Paradigms of modern jurisprudence



Dghevandeloba in frequent conversation with the police and judicial authorities in the rule of law and of innocence and cynical prezumptsiis clear violation on the facts. It is hard to find the golden prize of the justice, as the case institutisadmi respect and fair decision-making on the interest.


There is the Criminal Procedure Code, which sets the rules on what methods should be opened and investigated the crime or the state has developed an optimal case around the rules defining reality, ie the method that should be used to accuse someone of. This method is in itself a civilized and evropraktikis achievements with maximum compliance. However, one written in the law, and the second of its performance and / or shesrulebisadmi mood. However, the current period in such a mood gamouvlenoba a clear and obvious, that if people have the current process (living inertsiisadmi) any inappropriate acts committed by the police always trying this action moudzebnos the relevant Article of Criminal Code, and such actions give criminal signs, even if such article in the Code do not exist; or if there is any objective guilt, assessing possible to prove that this is indeed true, and his eye is more difficult to gardakmisa avoids a criminal offense.


Criminal Procedure Code in one - the main purpose of the investigation of crime and the opening of an objective reality, determining the function execution. Is not allowed any, common or primitive methods of crime approval. The person to blame, as well as a justification, such arts, and art needs to guide the Criminal Procedure Code. Since the government took its responsibility to punish a citizen obligation, he itvirta crime mtkitsebisas objective, civilized, and the irreversible commitment to the use of reliable methods. The crime can not be opened in any way. Prohibited person or to accuse the prosecution presented with the procedural rules, without protection, which is the same as pre-Christian era and veluroba in return, not to mention the violation of human rights, etc.


For example, in Gurjaani one - a public institution working in n.m. He blamed employees for stealing credit card and bank account to his withdrawal at ATMs. The police presented n.m. Images of crime during an ATM with standing shots. N.m. Argued that this time it really was an ATM, but their account balance in the amount checked. In spite of Petitions, the ATM amoeghot memory hard disk, where gamochndeboda what was to come with an ATM n.m., these investigators did not want to. In addition, Photo Archives from the ATM potokadrebi obtained illegally, without a judge's order. It outlined the bank's interest is not gakhmaurebuliqo etc. Also not been adequate in terms of expertise decrypt photo. And what is more strange was the victim card once again found itself in the bag. However, despite the victim's controversial screenings, which can not be claimed where the circumstances in which a plastic card could daekarga the court without any assessment n.m. I also found him guilty.


Tbilisi police department g.k. V Was charged k.k. For attempted murder. The victim in the preliminary investigation that utitebda k.k. The three on the front chest wound inflicted, but in reality it back in the area of the wounds inflicted. The experts participating in the case, and trasologebma doctors could not explain what the method is used for research expertise, how reliable they were. Trasologebi utitebdnen that the victim's shirt from the back achnda gamcholi injuries, and the victim and his officials claimed that during the argument on the tans wearing nothing. Examination was conducted so that neither the victim nor his clothes, and blood samples in the case was not attached to it with the expertise of sending clothing puta integrity of the seal several times in violation of an obscure situation.


Today, it is difficult to discuss the professional training of investigators, their knowledge of the legislation - to understand, because in most such cases do not exist. There is only the head of the will and word, which is above the law and allow the head of the law irrelevant, or not itsvalon about it and just use the silence. Also note that the police of such actions is not so strange and unexpected, as qualified lawyers from the inappropriate actions and decisions. I am talking about judges who do not want to hear the rule of law and the principles of innocence prezumptsiis. Shapirispirod, on their part (in particular, to manipulate and obivateluri purposes) actively use the. Sec, and inward faith "principle. Judge Interior recognize faith in everything what he wants and what he is afraid.


