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Conviction as a founding circumstance of the composition of the action and the problem of its reversal during the crime together

Lavrenti Maglakhelidze
Published: 7 March 2022
Abstract: Conviction is a less developed legal institution in Georgian criminal science. It is a legal consequence of a convict's conviction by a court and is reflected in the restriction of the convict's individual rights, which, in turn, is reflected in the norms of constitutional, civil or administrative law. Conviction is only a legal consequence of the sentence and that is why the presumption applies - a person is presumed not convicted from the beginning until his conviction is confirmed by a court judgment, however, he should not be revoked or annulled. Thus, unlike other measures of state coercion, only criminal punishment results in a person being convicted.
Keywords: Conviction / punishment / Georgian / presumption / circumstance / constitutional / sentence / civil / crime / presumed

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