According to the Young Lawyers Association, failure to appear before the temporary investigative commission of parliament cannot be considered a criminal offense.
GYLA responded to the ongoing criminal cases regarding the legitimacy of the investigative commission and summons to the commission in a special statement.
“The sanction for failure to comply with the request of the temporary investigative commission of parliament is provided for both in the Code of Administrative Offenses and in the Criminal Code.
This indicates that one and the same action can be assessed as both an offense and a crime.
Given that the legislator does not determine which one takes precedence in the case of identical entries in normative acts with equal legal force, it is important to assess the issue in accordance with the Constitution of Georgia and international standards and, in case of violation, to apply the norm that is less restrictive of personal freedom (In dubio pro libertate),” the “Young Lawyers Association” states.