The document and status control the next move
Criminal defence is performed by a lawyer entitled to practise and participate under Georgian law, not merely by a representative holding a civil power of attorney.
Is counsel properly authorised for the criminal proceeding, free from conflict and able to perform the defence function at this stage?
A label used in a call or conversation cannot replace the formal record, the person's status and the legal basis for the action.
Build the procedural record
Bar status, the client instruction and statutory defence-authorisation document, conflict checks and the procedural record of admission.
Confirm counsel's practising status and formalise the defence mandate before an interview, hearing or access request.
Who may act as criminal defence counsel?
A person is not entitled to conduct criminal defence merely because they have a law degree, work for a law firm or describe themselves as a legal consultant. The defender must be a practising lawyer whose Georgian professional entitlement covers criminal work and who is properly admitted to the particular case.
Active Georgian Bar status
The defender must be entitled to practise as a lawyer in Georgia and must not have suspended or terminated membership.
Criminal-practice entitlement
The professional qualification must cover criminal practice—typically a general qualification or criminal-law specialisation.
Correct case admission
The defence lawyer presents the professional certificate and appointment order before participating in the criminal case.
Independent professional duty
Counsel must use lawful means in the accused's interests, respect instructions and confidentiality, and remain professionally independent.
Georgia recognises general and speciality-based qualification examinations, with civil-law and criminal-law specialisations. General qualification covers criminal law and procedure; a lawyer whose entitlement is limited to the civil speciality does not thereby gain the right to act as defence counsel in a criminal case. The general right of lawyers to participate in administrative or constitutional proceedings does not change this limitation.
Agreement, order and professional certificate
Legal-services agreement
The client and lawyer regulate scope, fees, confidentiality, instructions and other engagement terms by agreement.
Appointment order — orderi
The lawyer's formal appointment order identifies the professional mandate. The Criminal Procedure Code requires it for admission as defence counsel.
Professional certificate
The lawyer also presents the certificate evidencing the current right to practise; active status and specialisation should be verified.
Not normally the criminal-defence admission instrument
The Law on Lawyers refers broadly to a power of attorney or an order in investigative bodies and courts, while the Criminal Procedure Code specifically requires the defence lawyer's appointment order and certificate. A power of attorney may still be needed for separate civil, administrative, registry or other acts outside the procedural defence function.
Who may hire the lawyer?
The accused may select and hire counsel. In accordance with the accused's will, a close relative or another person may arrange the engagement. An investigator, prosecutor or judge may not recommend a particular defence lawyer. The accused may replace counsel, subject to rules preventing obstruction or delay.
Who cannot replace admitted defence counsel?
- A civil-only lawyer without criminal-practice entitlement
- A suspended or former Bar member
- A legal consultant, company employee, paralegal or translator
- Foreign counsel not independently entitled to practise Georgian criminal defence
- A consular officer or embassy representative
- An expert, auditor or investigator assisting with evidence
Those professionals may assist within their proper roles. They do not acquire the procedural powers, confidentiality position or responsibilities of admitted defence counsel. The lawyer's active status and stated specialisation should be checked in the Georgian Bar Association members registry.
Defence counsel is mandatory in specified cases, including where the accused is a minor, has no command of the proceedings language, faces certain psychiatric-examination or life-imprisonment issues, negotiates a plea bargain, faces a jury trial or falls within another statutory category. State-funded counsel is available in the circumstances defined by the Code.
Primary sources for this guide
Before acting, compare this guide with the current Georgian text and the exact document served in the case. The official English translation may not include the latest amendment.
Criminal Procedure Code of Georgia↗︎Law of Georgia on Lawyers↗︎Georgian Bar Association Members Registry↗︎