Constitutional Court Declares Norms Disputed by Public Defender as Unconstitutional and Void

December 24, 2016

The Constitutional Court has declared the normative content of the norms disputed by the Public Defender as void and unconstitutional. In particular, the Public Defender demands declaration of prison sanctions envisaged in Article 273 of the Criminal Code of Georgia and Article 45 of the Code of Administrative Offenses as unconstitutional in relation to paragraphs 1 and 2 of Article 17 of the Constitution of Georgia.

Use of small amount of drugs, as well as purchase, retention and production of drugs for personal usage, is punished by deprivation of liberty, which according to the Public Defender, is irrelevant, too strict and degrading punishment.

The Constitutional Court found that the norms referring to the use of a small amount of marijuana, as well as its purchase, retention and production, was a repetition of the content of the norm that had already been declared as unconstitutional by the Constitutional Court. The Court declared this part of the norm as unconstitutional under the simplified procedure.

The Constitutional Court accepted for consideration the claim on the content of the disputed norms, according to which, the use of a small amount of other drugs, as well as their purchase, retention and production for personal usage.