CRIME & DIVERSION

In July of 2010, Georgian Criminal Procedure Code was amended and discretionary prosecution was introduced. The new rules made it possible to develop programs, such as Juvenile Diversion Program.

If there is a reasonable suspicion that a juvenile committed a less grave crime and he/she does not have a prior criminal record, the prosecutor may decide to divert the juvenile from criminal prosecution.

When such a decision is made, the prosecutor will contact social worker and pass on the case-file of a juvenile to him/her. The social worker will then formulate a bio-psycho-social portrait of the juvenile determining specific conditions which will have a positive impact on a juvenile and encourage his/her  recovery. The victim of the offence is also invited to participate in a conference with a juvenile which aims to support a dialogue between them. Upon the agreement of all the parties a civil contract is drawn up and signed by the juvenile, his/her parents, prosecutor, social worker and the victim of the crime.  According to the terms of contract, the juvenile will be provided with services that he/she needs and will also be responsible to fulfill certain obligations. The state and various non-governmental organizations will provide assistance to the juvenile.

 The goal of the program is to help the juvenile become an improved citizen of the society. That is why rehabilitation and the social integration of the juvenile is very important.

The social worker will monitor how well the juvenile follows the terms of the contract. If the juvenile does not benefit from this one chance and breaches terms of the contract, the social worker will return the case back to prosecutor. The prosecutor will then have a right to start or resume criminal prosecution against the juvenile. Such a possibility will make the juvenile consider his behavior and bring it into accordance with the contract.  

Juvenile Diversion and Mediation Program was launched in 15th November, 2010. In 19th November first juvenile was diverted. Before august 2013 the program was pilot and covered six cities of Georgia: Tbilisi, Rustavi, Kutaisi, Batumi, Gori and Samtredia, from now on the program covers the whole country.

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STATISTICS Diverted 2323   /   Repeated Crime 60