Public Defender has addressed the Constitutional court for the second time this year requesting to find the formulation “or in legal possession” in the second part of Article 52 of the Criminal Code of Georgia - unconstitutional in regards to the first paragraph of Article 42 of Constitution of Georgia.

The disputed legislation entails seizure of property from the holder regardless the actions of the owner. This formulation of law leaves no legal mechanisms available to the owner that would allow him to defend his legal interests in court. Property owner, who had the property seized, is not entitled to appeal to the general courts and request restoration of his violated right.

The Constitutional Court of Georgia issued a decision on July 2, 2007 declaring that disputed provision was in compliance with Article 21 (right to property) of the Constitution of Georgia. The claim of the Public Defender of Georgia in question concerns an adherence of the mentioned regulation of the Criminal Code of Georgia with the first paragraph of Article 42 of Constitution of Georgia, which guarantees any individual with the right to fair trial.

Public Defender regards that even though the disputed legislation does not have direct provision forbidding the right to access the court, the whole institution (seizure of property from non-owner) in unconstitutional, because it does not provide the owner with procedural guarantees – to protects his/her property rights in the court.