From the moment the Criminal Code was amended, failure to comply with the request of a parliamentary temporary investigative commission became a criminal offense, stated Mari Meshveliani, the prosecutor in the case of Nika Gvaramia, leader of the “Coalition for Change”. She was responding to claims by Gvaramia and his lawyers during the hearing, who argued that non-compliance with such a request constitutes an administrative offense rather than a criminal one, noting that an identical article exists in the Code of Administrative Offenses [Article 173(3)], and therefore criminal proceedings should not have been initiated.

According to the prosecutor, when two legal norms of equal force exist, the more recent one takes precedence.

“Initially, the norm was introduced in administrative law as an administrative offense. However, later it was decided that such conduct should entail criminal liability. From the moment changes were made to the Criminal Code, this act became subject to criminal prosecution.

When there are two norms with equal legal authority, the more recently adopted norm takes precedence. This is provided for under the Law of Georgia on Normative Acts. Therefore, we are acting in accordance with that law,” — stated the prosecutor.

For reference: The case against Nika Gvaramia has been submitted to court for substantive review.

Gvaramia has been charged under Article 349 of the Criminal Code, which refers to “failure to comply with the request of a temporary investigative commission of the Parliament of Georgia.” The penalty includes a fine or imprisonment for up to one year, and disqualification from holding office or engaging in certain activities for up to three years.

As a preventive measure, the court has imposed a bail of 30,000 GEL on Gvaramia.

He was given a 50-day deadline to pay the bail, which expires on June 7. Gvaramia’s position is publicly known — he has stated that he does not intend to pay the bail.