Operative-Investigative Activity and Juvenile Justice / ოპერატიულ-სამძებრო საქმიანობა და არასრულწლოვანთა მართლმსაჯულება

Anna Chighitashvili


In the current article the legislation of the juvenile justice during the investigation process is discussed, as well as the criminal liability of minors, procedure of administrative misdemeanor committed with the participation of a minor and on the particularities of the criminal procedure, sentence and special rules for other means of law enforcement. The purpose of the juvenile justice code is to protect the best interest of minor during judicial procedures, as well as re-socialization and rehabilitation of a minor being in conflict with the law, the avoidance of the repeated victimization of a minor.

In the modern investigation and prosecution institutions the operative investigation means are used towards minors, in order to create individual report on a minor. The methodology, rules and standards for filing the report are established by the joint decree of the minister of justice, minister of internal affairs, minister of corrections, and from my point of view the office of resource officers of the educational institutions created under the ministry of education and sciences shall join the abovementioned decree, as in the Statute of the office there are proscribed following responsibilities: ensure due response to the occurred or detected offences at the premises of the educational institution or nearby territory, their suppression and transferring information to respective law enforcement agencies (carriage of guns, storage and use of drugs and similar substances, health damage, infringement of rules for the realization of tobacco, small hooliganism and similar acts, which suppress the public order and interferes the study process) according to the rules prescribed in the juvenile justice code. The materials obtained during operative search do not represent the ground for the limitation of the rights and freedoms of a minor. Law enforcement agents must, within their competence, take all necessary measures to protect the best interest of a minor.

And at last, in particular according to the results of the operative searching activity at the preliminary court hearing during the detailed hearing of the case and during the delivery of a decision the judge takes into consideration the high level of probability, that is based on the coinciding and proving evidence that is sufficient for the presupposition of high level in order to render a condemnatory judgment on the criminal case where the minor is involved or where the evidence gives grounds for exculpatory judgment, that would convince an objective person in the innocence of the minor.



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