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soxumis saxelmwifo universiteti
MIKHEIL MAMNIASHVILI
SEPARATE ASPECTS OF LAW OF NEW CODE OF PRACTICE
The author thinks that taking out of tasks of Criminal Law from the Code
of Practice is inadmissible, because exactly in the tasks have to be explained
protection of rights and independence guaranteed by constitution for the procedural
activities subject.
The author positively considers the condition that only prosecutor uses
the function of discrete Criminal Law persecution, but negatively evaluates that
the investigator along with the procurator is considered to be the accusatory party.
From the author’s point of view the investigator doesn’t have to be the accusatory
party, he has to be neutral, objective figure in the Criminal Law process,
he only has to investigate cases, so as to collect as accusative as excusatory proofs,
establish as relieving as excusatory conditions.
The author also positively evaluates establishment of institution of procedural
agreement in the procedural legislation. From his point of view, the given
institution is the best means of acceleration of justice, but he thinks that the institution
of procedural agreement has to concern only the less heavy category
corruptive crimes.
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