Equipo Nizkor - The Criminal Law Code of Georgia.

LAW OF GEORGIA

CRIMINAL CODE OF GEORGIA

GENERAL PART

SECTION ONE

CRIMINAL LAW

CHAPTER I - Criminal Legislation of Georgia

Article 1 - Criminal legislation of Georgia and its purpose

1. The Criminal Code of Georgia establishes grounds for criminal liability, determines which acts are criminal and prescribes relevant punishment or other types of penal sanctions.

2. This Code complies with the Constitution of Georgia and universally recognised principles and standards of international law.

3. The purpose of this Code is to prevent criminal infringements and protect public order.

CHAPTER II - Scope of the Criminal Law

Article 2 - Application of the Criminal Law in time

1. The criminality and punishability of an act shall be determined by the criminal law applicable at the time of its commission.

2. The time of committing a crime shall be the time when the principal or accomplice was acting or should have acted. The time when the result occurs is irrelevant.

Article 3 - Retroactive force of criminal law

1. A criminal law that decriminalises an act or reduces penalty for it shall have retroactive force. A criminal law that criminalises an act or increases punishment for it shall not have retroactive force.

2. If a new criminal law mitigates punishment for an act for which the offender is serving it, this punishment shall be mitigated within the limits of the sanctions prescribed by this Criminal Law.

3. If the Criminal Law was amended several times between the commission of a crime and the delivery of the judgement, the most lenient law shall apply.

4. (Deleted – 12.6.2016, No 3714.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 333 of 30 May 2000 – LHG I, No 20, 31.5.2000, Art. 51

Law of Georgia No 5181 of 3 July 2007 – LHG I. No 28, 18.7.2007, Art. 278

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 4 - Operation of the Criminal Law with respect to crimes committed in the territory of Georgia

1. A person who has committed a crime in the territory of Georgia shall be criminally liable under this Code.

2. A crime shall be considered to have been committed in the territory of Georgia if it began, continued and terminated or ended in the territory of Georgia. This Code shall also apply to crimes committed on the continental shelf and in the Special Economic Zone of Georgia.

3. A person, who has committed a crime on or against a ship authorised to fly the national flag or national insignia of Georgia, shall be criminally liable under this Code, unless otherwise provided for by the treaties to which Georgia is a party.

4. If foreign diplomatic representatives or persons enjoying diplomatic immunity have committed a crime in the territory of Georgia, the question of their criminal liability shall be decided under the international law.

Article 5 - Criminal liability for crimes committed abroad

1. Citizens of Georgia and persons having a status of stateless person in Georgia, who have committed abroad such an act that is stipulated under this Code and that is considered to be a crime under the legislation of the state where it was committed, shall be criminally liable under this Code.

2. Citizens of Georgia and persons having a status of stateless person in Georgia who have committed abroad such act that is stipulated by this Code and that is not considered to be a crime under the legislation of the state where it was committed, shall be criminally liable under this Code, provided that the act constitutes a serious or particularly serious crime directed against the interests of Georgia or if criminal liability for this crime is prescribed by the treaties to which Georgia is a party.

3. Foreigners and stateless persons who commit crimes abroad shall be criminally liable under this Code, provided that the act constitutes a serious or particularly serious crime against the interests of Georgia or if criminal liability for this crime is prescribed by the treaties to which Georgia is a party.

4. Citizens of Georgia and persons having a status of stateless person in Georgia who have committed abroad such an act that is stipulated by Articles 221, 338, 339 or 339¹ and that is not considered to be a crime under the legislation of the state where it was committed, shall be criminally liable under this Code.

5. Foreign citizens and stateless persons who have committed abroad such an act that is stipulated by this Code and who exercise public legal powers for Georgia, shall be criminally liable under this Code for committing a crime provided for by Articles 221, 338, 339 or 339¹ of this Code.

Law of Georgia No 333 of 30 May 2000 – LHG I, No 20, 31.5.2000, Art. 51

Law of Georgia No 5170 of 28 October 2011 – web-site, 11.11.2011

Law of Georgia No 6301 of 25 May 2012 – web-site, 12.6.2012

Article 6 - Surrender and extradition of offenders

1. Citizens of Georgia and persons having a status of stateless person in Georgia may not be extradited to another state for the purpose of criminal prosecution or serving a sentence, unless otherwise provided for a treaty to which Georgia is a party. Citizens of Georgia and persons having a status of stateless person in Georgia shall be surrendered to the International Criminal Court (ICC) in cases and in the manner prescribed by the Statute of the ICC (Rome Statute) and the Law of Georgia on the Cooperation of Georgia with the International Criminal Court.

