GD's Mdinaradze: Georgian Criminal Code to include mandatory treatment for drug crimes in 'special cases'
Executive Secretary of the Georgian Dream and majority leader, Mamuka Mdinaradze, announced on Monday that the Criminal Code will incorporate mandatory treatment for drug-crimes, but emphasized this would only apply in “special cases.”
According to Mdinaradze, a judge will determine whether an individual requires mandatory treatment.
“This will not function as an administrative penalty, but rather as a punishment explicitly prescribed within criminal law provisions.
“It is also conceivable that the exercise of this judicial discretion may be informed by the conclusions of narcological examinations, in conjunction with other case materials, and the presiding judge may determine that, in the interest of protecting the health of the specific individual, it would be beneficial not only for private prevention but also for general deterrence, to impose this form of punishment alongside other penalties,” he explained. “This represents another area that requires further deliberation, and we will continue our discussions on this matter.”
“Even established Strasbourg precedent permits this approach, affirming that if an individual presents a danger to themselves as well as to society and potentially requires mandatory treatment, this determination may appropriately be made by a judge,” Mdinaradze concluded.