Statement of the Prosecutor's Office on the statement made by the attorney of the journalist I.G.

2018-06-28 16:45:47
On the fact of the threat made against the journalist I.G., on 19 May 2018 the investigation was launched by the Tbilisi Police Department of MIA under the paragraph 1 of Article 151 of Criminal Code of Georgia.  
On 21 May 2018, on the basis of the Court Ruling, R.N was detained regarding mentioned fact, which on 22 May was charged for committing the threat and following I.G. under the paragraph 1 of Article 151 and Article 1511 of Criminal Code of Georgia. On the same day, the Court sentenced him to imprisonment as a preclusion measure.
On this criminal case, I.G was identified as a victim and in order to determine his as a victim’s mental and moral damage, the investigative body – MIA has appointed and conducted the psychological expertise in the relevant expertise institution. 
Within the current criminal investigation, it was revealed that the defendant was treated in the psychiatric facility, on 23 May 2018 was appointed psychiatric forensic in order to examine his mental condition. 
On 12 June 2018 according to the stationary psychiatric forensic opinion, R.N. has the chronic mental disease and he could not understand the actual character and illegality of his actions and guided by them.   
According to Article 34 of Criminal Code of Georgia, a defendant would not be charged for an illegal act, if during the commission of this act he could not understand the actual character or illegality of his actions or to guide by them due to chronic mental disease, which means that insanity due to mental disorder is fault excluding circumstance.  
Due to the above-mentioned circumstances, by the Tbilisi City Court Ruling on 19 June 2018 the criminal persecution was suspended against R.N. and he was forced to undergo forced psychiatric treatment because of his insanity, as a result, he was placed in National Center of Mental Health.  
According to the 1st paragraph of Article 79 of “Code of imprisonment”, the defendant has a right to make correspondence at his own expense and have a telephone conversation while being in a detention facility. The same right may be restricted by a justified decree of a prosecutor or investigator under the 2nd paragraph of the same article.
Due to this requirement of the law, while being in the detention facility, during the investigation and trial,   when R.N. had the status of a defendant, he had limited access to correspondence and telephone conversation based on the Prosecutor's Decree.
On 19 June 2018 on basis of the decision of Tbilisi City Court, when the investigation against R.N. was suspended due to his insanity, he does not have now the status of defendant and he is not in penitentiary facility, so, therefore, the restrictions envisaged by the 2nd paragraph of Article 79 of “Code of imprisonment” shall not be applied to him.
In connection with this issue, regarding the statement by the attorney of I.G. made in the television broadcast that the prosecution has committed the negligence because they did not restrict R.N.’s right of using phone communication in the psychiatric-medical institution, which represents incompetence and ignorance of the law.