Evidence in Georgian Criminal Cases

Start with the fact that each item is said to prove

A large case file is not necessarily a strong case. List each disputed fact, the evidence relied on for it, the source of that evidence, the person who can authenticate it and the legal route by which it was obtained. Gaps become clearer when the file is mapped by proposition rather than volume.

What counts as evidence

The Criminal Procedure Code defines evidence broadly as information or an item, document, substance or other object submitted in the prescribed manner and used to prove or refute facts. Documents can include written records, photographs, video, sound and other technical recordings. Material evidence is connected to the case through its origin, discovery, characteristics or traces.

Inadmissibility under Article 72

Evidence obtained through a substantial violation of the Code, and evidence lawfully obtained from that material where it worsens the accused’s legal position, may be inadmissible. Article 72 also addresses reasonable doubt that evidence was replaced, materially altered or lost material traces. The court decides admissibility by a reasoned ruling, and inadmissible evidence cannot ground a court decision.

An effective motion identifies the exact act, provision, item and consequence. It should explain how the violation affected acquisition, integrity or use of the evidence and address any independent source asserted by the prosecution.

Documents and digital material

For a document to carry evidential force, its origin and authenticity must be established. For digital material, preserve the original device or source, collection method, timestamps, account ownership, access permissions, metadata, export format, forensic image and hash values where available. A screenshot may show content without proving who controlled the account, whether the conversation is complete or whether the displayed time reflects the relevant system.

Witness testimony

Testimony should be compared with the witness’s opportunity to observe, timing of the first account, changes between statements, possible influence, translation, objective records and any personal interest. A confident account is not automatically accurate. The defence should preserve earlier messages, calls, location data, medical material or video that can test the account independently.

Expert conclusions

An expert conclusion does not decide the legal case. Review the expert’s competence, instructions, source material, method, controls, assumptions, uncertainty and whether the conclusion answers the question actually disputed. The defence may obtain expert assistance and present evidence under the adversarial process.

Evidence-preservation checklist

• Original files, devices, documents and complete message or transaction exports
• Records showing when, where, by whom and under what authority material was obtained
• Search, seizure, inspection, sampling, packaging and chain-of-custody records
• Earlier witness accounts, interview recordings, translations and objections
• Expert instructions, raw data, photographs, laboratory notes and methodology
• A chronology linking each item to the factual proposition it supports or contradicts

Disclosure and defence investigation

Defence preparation should track what has been disclosed, what is referenced but absent, and what independent evidence can lawfully be obtained. Requests should identify the material precisely and explain its relevance. Preserve potentially favourable material before a camera system overwrites it, an account closes or a witness’s recollection changes.

From preliminary hearing to trial

The evidential question changes by stage. Early motions may concern investigative authority or disclosure; the preliminary hearing tests whether the case should proceed and addresses admissibility; trial examines the evidence directly; and an appeal must identify the legal or evaluative error in the judgment. Record objections when the issue arises rather than attempting to reconstruct them later.