2. Foreigners and stateless persons who have committed a crime and who are staying in Georgia may be extradited to another state or surrendered to the International Criminal Court for the purpose of criminal prosecution or serving a sentence under an international treaty to which Georgia is a party.

3. It shall be inadmissible to surrender an asylum seeker who has committed a crime and who is persecuted because of his/her political beliefs, or a person who has committed an act that is not considered a crime under the legislation of Georgia, or if the crime committed is subject to death penalty in the country seeking the surrender. The question of the criminal liability of such persons shall be decided under the international law.

Law of Georgia No 333 of 30 May 2000 – LHG I, No 20, 31.5.2000, Art. 51

Law of Georgia No 2980 of 14 August 2003 – LHG I, No 26, 5.9.2003, Art. 191

Law of Georgia No 6301 of 25 May 2012 – LHG I, web-site, 12.6.2012

SECTION TWO

CRIME

CHAPTER III - Grounds for Criminal Liability and Categories of Crime

Article 7 - Grounds for criminal liability

1. The grounds for criminal liability shall be a crime, i.e. an unlawful and guilty act provided for by this Code. The grounds for criminal liability of legal persons shall be determined by the relevant provisions of this Code.

2. An act that, although formally containing the signs of an act provided for by this Code, has not caused, due to its insignificance, such harm or has not created the risk of such harm that would require criminal prosecution of its perpetrator shall not be deemed a crime.

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Article 8 - Causation

1. If, under the relevant article of this Code, a crime is considered completed only when an act has caused an unlawful result or created a specific threat of the occurrence of such result, it shall be necessary to establish causation between this act and the result or threat.

2. Causation shall exist when an act constituted a necessary condition for the unlawful result or specific threat provided for under the relevant article of this Code, without which this time the result or such threat would not have occurred.

3. Omission shall be considered to be a necessary condition for the occurrence of an unlawful result or a specific threat provided for under the relevant article of this Code, when a person had a special legal obligation to act, was able to act and the result would have been avoided by taking mandatory and possible action.

Article 9 - Intentional crime

1. An act committed with direct or indirect intent shall constitute an intentional crime.

2. An act shall be considered to have been committed with direct intent, if the person [who commits it] is aware of the unlawfulness of the act, foresees its unlawful consequences and desires those consequences, or foresees the inevitability of the occurrence of such consequences.

3. An act shall be considered to have been committed with indirect intent if the person was aware of the unlawfulness of his/her action, was able to foresee the occurrence of the unlawful consequences and did not desire those consequences, but consciously permitted them or was negligent about the occurrence of those consequences.

Article 10 - Crime of negligence

1. An act that has been committed through reckless misconduct or negligence shall be considered a crime of negligence.

2. An act shall be considered to have been committed with reckless misconduct if the person was aware that the act was prohibited under the standard of care, foresaw the possibility of the occurrence of the unlawful consequences, but groundlessly counted on their being prevented.

3. An act shall be considered to have been committed with negligence if a person was not aware that of the act was prohibited under the standard of care, did not foresee the possibility of the occurrence of the unlawful consequences, although he/she was obliged and was able to foresee them.

4. An act committed through negligence shall be considered a crime only if so provided by the relevant article of this Code.

Article 11 - Liability for intentional crime with attendant consequences

1. If the Criminal Law prescribes an increase of punishment for the occurrence of the attendant consequences that were not intended by the offender, then such increase shall be permitted only when the person caused these consequences through negligence. Such crime shall be considered an intentional crime.

2. Other elements qualifying intentional crime shall be imputed to a person only when his/her intent contained this element.

Article 11¹ - Liability for domestic crime

Crime committed by one family member against another family member under Articles 108, 109, 115, 117, 118, 120, 126, 137, 141, 143, 144-144³, 149-151, 160, 171, 253, 255, 255¹, 381¹ and 381² shall be considered a domestic crime. Criminal liability for domestic crime shall be determined by the relevant article of the Criminal Code of Georgia specified in this article, by making reference to this article.

Note: For the purposes of this article, the following persons shall be considered family members: a spouse, mother, father, grandfather, grandmother, child (stepchild), foster child, adopting parent, adopting parent's spouse, adoptee, foster family (foster mother, foster father), guardian, grandchild, sister, brother, parents of the spouse, son-in-law, daughter-in-law, former spouse, also persons who maintain or maintained a common household.

