PM: Fines proved insufficiently effective, moving towards administrative imprisonment followed by criminal liability if repeated
“Fines have proved to be insufficiently effective and do not align with the principle of proportionality. Therefore, we are transitioning to administrative imprisonment, which, in cases of recurrence, will be followed by criminal measures,” stated Prime Minister Irakli Kobakhidze in an interview with GPB’s First Channel.
According to the Prime Minister, the proposed amendments to the Administrative Offences and Criminal Codes are in accordance with international standards and Strasbourg practice.
“Fines have proven inadequate, especially considering individuals who, for example, have proudly announced they owe GEL 250,000 in fines yet continue to attend rallies. Many are unemployed, with few resources to pay fines, and their actions, such as blocking roads, disrupt public order.
Such examples clearly demonstrate that fines alone are insufficient. When a measure is ineffective, it must be replaced with a more effective alternative. This approach is both legally logical and consistent with the principle of proportionality.
You should first attempt to employ the milder, yet effective, measure. If that measure proves ineffective, a different and more suitable course of action must be taken. In this case, practice has shown that fines are neither sufficiently effective nor in line with the principle of proportionality. Consequently, we are moving towards administrative imprisonment, which, in cases of recurrence, will be followed by criminal sanctions. We believe this approach will be more effective than fines. All of these steps are fully compliant with international standards and Strasbourg practice, as we have thoroughly examined.
Strasbourg practice, international standards, legal theory, and practical application are all compatible. If anyone suggests that in some capital cities, whether in the EU or elsewhere, 50, 150, or even 300 individuals are permitted to block a central avenue daily, I would have to give up. Such a scenario is simply madness,” he concluded.