Criminal samartlatsarmoeba in doubt prezumptsias actively opposing სამართალმწარმოებლის inner belief category and in this situation, no matter how dubious the evidence established a specific objective character, სამართალმწარმოებლის discretion, and inward faith "is more effective weapons, and goes far too shesadavebeli nothing remains. სამართალმწარმოებელს (judge, investigator) I believe I can not believed, and believed the lawyer and I forbid, could not at first sight sheedavebi. But in this case is the combination of evidence on Jerry midgeba because სამართალმწარმოებლის inner belief is clearly not allowed to be subjective and unjustified. Or a judge, prosecutor or gamomdzieblisa internal evaluation of the unity of faith in the evidence to be formed. In addition, internal faith legal definition does not include the evidence base distribution and imposing logical values of illumination, may be the defense of evidence in 90 percent of metqvelebdes, but the judge the prosecution side of the existing evidence in 10 per cent support and say that quality and value of this 10 per cent more, or that 10 percent of the so naturally and thoroughly to be reflected in a circle surrounding the rest of the 90 per cent of the value daekargos. This is considered to be absolutely shesadzleblada from the fact that due to the exclusive advantage of obtaining the evidence the prosecution side has. The defense side at some point before the beginning of the prosecution evidence is obtained to engage in criticism, and the next stage and submit its findings by independent evidence. Therefore, in this mode, the ordinary human factor is based on that in the beginning, "hot" evidence obtained in more quality to have. Probably 9 out of 10 people at least it will respond. However, such things only happen in life ordinarul, normal relations, the development of free events, natural environment, social cause. Proceedings in the normal, natural relationship between the changes in the sector. Accordingly, crime and violation of abnormal social phenomenon and its expression is also anomaliuri kherkhebitaa available. Although the relationship is still მადეტერმინირებელი general social life, but the administration of justice in the social life of the shejakhebisas, social factors are behind and in front of gadaitsevs mostly political - state program to be launched, which takes სამართალმწარმოებელს the steering wheel. In turn, activate the car's inkvizitsiuri human consciousness in a vague, mysterious and dangerous emotions, and invites him to damtrgunvelad operating psychics. Appreciate the discussion here should not only took the direction that the police and prosecutor's office dartrunvel these effects depend on the method to intimidate people and their desire saburvels akhveven. This is not serious and it would be unreasonable to discuss and, if such still has a place in practice, it is punishable, and units gamonaklisebia and not the total picture of the creator. This issue is more interesting to explain.


The witness, victim, or any other person whose testimony or explanation may be the case with shemkhebloba to be, in many cases such as the context given that he is clearly the investigator, the creative work, "Traces atqvia. Usually the witness must be questioned as an isolated environment, and it does not advance the case to various versions of the investigation or directions, and thus it should not be creating a kind of impressions. However, such a discussion is usagnoa, because in practice it is absolutely impossible to achieve mass. This in itself, shtabechdilebiti influence "a witness at the preliminary investigation at the initial stage is still there. It must come, but the court must also realize that such conditions of witnesses and other persons may not be exclusive explanations of the importance given to the evidence. Such dual-formation conditions ("News" and "shtabechdilebiti effect") should be given the testimony of a witness mtkitsebulebiti relative importance of the quality of Aram and Aram was not created to be a catalyst for სამართალმწარმოებლის inner belief.


Also, attention must be paid to the fact that the Georgian reality, all the witnesses (even if the crime directly shemstsre person) strongly opposes the investigation motsmeobisa, if a particular spot on the presence of other types of data, not determined. The duty of a witness interrogation somewhat zereled face is acquiring and serving such a witness is trying to tell the investigator through say, the investigator set up his show and he fix it in the protocol. Attention to the mood of such a witness does not make his testimony in the record and move konteksturobas word - word meanings. He has to have the time to leave the room and go to the investigator. However, such a witness, outside the "satkmelsa the reserves, I know I do not damitseria testimony, the investigator wrote in his hand and answer the investigator mokitkheto such things I do not mitkvamso etc.


This is a prosecution witness psychology. Such witnesses the prosecution side has a lot of them. So as witnesses, whose testimony or perceived they were not in the actual illumination, but also upon the investigator. Is a specific category of cases, when a person at least one step or word missive is crucial to evaluate the action. The witness was so many things and does not pay attention to, in his case, "the investigator show confide. On its part, the investigator's interest other than the fact that the opening of the case, which the prosecution may damdzimebatsaa or crimes simravlisa and shoulders to fully reflect on, when in many cases an exaggeration - often exceeding that. Turn gamomdziebelia not independent. The whole range of officials and motivated their opinion or decision establishing the time and did not remain.


