LEGALITY OF THE URGENT SEARCH AND ADMISSIBILITY OF THE EVIDENCE SEIZED AS A RESULT OF THE SEARCH: ANALYSES OF THE DECISION OF THE CONSTITUTIONAL COURT OF GEORGIA

Abstract

The article discusses the decision of the Constitutional Court of Georgia (December 25, 2020) which is related to an urgent search. The decision makes it clear that in practice, the state interferes a right to privacy, without a relevant basis and the evidences seized as a result of it this are often recognized by the courts. In many cases urgent search based on the operative information of the confident and the persons had not enough possibilities to defend their selves. Constitutional Court declared such practice unconstitutional and once again emphasized the importance of the rights and interests of the accused person in the criminal proceedings. New decision changes the established case law of the ordinary courts and introduces a new mechanism that complies not only with the Constitution of Georgia, but also with the European Convention on Human Rights.