In accordance with Article 65 of the Constitution of Georgia, a fundamental guarantee of the right to a fair trial, the creation of extraordinary courts or military tribunals is strictly prohibited during peacetime. This constitutional principle ensures that all military personnel, regardless of rank, benefit from the right to have their case heard by a civilian, independent court. Our team at Legal Sandbox Georgia is deeply versed in the specifics of this system, offering service members the highest level of legal defense that combines a masterful knowledge of criminal procedure with a nuanced understanding of military legislation.
Military crimes, as detailed in Chapter XXXV of the Criminal Code of Georgia, are designed to uphold military order and combat readiness. This chapter covers specific offenses such as desertion, absence without leave, insubordination, negligent handling of military property, and abuse of power by commanders. The investigation and prosecution of these crimes require a detailed analysis not only of the factual circumstances but also of the duties and procedures established by military statutes, where our team's specialized knowledge plays a decisive role.
When a service member is accused, the criminal process takes on a hybrid nature. The initial investigation is often conducted by the Military Police of the Ministry of Defence, but all procedural actions, including covert investigations and the application of pre-trial detention, must be sanctioned by a civilian prosecutor and judge. Our team provides defense from the very first interrogation to prevent procedural violations and protect the defendant's rights. During the trial, where the judge and prosecutor are civilians, our task is to clearly explain the specifics of military life to the court and present a strong, evidence-based defense strategy.
Unlike criminal prosecution, disciplinary infractions are handled within internal military structures. However, a severe disciplinary sanction, such as dismissal from service, can permanently alter a service member's career. Although a disciplinary proceeding is not a court trial, an order issued by a commander is an administrative act whose legality can be challenged before a superior body or in court through administrative procedures. Our team counsels service members on their rights during disciplinary proceedings and assists them in appealing unlawful sanctions.
Any service member facing a criminal charge fully enjoys the rights guaranteed by the Constitution and laws of Georgia. This includes the right to remain silent, the right to a lawyer from the moment of detention (even on a military base), the right to review all case materials, and, most importantly, the presumption of innocence. Our role as independent civilian attorneys is to be a firm guarantor of these rights, to protect our client from potential pressure from the military hierarchy, and to ensure that the court's decision is based solely on the law and irrefutable evidence.
Updated: ...