Comparison of the Witness’s and the Defendant’s Testimonies in Legal Discourse

The Georgian criminal procedure system has existed for several years. Initially, the Criminal Procedure Code of February 20, 1998 attempted to regulate the criminal procedure; however, taking into account contemporary developments, the Criminal Procedure Code of 2009 - which remains in force – was adopted to address the criminal justice issues prevailing at the time. Since the criminal procedure is not static, over time, alongside new challenges, it has been shaped by the decisions of the legislative body and the Constitutional Court. It is worth exploring whether the Judgment of the Plenum of the Constitutional Court of Georgia dated December 28, 2021 imposed limitations on the defendant’s internationally recognized right against self-incrimination, and whether it effectively equated the defendant with a standard witness. This article specifically addresses the common and distinguishing features of the procedural status of the defendant and the witness, and the peculiarities of their testimonies.