article 4. Interpretation of the executable act of court and notification of execution

1. If the text of executable act of court is ambiguous or contains any inaccuracy, head of an executive bureau shall request the appropriate court to clarify the ambiguous or inaccurate part of the act.

2. Head of an executive bureau notifies the court in written of starting the execution process of the executable act of court.

3. If a convicted person does not live in a place indicated in the act of court, head of an execution bureau attaches a document certifying this circumstance to the act of court and forwards it to appropriate court to announce search for the convict.

Article 5. Beginning of execution and execution proceedings

1. Upon formally receiving an act of court, a court executive summons the convict and informs him/her about obligations imposed by court (including the obligation to notify the execution bureau of any change of address by the convict) and draws up a protocol thereon.

2. For each executable act of court received, a separate execution case file shall be opened the number of which shall correspond to the number of registration of the act in the execution body register.

3. An execution case file shall include the following documents:

a) an executable act of court;

b) a photo of and data on the convict entered into the execution bureau register;

c) protocols on measures taken by a court executive;

d) copies of notifications sent to the court;

e) an explanatory letter to the head of the execution bureau on appropriateness to address the court with an application;

f) copies of applications submitted by head of execution bureau to the court

g) Other documents produced in the course of execution proceedings.

Article 6. Protocol

1. In carrying out execution measures, a court executive shall draw up a relevant protocol that shall include:

a) Place and date of drawing up the protocol;

b) Title of the act of court which is being executed;

c) First name and last name of the court executive who has drawn up the protocol;

d) Data on person attending the process of drawing up the protocol.

2. Correctness of the protocol shall be verified with the signatures of the court executive, the convict and witnesses attending the execution measures and a seal of the court executive.

 

Article 7. Explanatory letter of a court executive

If a court executive deems that there is a sufficient ground to address the court with an application, he/she writes an explanatory letter to the head of executive bureau mentioning:

a) Number of the execution case file;

b) Act of court being executed;

c) Summary of executive measures carried out;

d) Information on non-compliance by the convict with obligations imposed by the court (if any);

e) Personal opinion of the court executive on why the application to the court is appropriate;

f) Signature and seal of the court executive and the date of submission of the explanatory letter.

Article 8. Types of applications submitted by head of an executive bureau

In cases prescribed by law, head of an executive bureau addresses the court with one of the following types of application on:

a) replacing the fine sentence imposed on the convict with another type of sentence;

b) replacing the working for the public good with another type of sentence;

c) replacing the correctional work with another type of sentence;

d) full or partly abrogation of an obligation imposed by the court on a conditionally convicted person or imposing a new obligation;

e) canceling the conditional conviction;

f) extending the probation period for not more than one year because the convict was imposed an administrative punishment;

g) canceling the conditional conviction and executing the sentence prescribed by the sentencing court decision;

h) abolishing the parole and execution of the not-served part of the sentence;

i) canceling the adjournment of serving a sentence and sending the convict to serve the sentence at a place indicated in the sentencing court decision.

Article 9. Application

1. An application addressed by head of an executive bureau to the court shall include:

a) Title of act of court in the execution of which it has become necessary to address the court with an application;

b) Data on the convict and description of obligations imposed on him/her by the court;

c) Data on the convict’s behavior and the reason for addressing the court with an application;

d) Text of application.

2. The application shall be signed and verified with an execution bureau seal by the head of an execution bureau.

3. The application shall be accompanied with evidence supporting facts indicated in the application.

 

Article 10. End of execution proceedings

1. Where a fine is imposed as a sentence, execution proceedings shall end:

a) upon full payment of the fine;

b) if the court replaces the fine with another sentence.

2. Where deprivation of the right to occupy a position or carry out an activity is imposed, execution proceedings shall end upon expiration of term established by court during which the convict was deprived of the right to occupy a certain position or carry out a certain activity;

3. Where the work for public good is imposed as a sentence, execution proceedings shall end:

 

a) upon fully serving the sentence;

b) if the work for public good is replaced with another sentence.

4. Where correctional work is imposed as a sentence, execution proceedings shall end:

 

a) upon fully serving the sentence;

b) if the correctional work is replaced with another sentence.

5. Where a conditional conviction is passed, execution proceedings shall end:

 

a) upon expiration of the probation term determined by court;

b) upon cancellation of conditional conviction and termination of criminal record;

c) if a new court act is passed canceling the conditional conviction and ordering execution of a sentence prescribed in the sentencing court decision.

