Parliament will adopt a special law concerning minors for whom there is a reasonable presumption that they have committed an unlawful act envisaged by the Criminal Code, but who had not reached the age of 14 at the time of the act.

The draft law is titled “On the Rehabilitation and Support of Minors in Conflict with the Law” and was submitted to Parliament by MPs from the Georgian Dream party.

According to the initiators, when an individual under the age of criminal responsibility — 14 — commits an unlawful act, criminal prosecution is not carried out; therefore, there is no effective mechanism to respond to the act or prevent similar behavior. Consequently, the goal of the draft law is to ensure the resocialization, rehabilitation, and support of minors under the age of criminal responsibility by identifying their individual needs, and to promote crime prevention. It also regulates the rehabilitation/support process and defines the rights and responsibilities of the agencies and institutions involved.

The draft law stipulates that, based on the individual needs of a minor in conflict with the law, they must be placed in the appropriate service or program. If grounds exist, a court decision may redirect them to a Rehabilitation and Support House for Minors.

According to the project, the rehabilitation and support process for minors in conflict with the law will be based on a multidisciplinary approach, where various state institutions work together to support the minor and take into account their best interests.

A new Legal Entity of Public Law — the Rehabilitation and Support Center for Minors in Conflict with the Law — will be created within the Ministry of Justice. This institution will coordinate and manage the rehabilitation and support process.

The system of rehabilitation and support will unite the following structures: the Center, the Prosecutor’s Office, investigative bodies defined under Article 34 (1) of the Criminal Procedure Code, the State Care and Assistance Agency for Victims of Human Trafficking under the Ministry of Health, and the Ministry of Education, Science and Youth, including its subordinate LEPLs and general educational institutions/schools.

The rehabilitation and support process consists of several stages:

• Referral of the minor to the Center
• Assessment of their condition and individual needs
• Placement of the minor in corresponding services/programs
• Monitoring of the minor’s participation in services/programs
• Monitoring of the minor’s condition after program completion
• When legally required, referral to the Rehabilitation and Support House for Minors.

The first stage is referral to the Center, which will be carried out by the prosecutor. A minor whose unlawful act has been confirmed under the Criminal Code, and who had not turned 14 at the time, must be referred to the Center within five working days following the decision.

After referral, the Center begins collecting information about the minor. For this purpose, it is authorized to obtain information from the legal representative of the minor, from government agencies, or from other individuals or institutions that may hold relevant information.

If the legal representative cannot be identified, cannot be contacted, refuses to cooperate, or otherwise obstructs the Center’s mandate, a representative will be appointed for the minor to protect their best interests.

The Center will prepare an individual assessment report, outlining the minor’s characteristics and needs. Based on this report, the multidisciplinary group will determine the appropriate services/programs and create a time-framed individual plan. The group’s decision regarding participation in services/programs will be binding.

Failure of a parent or legal representative to cooperate with the process, or obstruction of the minor’s participation in the services/programs, will result in administrative liability.

Participation in the selected services/programs must last no less than one month and no more than 12 months, though the multidisciplinary group may extend this period by an additional up to 12 months when needed.

The project foresees the establishment of a Rehabilitation and Support House for Minors, aimed at resocialization, rehabilitation, and support. Minors aged 10–18 who committed unlawful acts between the ages of 10 and 14 may be placed there.

Placement into the Rehabilitation and Support House will occur under legally defined grounds, including:

• When the minor is placed in state care for alternative care and cannot participate in services/programs;
• When the prosecutor’s decision confirms a new deliberate unlawful act after participation in services/programs (with a maximum sanction of up to 5 years of imprisonment);
• When the prosecutor’s decision confirms an unlawful act punishable by more than 5 years of imprisonment (regardless of whether the minor is participating in services/programs).

Referral to the Rehabilitation and Support House will require a court decision. Placement will be allowed for up to 6 months, with the possibility of extension—each time for up to 6 months—based on a court ruling following a request from the multidisciplinary group.

During residence at the Rehabilitation and Support House, if the need for placement no longer exists, authorized personnel may submit a request to cancel the placement decision.

A minor residing in the Rehabilitation and Support House may move freely within the premises, but cannot leave the center without proper authorization until the placement period expires.

Minors placed in the Rehabilitation and Support House will be provided with general, vocational, and higher education opportunities.