The Sufficiency of Evidence to Convict the Person for Committing a Crime of Intolerance Based on Discriminatory Grounds and its Importance in Determining the Sentence
All human beings are born free and equal in dignity and rights. The fight against discrimination is recognized by the Constitution of Georgia – “All persons are equal before the law”, any kind of discrimination is not allowed. This is emphasized in the principles and norms specified in internationa...
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| Format: | Article |
| Language: | deu |
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European University Institute of Law
2022-12-01
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| Series: | სამართალი და მსოფლიო |
| Subjects: | |
| Online Access: | https://lawandworld.ge/PDF/articlesPDF/Volume8_issue4_2022/Nati_Gelovani.pdf |
| Summary: | All human beings are born free and equal in dignity and rights. The fight against discrimination is recognized by the Constitution of Georgia – “All persons are equal before the law”, any kind of discrimination is not allowed. This is emphasized in the principles and norms specified in international conventions and declarations. The obligation to study the discriminatory motive within the framework of the full, comprehensive and objective investigation stipulated by the procedural legis- lation rests with the law enforcement officers, and the court is obliged to administer justice, to make a summary decision based on the evidence. In addition, it must be substantiated. According to the legislation of Georgia, to convict a person is necessary to have a set of evidence that would convince an objective person of the person’s guilt. In the case of a crime motivated by hate, it is additionally necessary to have such indicators – evidence, which is necessary to confirm the existence of the motive. National law, which is in full compliance with international law, requires that the summary judgment passed by the court and the type and extent of the sentence applied must be justified. The court’s verdict should give any person the opportu- nity to get information on what evidence and why the court made this particular decision. In this paper are discussed the indicators of crimes committed with the motive of intolerance based on discrimination and the types of evidence to be obtained based on them, as well as the decisions of the national court and the standards of substantiation of these decisions are studied – on what evidence is the summary decision made and to what extent does the motive of hatred influence the type and size of the relative punishment. |
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| ISSN: | 2346-7916 2587-5043 |