6. In case of parole, execution proceedings shall end:

 

a) upon expiration of a not-served part of the sentence;

b) if a new act of court is passed canceling the parole and ordering execution of a not-served part of the sentence.

7. If serving of a sentence is adjourned in relation to a pregnant woman or a woman who has a child under the age of five, execution proceedings shall end:

 

a) upon expiration of the term during which the court adjourned execution of the sentence;

b) if a new act of court is passed canceling the adjournment of serving a sentence and sending the convict to serve the sentence at a place indicated in the sentencing court decision.

8. In circumstances defined in paragraph 7(a) of this Article, a court executive shall notify the court of expiration of the term of adjourning the sentence.

9. Execution proceedings shall end if executable valid act of court is abolished or in case of death of the convict.

10. Upon completion of execution proceedings, the execution case file shall be kept in records in accordance with rules established by law.

 

Article 11. Official supervision over execution of acts of court and information on the progress of execution proceedings

1. Execution Departments of the Ministry of Justice of Georgia and Ministries of Justice of Abkhazian and Adjarian Autonomous Republics shall exercise official supervision over execution of acts of court in accordance with established rules.

2. Head of execution bureau shall, periodically or at a request, submit to the Execution Department statistical information and a report on the progress of execution proceedings. Sample forms of statistical reports are approved by Chairman of the Execution Department.

Article 12. Appeal against actions of a court executive

A convict has the right to appeal to the court against actions of a court executive relating to execution of acts of court referred to in this Law.

Chapter II

Rules of execution of acts of court on fining, deprivation of the right to occupy a position or carry out an activity, and imposing work for the public good or correctional work

Article 13. Execution of an act of court on imposing a fine as a sentence

1. A court executive notifies a convict in accordance with rules prescribed in Article 5(1) of this Law that he/she is obliged to voluntarily pay the imposed fine within 30 days.

2. If the fine is not paid voluntarily within the established term, a court executive will ensure forced payment of the fine pursuant to rules specified in the Law on Execution Proceedings.

3. If payment is impossible, head of an execution bureau addresses the court with an application requesting to replace the sentence imposed on the convict.

Article 14. Deprivation of the right to occupy a position or carry out an activity

1. In executing a an act of court on deprivation of the right to occupy a position or carry out an activity, a court executive enters a relevant note in the convict’s employment record book with an indication to the term of sentence.

2. A court executive periodically checks performance by the convict of obligations imposed on him/her.

3. If a court executive ascertains that the convict occupies a position or carries out an activity the right of which he/she is deprived of by an act of court, the executive applies to the employer to dismiss the convict or to forbid the activity referred to in the act of court.

4. Notification by a court executive sent to the employer shall include a warning on criminal liability for refusing to comply with or hindering the execution of the act of court.

5. Should the employer fail to dismiss the convict or replace the prohibited activity within a week of receipt of notification from a court executive, materials required to bring a criminal action against the employer will be sent to a prosecutor.

Article 15. Execution of an act of court on imposing work for public good

1. When receiving an act of court on imposing work for public good for execution, a court executive sends a notification to appropriate local governance or self-governance body requesting to determine type and place of work for public good to be performed by the convict. The notification shall include an exact term of such work and its daily duration as specified in the Criminal Code.

2. Work for public good may be performed by a convict at any time of day taking account of his/her free time.

3. Within one month of receipt of the court executive’s notification, the local governance or self-governance body shall notify the court executive of the type, duration and place of work for public good. The notification shall also include title and address of the employer.

4. If duration of the work offered by a local governance or self-governance body is less than a term of work imposed by court, the local governance or self-governance body shall determine a new workplace before expiration of the compulsory term and notify the court executive thereof.

5. A convict may, where circumstances so allow, perform the work for public good on day-offs.

6. Hours spent by a convict performing the work for public good and amount of work done shall be recorded by the employer. A court executive shall periodically check accuracy of the work records and enter the data into a protocol.

7. If the convict refuses to perform or obstinately evades performing work for public good, head of execution bureau submits, pursuant to rules established in this Law, an application to the court on replacing the work for public good with another sentence.

Article 16. Execution of an act of court imposing correctional work

1. Upon receiving an act of court on imposing correctional work or if a convict has changed his/her workplace, a court executive will send to the employer a request to subtract an amount according to the percentage determined by court from the convict’s salary in favor of the state budget.

