When a criminal case is heard in court, the court determines whether the charges brought against the accused have been proven. At this stage, particular importance is attached to a comprehensive review of the case materials, assessment of the lawfulness and reliability of the evidence, proper examination of witnesses, and consistent presentation of the defense position.
Avtandil Giorgadze defends accused persons before the court of first instance — from the pretrial hearing until the final judgment — as well as before the Court of Appeals and the Supreme Court.
Presumption of Innocence
To establish the accused person’s guilt, the prosecution must present the court with lawfully obtained, reliable, and mutually consistent evidence proving the person’s guilt beyond a reasonable doubt.
The accused is not required to prove their innocence. The burden of proof rests with the prosecution, and any existing doubt must be resolved in favor of the accused.
Preparing the Case for Trial
Before the trial, the lawyer:
- conducts a detailed review of the criminal case materials;
- assesses the legal and factual grounds for the charges;
- examines whether the evidence was obtained lawfully;
- identifies contradictions between the evidence;
- determines the principal defense position and strategy;
- prepares motions and legal arguments;
- identifies the witnesses to be questioned;
- prepares the defense evidence;
- discusses courtroom conduct and the issue of giving testimony with the accused.
The defense strategy must be prepared individually for each case and must correspond both to the factual circumstances of the case and to the lawful interests of the accused.
Pretrial Hearing
The pretrial hearing addresses procedural issues relevant to the trial on the merits. The court assesses the evidence presented by the parties and determines which evidence will be admitted at trial.
At this stage, the lawyer:
- files a motion to have unlawfully obtained evidence declared inadmissible;
- objects to unsubstantiated or unlawful motions submitted by the prosecution;
- presents the defense evidence;
- assesses whether sufficient grounds exist to refer the case for trial on the merits;
- raises the issue of modifying or revoking the measure of restraint where necessary;
- protects the accused person’s other procedural rights.
Decisions made at the pretrial hearing may significantly determine the scope of the subsequent trial.
Trial on the Merits
During the trial on the merits, the court directly examines the evidence presented by the parties. As a rule, the prosecution’s evidence is examined first, followed by the defense evidence.
The trial includes:
- the parties’ opening statements;
- examination and cross-examination of prosecution witnesses;
- examination of defense witnesses;
- examination of experts and specialists;
- examination of documentary, physical, and electronic evidence;
- consideration of video and audio materials;
- testimony by the accused, if they decide to testify;
- the parties’ closing arguments;
- the accused person’s final statement.
Examination and Cross-Examination of Witnesses
Witness testimony is often one of the important forms of evidence in a criminal case. The lawyer’s task is to examine the reliability and consistency of the testimony and its correspondence with the other case materials.
Cross-examination may reveal:
- contradictions between different statements made by the witness;
- inconsistencies between the testimony and other evidence;
- problems with the perception or recollection of facts;
- the witness’s possible interest or bias;
- information that does not support the prosecution’s version;
- a circumstance relevant to the case that was not properly assessed during the investigation.
The strategy for examining a witness must be prepared in advance with due regard to the case materials and the overall defense strategy.
Testimony of the Accused in Court
The accused has the right to testify or to exercise the right to remain silent. The decision whether to testify must be made after assessing the circumstances of the case, the available evidence, and the potential legal risks.
The lawyer explains to the accused in advance:
- the potential significance of giving testimony;
- the procedure for answering questions from the prosecution and the court;
- the risks associated with cross-examination;
- the legal consequences of exercising the right to remain silent.
Exercising the right to remain silent cannot be regarded as a circumstance proving the accused person’s guilt.
Defense Evidence
The defense has the right to present the court with evidence relevant to the accused person’s position, including:
- witness testimony;
- expert opinions;
- documents and official certificates;
- video and audio recordings;
- electronic information;
- physical evidence;
- other materials contradicting the prosecution’s version.
The lawyer determines which evidence should be presented to the court and how it should be connected to the principal defense position.
Closing Argument
After the examination of evidence has been completed, the lawyer presents the defense’s closing argument to the court. It provides a comprehensive assessment of the evidence examined at trial, weaknesses in the prosecution’s position, legal issues, and the relief requested by the defense.
Depending on the circumstances of the case, the defense may request:
- the acquittal of the accused;
- a change in the legal classification of the charges;
- a finding that individual parts of the charges are unsubstantiated;
- the imposition of a lenient and proportionate sentence;
- another legal outcome provided by law.
What Do the Lawyer’s Court Services Include?
The criminal defense lawyer:
- prepares the case for trial;
- represents the accused person’s interests at every hearing;
- submits motions and legal positions;
- requests that unlawful evidence be declared inadmissible;
- examines prosecution and defense witnesses;
- examines expert opinions and other evidence;
- responds to violations of the accused person’s rights;
- presents opening statements and closing arguments;
- determines the defense strategy in consultation with the accused;
- explains the available appeal options and further legal avenues after the judgment is delivered.