The Public Defender appealed to the Parliament of Georgia regarding the amendment to the Law on Public Security Management Center 112

The Public Defender applied to the Parliament of Georgia to release the witness, the victim, the accused, the convicted and the acquitted from the obligation to reimburse the expenses of the vehicle obtained/removed by the investigation.

The Office of the Public Defender of Georgia disseminates information about this.

According to their reports, the Public Defender believes that an amendment-addition should be included in the law of Georgia "On Public Security Management Center "112", a legal entity under public law of the Ministry of Internal Affairs of Georgia".

As mentioned in the information, the Office of the Public Defender revealed inconsistencies in the normative acts of equal force (the provisions of the Criminal Procedure Code of Georgia and the provisions of the Law of Georgia "About Public Security Management Center "112" of the Public Law Legal Entity of the Ministry of Internal Affairs of Georgia).

"On the one hand - according to the Code of Criminal Procedure, the obligation to preserve the evidence obtained by the investigation rests with the state, as the subject responsible for the investigation and the execution of justice; On the other hand, according to the Law of Georgia "About Public Security Management Center "112" of the Ministry of Internal Affairs of Georgia, the legal entity of public law, the owner and the legal owner were ordered to pay the cost of keeping the vehicle taken to the parking lot by the investigation in the framework of criminal proceedings, regardless of their status in the proceedings. .

The owner/legal owner of the seized vehicle is objectively restricted from the right of ownership based on the legitimate interest of the investigation, however, additionally, charging the owner/legal owner of the costs of its storage at the parking lot, when the removal of this vehicle and its delay in the secured parking lot for the appropriate period of time is entirely in the interest of the investigation, causes unjustified material damage to him and contradicts the rule of distribution of procedural costs established by the Criminal Procedure Code of Georgia.

Accordingly, on March 11, 2024, in order to ensure the protection of property rights, the Public Defender submitted a proposal to the Parliament of Georgia, so that the participants in the process (witness, victim, accused, convicted and acquitted) should not be charged with the costs of the vehicle obtained/removed by the prosecution", - it is noted in the information. .