მხარეთა თანასწორობა და შეჯიბრებითობა მტკიცებულებათა მოპოვებისას სისხლის სამართლის პროცესში

In the present thesis, it will be discussed the concept of the principles of equality and adversity of arms while obtaining evidences in Criminal Procedure. The constitutionality of the principles of equality and adversity will be reviewed in detailed, also, it will be discussed its impact on the process of evidence procuring.
It is important to be noticed that the evidence obtained based on the violation of the principles of equality and adversity of arms or encumbrance to act for obtaining evidences is the fact of violated constitutional principles and an unreasonable interference in National and International Laws.
It is vital to be noted that both arms need to be provided with equal rights to obtain evidences, especially when the national court makes a sentence, to be avoid an unlawfull conviction. Besides, providing them with equal rights formally is not an only way out. The rights to get all the evidences together for and against conviction, exchange them with another party, take part in the process of procuring evidences and, also, what’s more important, to protect the rules established by law in force, is the main and valued principle of the whole fair trial.
The Constitutional Court of Georgia has an outstanding role in this discussion, because on the based of its decisions, some articles of the Georgian Code of Criminal Procedure were declared unconstitutional. They will furthermore be discussed in detailed below in the topic.