Legal Standards for Compliance with the Terms of Imprisonment and Their Extension

The observance of terms of imprisonment and the legal standards for their extension are one of the important issues in the Criminal Procedure Code of Georgia. The study of this issue aims to assess the legal regulation, practice and compliance of terms of imprisonment, both in Georgia and in light of the standards of the European Court of Human Rights (ECHR). Imprisonment is the most severe preventive measure, the inappropriate use of which is accompanied by the risk of violating fundamental human rights. In the Georgian justice system, as well as at the international level, the indefinite extension of terms of imprisonment is a particular problem. The research methodology is based on documentary and theoretical analysis, incorporating Georgian legislation and judicial practice, as well as standards developed by the European Court of Human Rights (ECHR). International and national academic literature, as well as court case analysis, are utilised. The results obtained show that Georgian legislation generally reflects the requirements of the ECHR regarding the determination and extension of imprisonment terms, although deviations from these standards are frequent in national judicial practice. Of particular note is the tendency to unjustified extension of imprisonment and neglect of other alternative measures of detention, which creates legal and systemic risks. In conclusion, it can be said that the institution of imprisonment requires structural reform at the practical level. It is recommended to harmonize national judicial practice with the standards of the Strasbourg Court, especially in terms of justification for the extension of the term of imprisonment, assessment of necessity and the use of alternative measures of detention. The study revealed that the unjustified extension of prison terms is common in judicial practice, which violates both national legislation and the standards of the European Convention on Human Rights. The article highlights the disparity between the norm and practice, and provides recommendations for its resolution.