Law of Georgia No 643 4 of 12 June 2012 – web-site, 25.6.2012

Law of Georgia No 2704 of 17 October 2014 – web-site, 31.10.2014

Law of Georgia No 3052 of 18 February 2015 – web-site, 26.2.2015

Law of Georgia No 59 of 1 December 2016 – web-site, 13.12.2016

Article 12 - Categories of crime

1. According to the maximum term imprisonment prescribed as a punishment under an article or part of an article of this Code, the following three categories of crime shall apply:

a) less serious crime;

b) serious crime;

c) particularly serious crime.

2. An intentional crime or a crime of negligence for the commission of which the maximum sentence prescribed under this Code does not exceed five-years of imprisonment shall constitute a less serious crime.

3. An intentional crime for the commission of which the maximum sentence prescribed under this Code does not exceed 10 years of imprisonment , also a crime of negligence for the commission of which the maximum sentence prescribed under this Code exceed five years of imprisonment shall constitute a serious crime.

4. An intentional crime for the commission of which this Code stipulates punishment exceeding 10 years of imprisonment or life imprisonment shall constitute a particularly serious crime.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

CHAPTER IV - Types of Single Crime

Article 13 - Continuing crime

1. A crime provided for by one article or part of an article of this Code the commission of which starts with an action or inaction and which then is committed continuously, shall constitute a continuing crime.

2. A continuing crime shall be considered completed upon the termination of the act.

Article 14 - Continuous crime

1. A crime provided for by one article or part of an article of this Code, which includes two or more acts committed with a single purpose and intent shall constitute a continuous crime.

2. A continuous crime shall be considered completed upon the termination of the last act.

CHAPTER V - Multiple Crimes

Article 15 - Repeated crime

1. Repeated crime shall mean the commission by a previously convicted person of the crime provided for by the same article of this Code. Two or more crimes provided for by different articles of this Code shall be considered a repeated crime c if so provided for by the relevant article of this Code.

2. A crime shall not be considered as repeated if the person was released from criminal liability for the previous crime in accordance with the law, or if this person's conviction for the previously committed crime was cancelled or expunged.

3. (Deleted).

Law of Georgia No 5196 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 283

Article 16 - Cumulative crimes

1. Cumulative crimes shall mean commission of two or more acts provided for by an article or part of an article of this Code for the commission of neither of which the person has been convicted. Commission of an act that contains elements of crimes provided for by two or more articles or part of an article of this Code shall also constitute a cumulative crime.

2. If an act is stipulated by general and special provisions, the cumulative crime does not exist and the person shall be criminally liable according to the special provisions.

Law of Georgia No 333 of 30 May 2000 – LHG I, No 20, 31.5.2000, Art. 51

Article 17 - Recidivism

1. Recidivism shall mean the commission of an intentional crime by a person who has previously been convicted for an intentional crime.

2. (Deleted).

3. (Deleted).

4. When establishing recidivism, a previous conviction for a crime committed before the age of 18-years, as well a conviction that has been cancelled or expunged under Article 79 of this Code shall not be taken into account.

5. In the case of recidivism, a stricter punishment may be ordered based on the grounds and within the scope provided for by this Code.

Law of Georgia No 5035 of 22 June 2007 – LHG I, No 26, 11.7.2007, Art. 242

Article 17¹ - Racketeering, racketeering group, racketeers

1. Racketeering is a multiple and organised activity carried out to obtain regular income or other material benefit that is related to the commission of an intentional crime (unless the conviction has been nullified or expunged), and if it has been conducted at least twice during five calendar years; this term does not include the term imprisonment and serving the sentence by a racketeer.

2. A legal person or any association of physical and/or legal persons whose activities are related to racketeering shall be considered a racketeering group.

3. A person who independently or jointly with other person(s) is engaged or otherwise participates in the activities of a racketeering group and who knows that this groups in engaged in racketeering, and who also illegally resolves or participates in the resolution of disputes between racketeering groups or the racketeering group and other persons, shall be considered a racketeer.

Law of Georgia No 212 of 24 June 2000 – LHG I, No 18, 9.7.2004, Art. 61

CHAPTER VI - Inchoate Crimes

Article 18 - Preparation of a crime

1. Intentional creation of conditions for committing a crime shall be considered preparation of a crime.

2. Criminal liability shall be prescribed only for the preparation of serious and particularly serious crimes and for the preparation of crimes provided for by articles 182(1), 186(1-2), 194¹(1-2), 202(1), 221(1-3), 332(1-2), 339(1), 339¹(1-2), 365(1-3) and 372(1) of this Code.

