The Legal Issues Committee discussing the Draft Code of Administrative Offenses
The Committee discussed two Bills on changes to the Code of Administrative Offenses with the II reading.
The first Bill envisages the change to Article 247 determining that the person upon the administrative detention shall, at the first but no later than 48 hours introduced to the Court.
In the event of failure, the person shall be immediately released. Prior to the Court, the detained person can be placed in the temporary isolator by the authorized body. This change ensures the same term of detention and introduction and thus, equal treatment towards the persons stipulated by the Constitutional Court. The Law becomes effective as of June 1, 2021.
The change in the second Bill is introduced to Article 166 in the form of part 2, establishing that the repeated offense by the person already detained for the petty offense shall entail the penalty of 1500-2000 GEL or the administrative detention of 7-15 days. The new formulation also establishes that Article 173 of the Code, stipulating that the disobedience to the legal order or request by the law-enforcement officer during his/her official duty, or insult and/or humiliation towards him/her entails the penalty of 2000-3000 GEL or administrative detention of up to 15 days, and repeated offense entails a penalty of 3500-4500 GEL or administrative detention of 10-15 days. The Law becomes effective upon promulgation.
Pursuant to Article 166 of the current Code, the petty offense entails the penalty of 500-1000 GEL or administrative detention of up to 15 days, and pursuant to Article 173, disobedience or humiliation of a law-enforcement officer entails the penalty of 1000-4000 GEL or administrative detention of up to 15 days. Articles 166 and 173 of the current Code consist of one part solely. Hence, they envisage equal penalties.
The opposition MPs expressed their positions and remarks concerning the term of the introduction of a detained person to the Court – 48 hours and the administrative detention terms.
As the reporter, Chair of the Legal Committee, Anri Okhanashvili stated, after the consultations with the initiators, he will respond to these remarks at the plenary session.
The Committee approved the Bills submitted for accelerated consideration.