Georgia’s disputed-legitimacy parliament has approved a bill on the rehabilitation and support of minors “in conflict with the law,” with 76 votes in favor and two against.

Under the bill, a “minor in conflict with the law” is defined as a child for whom a prosecutor’s final decision confirms the commission of an act defined as unlawful under the Criminal Code, provided the child had not reached the age of 14 at the time of the act.

Under current legislation, criminal liability does not apply to children under 14, and there has been no formal response mechanism for unlawful acts committed by minors in this age group. According to the explanatory note, the bill was drafted to address this gap and aims to promote the resocialization, rehabilitation, support, and crime prevention of children under 14.

The bill establishes a new Legal Entity of Public Law within the Ministry of Justice system, the Rehabilitation and Support Center for Minors in Conflict with the Law. The center will be responsible for coordinating and implementing measures defined by law. Its functions will include:

  • Assessing the situation and individual needs of minors in conflict with the law
  • Enrolling or referring minors to appropriate services or programs
  • Monitoring participation in relevant services or programs
  • Monitoring the minor’s condition after completion of a service or program

In cases defined by law, a minor may be referred to a Rehabilitation and Support Home for Minors.

A prosecutor will have the authority to refer a child to the center after issuing a final conclusion that a child under 14 committed an unlawful act. If, after completing an individual program at the center, further intervention is deemed necessary, the prosecutor may apply to a court and, with a judge’s approval, refer the child to a rehabilitation and support home.

The document also states that administrative liability will apply to a parent or legal guardian who refuses to cooperate with the center or fails to comply with the requirements of the prescribed program.

The explanatory note emphasizes that the measures provided by the bill are not analogous to criminal law sanctions.

“They are not aimed at punishing the minor, but at providing assistance, protection, and the development of appropriate social skills. Each decision made in this process will be based on the best interests of the child and will follow a multidisciplinary approach, involving specialists from various fields such as psychology, law, medicine, and others,” the document states.

The bill was authored and initiated by Georgian Dream MPs Rati Ionatamishvili, Archil Gorduladze, Tengiz Sharmanashvili, David Matikashvili, Zurab Kadagidze, Tornike Cheishvili, Salome Jinjorlava, and Aluda Ghudushauri.