3. Criminal liability for the preparation of a crime shall be determined under the relevant article of this Code, which prescribes liability for inchoate crimes, by making reference to this article.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 4213 of 29 December 2006 – LHG I, No 1, 3.1.2007, Art. 16

Law of Georgia No 403 of 23 October 2008 – LHG I, No 29, 4.11.2008, Art. 176

Law of Georgia No 5170 of 28 October 2011 – web-site, 11.11.2011

Article 19 - Attempt

1. An attempt shall be an intentional act that was aimed at committing a crime, but the crime was inchoate.

2. Criminal liability for an attempted crime shall be determined under the relevant article of this Code which prescribes liability for a completed crime, by making reference to this article.

Article 20 - Releasing from liability for inchoate crimes

A person shall not be criminally liable for the preparation of a crime or for an attempt, if, due to his/her ignorance or other personal defect, the intended unlawful consequences could not have been accomplished through the means by which it was to be committed.

Article 21 - Voluntary abandonment of a crime

1. A person shall not be criminally liable, if he/she voluntarily and for good abandons the completion of a crime.

2. A person who voluntarily abandons the completion of a crime shall be criminally liable if the act actually committed by him/her comprises some other crime.

3. Organisers, abettors and aiders of a crime shall not be criminally liable if they dissuades the principal, timely informed relevant authorities or otherwise prevented the principal or other accomplices from completing the crime. An aider shall also not be criminally liable if he/she, before the principal started the commission of the crime refused to perform the promised act, or before the principal completed the crime he/she took back the tools or means provided [to the principal] for the commission of the crime.

4. If, through their actions, the organiser, abettor and a person providing psychological assistance have failed to preclude the principal from completing the crime, then the court, in imposing punishment, may consider the measures taken by them as a circumstance mitigating their liability.

5. A person who has done everything he/she could to accomplish the relevant consequences of corpus delicti, but later, prevented those consequence through his/her voluntary act, shall also not be criminally liable.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

CHAPTER VII - Perpetration and Complicity in Crime

Article 22 - Perpetration

A principal is a person who immediately commits or has immediately participated in the commission of a crime together with another person (joint principal), also a person who has committed a crime through another person who, under this Code, shall not be criminally liable due to his/her age, insanity or other circumstances.

Article 23 - Complicity in a crime

Complicity in a crime shall mean joint participation of two or more persons in the commission of an intentional crime.

Article 24 - Types of accomplices

1. A person who organised the commission of a crime or directed its execution, as well as a person who created and guided an organised group, shall be deemed an organiser.

2. A person who persuaded another person to commit an intentional crime shall be deemed an abettor.

3. A person who provided assistance in the commission of the crime shall be an aider.

Article 25 - Liability of the principal and accomplice

1. A principal and accomplice shall be criminally liable only according to their own guilt based on the single unlawful act, taking into consideration the nature and extent of participation of each of them in the commission of the crime.

2. Criminal liability of a joint principal shall be determined under the relevant article of this Code, without making reference to this article.

3. Criminal liability of the organiser, abettor and aider shall be determined under the relevant article of this Code, by making reference to this article, except when they, at the same time, are joint principals of the crime.

4. When there is an element present in the personality of the principal or accomplice that is characteristic of an unlawful act, then this element shall be attributed to another principal or accomplice in whose person it was not present, if he/she was aware of this element.

5. Personal feature that is characteristic of guilt or personality of one of the principals or accomplices shall be attributed to the principal or accomplice who is characterised by that feature.

6. For complicity in a crime in which the principal may be a special subject of the relevant crime under this Code, the person shall be criminally liable as the organiser, abettor or aider.

7. If the principal has inchoate the crime, the accomplice shall bear criminal liability for complicity in the preparation of the crime or in the attempt. Criminal liability for the preparation of a crime shall also be imposed on the person who, due to the circumstances beyond his/her control, failed to persuade another person to commit the crime.

Article 26 - Excessive acts of the principal

1. Excessive acts of the principal shall mean the commission by the principal of such unlawful act that the other joint principals or accomplices did not intend to commit.

2. The other joint principals or accomplices shall not be criminally liable for the excessive acts of the principal.

Article 27 - Crimes committed jointly by more than one person

1. A crime shall be considered to have been committed jointly by more than one person if two or more principals jointly participated in its commission without prior agreement.

