The legal mechanism for the re-use of diversion in criminal procedure legislation


  • Ioseb Khutsishvili Davit Agmashenebeli St. Georgia University


Repeated Diversion, Legislative Gap


The Criminal Procedure Code of Georgia does not prohibit repeated use of diversion against an adult. We consider that the mentioned issue presents legislative gap. It is inadmissible for an adult defendant to have more advantage in using an alternative measure of punishment than a juvenile defendant. According to the Juvenile Justice Code, if a person has been diverted in the past, it is not possible to divert him or her again. The article discusses the above issues and proposes a package of legislative changes which we believe will contribute to the improvement and liberalization of legislation in this regard.