Briefly put, the judge (the prosecutor, investigator) independence ends there, when he refuses to prezumptsiis standard of innocence - the principle of use.


If you touch a historical analysis, there is public concern about the universal principles of civilized restriction on the reject. A at an early stage, when the states in the prevailing of justice was barbaric elements of tooth-tooth "share" - the principle that the accuser and the defense attempt to prove the person responsible for tanabartsilad crime and innocence. Case is simply standing: imposed was some methods th. Sec ordaliebi (in our period, they can test the call), the crossing in case of a person presumed innocent considered, or-vice versa (eg gavarvarebuli iron piece some distance on the trash and so on. Etc.).


In the Middle Ages, after the world view of Christian morality as a part of the state has become the issue of crime and punishment in the civilized elements of today. Renaissance era began thinking about the nature of human rights and the independence of the judiciary (Hobbes, monteskie). Also on prezumptsia innocence. All of these performances is an ideal eventually accumulate in the Human Rights and Fundamental Freedoms European Convention (1950 sec.).


The idea of justice in terms of the issue has come in the following way: the primary responsibility rests with the accusation of a person found guilty of his innocence and tsnobasa on. In addition, the state inkvizitsiur basics of human rights recognition of the natural limitations of proportional representation has suffered. Ideologically, the burden of proof distributed among the following positions: Prosecutor's Office was assigned to a high degree of probability to prove the crime, a court-probability of a high quality of objective justification for the truth, and the attorney-in objective truth of the doubt that was considered as sufficient. Court verdict should be based on the evidence, and the authenticity of the doubt, as has already been enough for a person to justify. The lawyer did not fully charge the opposite claim, allegation or suspicion of (skepsisis) is enough to make for that person is justified. But it must be real doubt, an objective can be healthy and not imaginary.


Human eternal and supreme judge is God, He is the creator and the human ganmsjeli as well. Court order only in the interests of the public entity is responsible to establish the crime and the innocence of access. However, in the process of the court shebochilia absolute truth, justice and the restoration of Christian dogmas primatulobit and the court that his commitment to it is not the case in any case for a full and get a real picture. Adversarial court by the parties and led to the ganachensa paekrobis result sets. And the fact that an objective picture of the case is still determined to become available, this is valid for the Criminal Procedure Code, ie, the combination of procedural rules, which are provided datsvita and legalized crime will be personality or innocence prezumptsia. Such procedural rules of vulnerability means that the case of the truth process is beyond the judicial limits, passed the official (public) investigation, and he obviously tvitmiznuri, inkvizitsiuri and shurisdziebiti forms (or can it forms called, velurobas not have any form, nor face, with only the content may have) received. The Court of barbaric methods to return.


Despite all of the above, as they say, any situation can be to find a way out, but it has a way out of the price ipoveba.


In the case of effective use of search facilities in the process of major importance in protecting a person against the evidence in skupulozur and systemic examination. Working with the attorney should not lose their ability to professional criticism. Any document to be witnessed face of criticism and no matter how good the contents and forms should not contain any such document or other evidence, if the attorney is not the critic unshakeable sense of betray, they are still being found in any dose of artificial elements, errors in suspicious circumstances. The lawyer should at least try such evidence is hardly ever possible due to force at least, to make the dispute. In this regard the burden attorney, rogorv noted above, it was not hard. Ie the probability to create such evidence satuoobis mtkitsebiti maximum value at 1/2- already sufficient to reduce the criminal case in order to strengthen protection. However, sometimes depend on the legal situation does not pose a lawyer as well as the possibility of legal implementation of the legal terms.


Today's criminal court does not recognize the principle of adversarial parties and in accordance with discussions limited to the primitive. The case also violates the principle of comprehensive research, which most of the defense lawyer and the nerves.

Attorney present legislation has sufficient authority and lack of public support, which in its legislative functions butaporiad make. Unclear if the Criminal Code there are journalistic article, the Public Defender's activities, investigation, judicial impediment to articles, why should there not be an advocate of activities for preventing Punisher standard. However, such an important standard tool to bring added the authority of the attorney and the full implementation of justice in an effective place to obtain directions.


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