The Real Effectiveness of Conditional Sentences in Georgia: The Contradiction Between the Declared Goal of Rehabilitation and the Balance Violated in Practice (From the Perspective of Comparative Legal Analysis)

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Nia Nishnianidze

Abstract

This paper is devoted to the analysis of the effectiveness of the probation institution in Georgia, with a special emphasis
on the contradiction between the declared goal of rehabilitation and practical results. The aim of the study is to determine to
what extent this institution fulfills its main function of resocialization of the convict and prevention of relapse. The paper
discusses the legal nature of probation and its place in the penal system as an alternative to imprisonment, and analyzes practical
challenges, including: the effectiveness of supervision, lack of individualization, and the scarcity of rehabilitation programs. The
research is based on national law and comparative law analysis. programmatic support increases the quality of resocialization
and reduces recidivism, while a formalized approach reduces the effectiveness of the institution. In conclusion, the paper shows
that in Georgia, conditional sentences are often formal in nature, which reduces their practical effect. Recommendations are
presented for the improvement of the institution, including strengthening individualization and developing the probation
system.

Keywords:
conditional sentence, rehabilitation, resocialization, probation, alternative sentencing systems, prevention of recidivism, judicial practice, legal policy, comparative legal analysis, international practice, effectiveness of punishment.
Published: May 27, 2026

Article Details

Section
Law