2. A crime shall be considered to have been committed jointly by more than one person with prior agreement if persons participating in its commission united in advance to jointly commit the crime.

3. A crime shall be considered to have been committed by an organised group if it was committed by a structured group formed and acting jointly within a specific period of time and the member of which united in advance to commit one or several crimes, or the purpose of which is to unlawfully obtain direct or indirect financial or other material benefit.

4. In cases provided for by the relevant articles of this Code, criminal liability for setting up or directing an organised group shall be imposed on the person who created or directed such a group. Liability for all the crimes committed by this group shall be imposed on the same person if the latter intended to commit those crimes. Other participants of an organised group shall bear liability for the participation of the group in cases provided for by the relevant article of this Code, as well as for the crime in the preparation or commission of which they participated.

Note: For the purposes of paragraph 3 of this article, a structured group shall be the group that has not been casually set up for immediate commission of a crime and that does not require formal distribution of roles among its members, or continuous membership or a developed structure.

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

CHAPTER VIII - Circumstances Excluding the Criminality of an Action

Article 28 - Self-defence

1. A person shall not be considered to have acted unlawfully if he/she commits an act provided for by this Code in self-defence, i.e. injures the wrongdoer during the unlawful infringement to protect his/her or other person's legally protected interests.

2. A person shall have the right to self-defence regardless of whether or not he/she is able to prevent infringement or seek assistance from another person.

3. Injuring a perpetrator for the purpose of recovering the property or other legally protected interests that have been taken away through unlawful infringement shall be considered lawful even when it has occurred immediately after the wrongdoer took possession of the legally protected interests, and if the legally protected interests could still have been immediately recovered.

4. An excessive act of self-defence shall mean an act of the person acting in self-defence that is clearly disproportionate to the character and threat of the assault.

Article 29 - Seizure of the offender

1. A person shall not be considered to have acted unlawfully if he/she seizes the offender to bring him/her before public authorities without exceeding the measures required for this purpose.

2. Exceeding the measures required for seizing an offender shall mean clear incompatibility of this measure with the gravity of the crime committed by the person to be seized and the circumstances relating to seizure.

Article 30 - Extreme necessity

A person shall not be considered to have acted unlawfully if he/she commits an act provided for by this Code in absolute necessity, i.e. if he/she injures another person to avert the danger facing the legally protected interests of the injurer or of an any other person, provided that the danger could not have been avoided through other means and if the harm caused to these interests was of less significant than the harm averted.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Article 31 - Justified risk

1. A person shall not be considered to have acted unlawfully if he/she harms the legally protected interests provided the risk is justified to achieve socially useful goals.

2. Risk shall be considered justified unless this goal could have been achieved without risk and if the person has taken all measures to prevent harm to legally protected interests.

Article 32 - releasing from criminal liability for other legally justifiable acts

A person shall not be considered to have acted unlawfully if he/she commits an act provided for by this Code under such other circumstance that, although not expressly referred to in this Code, fully complies with the lawful requirements for this act.

CHAPTER IX - Circumstances Excluding and Mitigating Guilt

Article 33 - Release from criminal liability due to age

A person who has not attained the age of 14 at the time of the commission of an unlawful act provided for by this Code shall be considered to act without guilt.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 333 of 30 May 2000 – LHG I, No 20, 31.5.2000, Art. 51

Law of Georgia No 4785 of 23 May 2007 – LHG I, No 19, 1.6.2007, Art. 166

Law of Georgia No 2641 of 23 February 2010 – LHG I, No 9, 15.3.2010, Art. 31

Article 34 - Release from liability due to mental Illness

1. Any person who at the time of the commission of an unlawful act provided for by this Code is incapable of appreciating the actual nature or unlawfulness of his/her actions or controlling those actions due to his/her chronic mental illness, temporary mental disturbance, debility or other mental condition shall be considered to act without guilt.

2. (Deleted).

3. If a sane person commits a crime and becomes mentally ill before his/her conviction, due to which he/she is unable to control or guide his/her acts, shall serve the sentence imposed by the court in the relevant medical institution until his/her recovery.

Law of Georgia No 2264 of 16 December 2005 – LHG I, No 55, 27.12.2005, Art. 367

Law of Georgia No 5181 of 3 July 2007 – LHG I. No 28, 18.7.2007, Art. 278

Article 35 - Diminished capacity

1. An adult person who at the time of committing a crime was in a state of diminished capacity, i.e. due to his/her mental illness was unable to fully appreciate the actual nature or unlawfulness of his/her acts or control those acts shall not be released from criminal liability.

