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მოსამართლის უფლებამოსილება შეჯიბრებით სისხლის სამართლის პროცესში
Date Issued
2020
Author(s)
Advisor(s)
Institution
Publisher
Abstract
The purpose of criminal proceedings is to administer justice, which is achieved by the parties to the proceedings. However, in order to achieve the goal, it is necessary for the participants in the process to be given the rights and obligations that will help to complete the process fairly and legally.
The paper "Judicial Powers in Competition in Criminal Proceedings" will discuss the rights and obligations of criminal judges in Georgia, as well as the rights and obligations of other participants in the process.
It is very important that criminal law is formulated in such a way that all participants in the process are given the right to participate in a fair decision.
Under the current Code of Criminal Procedure, the powers of a judge are limited, so that one of the parties to the proceedings may benefit and use it to their advantage, which means that justice may not be served during the trial because the judge cannot otherwise act.
According to the current CCP, the judge acts as an arbitrator, which is somewhat justified, but it is very important to cross the line so that the extension of the judge's rights on the one hand does not violate the principle of competition and equality. And by reduction, there is no danger of making a fair decision.
The function of a judge serving the administration of justice should not be limited, and all this should be justified by the fact that the parties use the principle of competition and they themselves decide what the outcome will be, whether it is desirable (positive) or undesirable for them.
Therefore, the violation of this principle of the CCP can not be considered as an exception to the judge's interference in the trial (which, of course, must be substantiated by the judge) and the elimination of existing inequality, which in turn serves the principle of equality.
The paper "Judicial Powers in Competition in Criminal Proceedings" will discuss the rights and obligations of criminal judges in Georgia, as well as the rights and obligations of other participants in the process.
It is very important that criminal law is formulated in such a way that all participants in the process are given the right to participate in a fair decision.
Under the current Code of Criminal Procedure, the powers of a judge are limited, so that one of the parties to the proceedings may benefit and use it to their advantage, which means that justice may not be served during the trial because the judge cannot otherwise act.
According to the current CCP, the judge acts as an arbitrator, which is somewhat justified, but it is very important to cross the line so that the extension of the judge's rights on the one hand does not violate the principle of competition and equality. And by reduction, there is no danger of making a fair decision.
The function of a judge serving the administration of justice should not be limited, and all this should be justified by the fact that the parties use the principle of competition and they themselves decide what the outcome will be, whether it is desirable (positive) or undesirable for them.
Therefore, the violation of this principle of the CCP can not be considered as an exception to the judge's interference in the trial (which, of course, must be substantiated by the judge) and the elimination of existing inequality, which in turn serves the principle of equality.
Degree Name
Master of Law
Degree Discipline
სამართლის სამაგისტრო პროგრამა
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Teimuraz Koblishvili Samagistro.pdf
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მოსამართლის უფლებამოსილება შეჯიბრებით სისხლის სამართლის პროცესში
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661.73 KB
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