2. The request sent to the employer shall include a warning on criminal liability for refusing to comply with or hindering the execution of the act of court.

3. A court executive shall check accuracy of subtraction from the convict’s salary by the employer in favor of the state budget; if there are sufficient grounds to bring a criminal action against the employer, required materials will be sent to a prosecutor.

4. If in the period of serving his/her sentence, the convict has been dismissed by the employer at the latter’s initiative, a court executive applies to appropriate employment agency with a request to provide the convict with a workplace. As soon as a job is offered, the convict will be immediately notified thereof.

5. If the convict refuses to perform or obstinately evades performing the correctional work, head of execution bureau submits, pursuant to rules established in this Law, an application to the court on replacing the work for public good with another sentence.

Chapter III

Rules of execution of an act of court on applying probation measures to a convict (conditional conviction, conditional release from sentence before due, adjournment of serving the sentence)

Article 17. Powers of a court executive and a penitentiary system social service agent in executing an act of court on applying probation measures

1. In executing an act of court specified in paragraphs (e) to (g) of Article 1 of this Law, a court executive:

a) exercises control over compliance by a convict with obligations imposed by court;

b) exercises control over the convict’s behavior and assists him/her as may be required;

c) applies educational measures in relation to the convict;

d) assists, to the extent possible, a convict in finding a job

e) takes other measures as may facilitate re-socialization of the convict; to this end, when necessary, the court executive may cooperate with local governance and self-governance bodies, other governmental and non-governmental bodies, institutions and organizations.

2. In exercising control over the convict’s behavior, a court executive may:

 

a) summon the convict and receive explanation from him/her;

b) receive information on the convict’s behavior from his/her relatives, acquaintances, workplace and educational institution.

3. Measures specified in paragraphs (c) to (e) of this Article may be employed also by a social service agent of the penitentiary system assigned to an execution bureau. A person with the highest education in sociology, psychology, and pedagogy may, as a rule, be appointed to the position of a social agent of the penitentiary system.

 

Article 18. Change of place of residence by a convict

1. If a court by its act obliges a convict not to change his/her place of residence without prior permission of an execution body, head of an execution bureau shall consider and take a decision on a convict’s application on the change of his/her residence.

2. Decision of the head of execution body on permitting the applicant convict to change his/her residence will be sent to the convict in written within two weeks of the date of receipt of application.

3. If a court did not imposed an obligation mentioned in paragraph 1 of this Article on a convict, the latter shall notify a controlling body one month prior to changing his/her residence.

4. If a convict changes residence, his/her execution case file will be sent to an execution body according to a territorial jurisdiction by a new residence and appropriate data will be entered in the execution register.

Article 19. Giving a warning to a convict in relation to whom sentence execution has been adjourned

If a convict who the court adjourned serving sentence refuses or evades bringing up his/her child, a court executive gives him/her a written warning on possible outcomes of such behavior and draws up a protocol thereon.

Article 20. Reporting to the court

1. A court executive reports to the court all facts of failure by a convict to comply with an obligation imposed by the court.

2. A report shall include:

a) Date of sending a report;

b) Title of an act of court imposing an obligation upon a convict;

c) Description of obligation imposed on a convict;

d) Description of the convict’s behavior of not performing the obligation and evidence of such behavior;v

e) Signature and seal of the court executive.

Article 21. Obstinate or systematic failure by a convict to perform an obligation imposed by an act of court

1. Obstinate failure by a convict to perform an obligation imposed on him/her by an act of court means manifest disobedience with a lawful request of a court executive or a refusal to perform the imposed obligation.

2. Systematic failure by a convict to perform an obligation imposed on him/her by an act of court means non-performance of the obligation at least for three times.

Chapter IV

Transitional and Concluding Provisions

Article 22. Execution of acts of court passed before entry into force of this Law

1. Acts of court passed before the entry into force of this Law shall be executed pursuant to rules established in this Law.

2. Within two months of the entry into force of this Law, Ministry of Interior and Ministry of Justice shall forward acts of court kept by departments of the Ministry of Interior to execution bureaus for execution.

3. Order of Minister of Justice as of May 24, 2000 on the "Exercise of functions by the Probation Service and approval of the ‘temporary procedure for the execution of acts of court on conditional conviction, parole and adjournment of serving a sentence’".

Article 23. Entry into force of the Law

This Law shall enter into force upon publication.

President of Georgia

Eduard Shevardnadze

Tbilisi

June 19, 2001