2. The court shall take into consideration the diminished capacity in imposing punishment.

3. (Deleted – 12.6.2016, No 3714.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 5181 of 3 July 2007 – LHG I. No 28, 18.7.2007, Art. 278

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 36 - Mistake of law

1. A person who lacks awareness that the act he/she is committing is prohibited shall not be punished only if the mistake is pardonable.

2. A mistake shall be considered pardonable if, under the given circumstances, the person was not and could not have been aware of the fact that he/she was committing a prohibited act.

3. When a mistake is not pardonable, the person may be held liable only for negligence, provided that the commission of this act is punished under this Code.

Article 37 - Execution of orders or instructions

1. A person who harms the legally protected interests when executing a mandatory order or instruction shall not bear criminal liability. Criminal liability for such harm shall be imposed on the person who issued the unlawful order or instruction.

2. A person who knowingly executes an unlawful order or instruction shall be criminally liable according to the general rules, unless there are other circumstances that exclude the guilt.

Article 38 - Releasing from criminal liability for other non-culpable actions

A person shall not be considered to act with guilt if he/she commits an act provided for by this Code under such other circumstances that, although not expressly referred to in this Code, fully satisfies the requirements for guiltlessness for this act.

SECTION THREE

SENTENCE

CHAPTER X - Goals and Types of Sentences

Article 39 - Goal of a [criminal] sentence

1. The goal of a sentence is to restore justice, prevent repetition of a crime and re-socialise the offender.

2. The goal of a sentence shall be accomplished by exerting influence on the convicted person and other persons in order to ensure that they develop a sense of responsibility before the law and the observance of public order. Such forms and measures of influence on convicted persons are provided for by the corrections legislation of Georgia.

3. The purpose of a sentence shall not be the physical torture or humiliation of a person.

Law of Georgia No 2697 of 9 March 2010 – LHG I, No 12, 24.3.2010, Art. 70

Article 40 - Types of sentences

1. Types of sentence are as follows:

a) fines;

b) deprivation of the right to occupy an official position or to carry out a particular activity;

c) community service;

d) corrective labour;

e) service restrictions for military personnel;

f) restriction of liberty;

g) fixed term imprisonment;

h) life imprisonment;

I) confiscation of property.

2. Types of sentences for a legal person shall be defined under the relevant provisions of this Code.

Law of Georgia No 649 of 5 December 2000 – LHG I, No 47, 14.12.2000, Art. 134

Law of Georgia No 2619 of 28 December 2005 – LHG I, No 4, 18.1.2006, Art. 39

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Article 41 - Main and ancillary penalties

1. Corrective labour, service restrictions for military personnel, fixed term imprisonment and life imprisonment may be imposed only as a main penalty.

2. Community service, fines or deprivation of the right to occupy an official position or to carry out a particular activity may be imposed both as main and ancillary penalties. Confiscation of property may be imposed only as an ancillary penalty.

2¹. Several ancillary penalties may be imposed simultaneously.

3. (Deleted).

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 649 of 5 December 2000 – LHG I, No 47, 14.12.2000, Art. 134

Law of Georgia No 1627 of 4 July 2007 – LHG I, No 23, 24.7.2002, Art. 113

Law of Georgia No 2619 of 28 December 2005 – LHG I, No 4, 18.1.2006, Art. 39

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 4785 of 23 May 2007 – LHG I, No 19, 1.6.2007, Art. 166

Law of Georgia No 893 of 26 December 2008 – LHG I, No 41, 30.12.2008, Art. 317

Article 42 - Fines

1. A fine is a monetary penalty.

2. The minimum amount of a fine shall be GEL 2 000. If the relevant article of the special part of this Code prescribes imprisonment for up to three years, the minimum amount of the fine shall be at least GEL 500.

3. The court shall determine the amount of a fine according to the gravity of the crime committed and the material status of the convicted person. The material status shall be determined based on the person's property, income and other circumstances.

4. The court, in its judgement, shall refer to the amount of the payable fine in lari.

5. A fine shall be imposed as an ancillary penalty also when it is not prescribed as an ancillary penalty under the relevant article of this Code, except for the crime under Article 1261 of this Code.

5¹. (Deleted – 12.6.2016, No 3714).

