The accused, O.S., was charged under Article 238 of the Criminal Code of Georgia, which criminalizes the carrying of a cold weapon by a person previously convicted of an intentional crime. The alleged offense carried a potential penalty of up to four years of imprisonment, making the case legally significant and high-risk for the defendant.
The interests of the accused were represented by criminal defense attorney Beka Nemsitsveridze.
Prosecution’s Position and Evidence
The prosecution relied on the following evidence to support the charge:
- A search and seizure report
- Testimonies of the police officers who conducted the search
- A forensic (traceological) report issued by the Expert Institution of the Ministry of Internal Affairs
According to the prosecution, the forensic examination concluded that the knife seized from the accused qualified as a cold weapon, which formed the basis for criminal liability under Article 238.
Defense Strategy and Legal Position
The defense did not dispute that the knife belonged to the accused, nor did it challenge the legality of the search or seizure procedure. However, the core defense argument focused on the legal classification of the object itself.
The defense maintained that:
- The knife was small in size
- It had multiple household and utility functions
- It did not possess the essential characteristics required to be classified as a cold weapon under Georgian law
In order to establish this, attorney Beka Nemsitsveridze requested an alternative independent forensic examination already at the investigation stage.
Findings of the Alternative Forensic Examination
The alternative expert report concluded that:
- The seized knife did not qualify as a cold weapon
- It was a multi-functional household tool
- It lacked the structural and functional features required for classification as a cold weapon
This conclusion directly contradicted the prosecution’s forensic assessment and became a decisive element of the defense.
Court Decision
After examining all evidence and legal arguments, the Tbilisi City Court fully accepted the defense’s position and relied on the alternative expert findings.
The court determined that the defendant’s actions did not contain the elements of a criminal offense, and therefore:
O.S. was found not guilty and an acquittal verdict was rendered.
Practical Significance of the Case
This case clearly demonstrates that:
- The classification of an object as a “cold weapon” must be based on objective and legally sound forensic criteria
- Official expert conclusions may be challenged through independent examination
- Early and active defense involvement is critical
- Alternative forensic expertise can become a decisive factor leading to acquittal
Criminal Defense Consultation in Georgia
If you are facing criminal charges related to weapon possession, or if an investigation has been initiated against you, timely legal assistance is crucial.
Contact us for a confidential consultation — every criminal case requires an individual and strategic defense approach.
