Proposal to the Chief Prosecutor Regarding a Criminal Case against Giorgi Kldiashvili
On December 30, 2014, the Public Defender of Georgia addressed the Chief Prosecutor of Georgia with a proposal to consider the issue of termination of a criminal case against Giorgi Kldiashvili.
On December 12, 2014, on the basis of a decision of a detective-investigator, personal search of Giorgi Kldiashvili, as well as search of his car was conducted. It should be noted that Giorgi Kldiashvili expressed his consent in written form to both personal search and that of his car. During the search of his car firearms was found. The firearm was registered to the owner with a permit to keep issued by the Ministry of Internal Affairs on November 19, 2014.
According to the decision of Tbilisi City Court dated December 14, 2014, Giorgi Kldiashvili was found guilty of illegal carrying of a firearm.
Violation of rules of keeping and transportation of rifle or personal firearm or ammunition by individuals that hold permits issued by the bodies of the Interior Ministry represents an administrative offense in accordance with the article 181 of the Code of Administrative Offenses of Georgia.
According to the appendix of the decree N164 of the Minister of Internal Affairs of Georgia of February 28, 2014 “On approval of the rule on carrying, storage and transportation of a firearm or ammunition that are in one’s possession or usage”, storage and transportation of firearms are conducted based on a special permit which allows a natural or legal person, in case of existence of circumstances determined by the Georgian legislation, to transport a firearm in his/her possession from a place of its storage temporarily to another place for the purpose of bringing it back to the place of its storage.
Girotgi Kldiashvili had a permit to keep a firearm but he did not have a temporary permit for its transportation. Accordingly, in the opinion of the Public Defender, Girogi Kldiashvili has committed an offense envisaged by the article 181 of the Code of Administrative Offenses of Georgia and not a criminal act stipulated in the Criminal Code of Georgia – illegal carrying of a firearm.
The Public Defender of Georgia believes that Giorgi Kldiashvili’s actions do not imply an action envisaged by the Criminal Code and this should become a ground for discussion and reaching a decision defined by the law by the Chief Prosecutor.