6. If a convicted person avoids paying the fine, or if the payment cannot be enforced, this penalty shall be substituted by community service, corrective labour, and restriction of liberty or imprisonment. At the same time, the period of time during which the convicted person was serving this sentence shall be counted towards the term of the community service, corrective labour or restriction of liberty based on the following calculation: GEL 50 of the imposed fine - 4 hours of community service, one day of corrective labour, one day of restriction of liberty. In addition, if a person maliciously avoids the community service, corrective labour or restriction of liberty that was imposed instead of the fine, it shall be substituted by imprisonment, to the extent and in the manner prescribed for this type of penalty by this Code.

Law of Georgia No 945 of 19 June 2001 – LHG I, No 20, 3.7.2001, Art. 75

Law of Georgia No 1822 of 30 June 2005 – LHG I, No 38, 15.7.2005, Art. 255

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 4213 of 29 December 2006 – LHG I, No 1, 3.1.2007, Art. 16

Law of Georgia No 3052 of 18 February 2015 – web-site, 26.2.2015

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 43 - Deprivation of right to occupy an official position or carry out a particular activity

1. Deprivation of the right to hold an official position or carry out a particular activity shall mean that a convicted person is prohibited from occupying an appointed office in public service or in local self-government bodies or from pursuing professional or other activities.

2. Deprivation of the right to hold an official position or to carry out a particular activity shall be imposed as the main penalty for a term of from one to five years and as an ancillary sentence, for a term of from six months to three years.

3. Deprivation of the right to hold an official position or to carry out a particular activity may be imposed as an ancillary penalty even when it has not been prescribed as a penalty for the committed crime under the relevant article of this Code provided that, based on the character and quality of the threat of the crime and the offender's personality, the court considers it impossible to reserve him/her the right to occupy an official position or to carry out a particular activity.

4. At the time of the imposition of community service or corrective labour as the main penalty, also, in the case of a conditional sentence, the term of the ancillary penalty imposed in the form of the deprivation of the right to hold an official position or carry out a particular activity shall be calculated from the moment when the court judgement enters into force. The term of an ancillary penalty imposed in the form of the deprivation of the right to hold an official position or carry out a particular activity in addition to the imprisonment or restriction of liberty imposed as the main penalty, shall be calculated from the moment when the court judgement enters into force and shall extend over the entire term of service of the main penalty.

Law of Georgia No 649 of 5 December 2000 – LHG I, No 47, 14.12.2000, Art. 134

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 3649 of 10 November 2006 – LHG I, No 44, 27.11.2006, Art. 297

Article 44 - Community service

1. Community service shall mean free labour of a convicted person where the type of labour is determined by the probation bureau.

2. Community service shall be imposed for the term of from 40 to 800 hours. If a fine is substituted by community service, or in the case provided for by Article 73(3) of this Code, or if a plea bargain is concluded between the parties, it may be imposed for a longer period. The daily length of such service shall not exceed eight hours.

3. If a convicted person refuses to render or persistently avoids community service, this sentence shall be substituted by a fine, restriction of liberty or imprisonment. In addition, the time during which the convicted person was serving this sentence, shall be counted towards the term imprisonment or restriction of liberty, based on the following calculation: five hours of community service - one day of restriction of liberty, one day of imprisonment.

4. Community service shall not be imposed on disabled persons of first and second categories, pregnant women, women with children aged under seven, persons of retirement age, as well as for recruited military service persons.

5. Community service may be imposed as an ancillary penalty even when it has not been prescribed as a sentence under the relevant article of this Code.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 893 of 26 December 2008 – LHG I, No 41, 30.12.2008, Art. 317

Law of Georgia No 2697 of 9 March 2010 – LHG I, No 12, 24.3.2010, Art. 70

Law of Georgia No 4430 of 11 March 2011 –web-site, 22.3.2011

Law of Georgia No 6252 of 22 May 2012 – web-site, 29.5.2012

Law of Georgia No 6 504 of 19 June 2012 – web-site, 2.7.2012

Article 45 - Corrective labour

1. Corrective labour shall be imposed for a term of from one month to two years and it shall be served at the place of work of the convicted person.

2. When imposing corrective labour, at least five and not more than twenty percent of the amount established by the judgement shall be deducted from the convicted person's salary in favour of the State.

3. If a convicted person persistently avoids corrective labour, this sentence shall be substituted by restriction of liberty or by imprisonment. In addition, the time during which the convicted person was serving this sentence, shall be counted towards the term imprisonment or restriction of liberty, based on the following calculation: one day of corrective labour - one day of restriction of liberty; three days of corrective labour - one day of imprisonment.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 46 - Service restriction of military person

1. Service restrictions for military personnel shall be imposed on a military person for committing the crime against military service provided for by the special section of this Code, also on a military servant convicted of another crime instead of the corrective labour provided for under the relevant article of this Code.

