Opinion for the improvement of the alternative mechanism of criminal prosecution – diversion of adults

Abstract

Alternative mechanisms of criminal prosecution – diversion and mediation are among the most important concepts in the hands of the state to ensure legality as well as law and order in the country.

Today, these mechanisms occupy a special place in the criminal procedural space of Georgia. It is also worth noting the fact that diversion/mediation is in constant development and dynamics. In addition to minors, diversion began to be applied for adults, which, undoubtedly, should be assessed positively. However, in theory and practice, a number of questions and opinions have arisen regarding the effective and correct use of this method. Accordingly, the Georgian legal space also faces new problems complications. In this regard, the norms regulating diversion of adults deserve special attention; they are perfect, but from the point of view of protecting the rights of the subject of diversion, they need further refinement and improvement.

This article records and analyzes opinions that will contribute to the proper management of the process of diversion for adults and – what is most important – to improving the legal status of the subject of diversion.