The Public Defender applied to the Parliament of Georgia to exempt witnesses, victims, defendants, convicted and acquitted persons from the obligation to pay for the expenses of the vehicles obtained/seized by the investigation. The Public Defender believes that an amendment-addition should be made to the Law of Georgia on the Legal Entity under Public Law – the Public Safety Management Centre 112.

The Public Defender’s Office revealed inconsistency in the normative acts of equal force (the provisions of the Law of Georgia on the Legal Entity under Public Law – the Public Safety Management Centre 112 and the Criminal Procedure Code of Georgia).

On the one hand - according to the Criminal Procedure Code, the obligation to preserve the evidence obtained by the investigation rests with the State, as an entity responsible for the investigation and administration of justice; On the other hand, according to the Law of Georgia on the Legal Entity under Public Law – the Public Safety Management Centre 112, the owner and the legal owner have to pay for the expenses of keeping the vehicle transferred by the investigation to the impound lot within the framework of criminal proceedings, regardless of their status in the proceedings.

The owner/legal owner of the seized vehicle is objectively restricted from the right of ownership based on the legitimate interest of the investigation, however, additionally, charging the owner/legal owner of the costs of its storage at the impound lot, when the seizure of this vehicle and its delay at the secured impound lot for the appropriate period of time are entirely in the interest of the investigation, causes unjustified material damage to him and contradicts the rule of distribution of procedural costs established by the Criminal Procedure Code of Georgia.

Accordingly, on March 11, 2024, in order to ensure the protection of property rights, the Public Defender submitted a proposal to the Parliament of Georgia with a request not to charge the participants in the process (witnesses, victims, accused, convicted and acquitted persons) for the costs of the vehicle obtained/seized by the prosecution.