2. Service restrictions for military personnel shall be imposed for a term of from three months to two years.

3. When imposing service restrictions for military personnel, not more than twenty percent of the amount established under the judgement shall be deducted from the convicted person's salary in favour of the State. When serving this sentence, the convicted person may not be promoted or granted a higher military rank. The term of sentence shall not be counted towards the term of service for granting him/her the next military rank.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Article 47 - Restriction of liberty

1. Restriction of liberty shall mean the placement of a convicted person who, at the time when the judgement is delivered, has attained the age of 14 years, in a liberty restriction facility without isolation from the society and under supervision.

2. Restriction of liberty shall be imposed on a person with no previous convictions for a term of from one to five years.

3. If imprisonment, community service or corrective labour is substituted by the restriction of liberty, it may be imposed for a term of less than one year.

4. If a convicted person persistently avoids the restriction of liberty, this sentence shall be substituted by imprisonment, the term of which shall be the same as the term of the restriction of liberty established by the judgement. In addition, the time during which the convicted person was serving the sentence shall be counted towards the term imprisonment, based on the following calculation: one day of restriction of liberty - one day of imprisonment.

5. Restriction of liberty shall not be imposed on disabled persons of 1st and 2nd categories, pregnant women, women with a child aged under seven, persons of pension age as well as on persons called up for military service.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 5626 of 27 December 2011 – web-site, 12.1.2012

Article 48 - (Deleted)

Law of Georgia No 2458 of 20 June 2003 – LHG I, No 21, 15.7.2003, Art. 149

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 49 - (Deleted)

Law of Georgia No 649 of 5 December 2000 – LHG I, No 47, 14.12.2000, Art. 134

Article 50 - Fixed term imprisonment

1. Fixed term imprisonment shall mean the isolation of a convicted person from the society and his/her placement in a penitentiary institution provided for by law.

2. Fixed term imprisonment shall be imposed for a term of from six months to twenty years, except as provided for by Article 59 of this Code.

2¹. The Court may impose a sentence that is less than the lowest limit of the sentence prescribed under paragraph 2 of this article provided a plea bargain is concluded between the parties.

3. If community service, corrective labour, restriction of liberty or a fine is substituted by fixed-term imprisonment, it may be imposed for a term of less than six months.

4. (Deleted - 17.4.2013, No546).

5. When imposing a fixed term imprisonment, the court may, by its judgement order the service of a certain part of the sentence and count the other part as a conditional sentence provided the accused (convicted) person admits the crime (unless the person has been caught at the scene of the crime or immediately after the crime has been committed), names accomplices and collaborates with the investigation authorities. If, except for the conclusion of a plea bargain agreement, a particularly serious crime has been committed, a a conditional sentence may be deemed a quarter of the sentence imposed, one third of the sentence, in the case of a serious crime, and half of the sentence, in the case of a less serious crime.

6. (Deleted).

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 2264 of 16 December 2005 – LHG I, No 55, 27.12.2005, Art. 367

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 4213 of 29 December 2006 – LHG I, No 1, 3.1.2007, Art. 16

Law of Georgia No 5196 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 283

Law of Georgia No 2697 of 9 March 2010 – LHG I, No 12, 24.3.2010, Art. 70

Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332

Law of Georgia No 546 of 17 April 2013 – web-site, 8.5.2013

Law of Georgia No 2243 of 16 April 2014 – web-site, 2.5.2014

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 51 - Life imprisonment

1. Life imprisonment may be imposed only for particularly serious crimes.

2. Life imprisonment shall not be imposed on persons who have attained the age of 60 years by the time the judgement is delivered.

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 52 - Confiscation of property

1. Confiscation of property shall mean gratuitous deprivation in favour of the State of the object and/or instrument of the crime or of the article intended for the commission of a crime, and/or of the criminally obtained property.

2. Confiscation of the object and/or instrument of the crime, or of the article intended for the commission of a crime shall mean the deprivation in favour of the State of property owned or rightfully held by the accused or convicted person, which was used for the commission of an intentional crime or of property that was in any form intended for this purpose. The object and/or instrument of the crime, or the article intended for committing a crime shall be confiscated by the court for the commission of all intentional crimes provided for by this Code, when the object and/or the instrument of the crime or the article intended for committing a crime is available and their confiscation is necessary due to public and social interests or for protecting the rights and freedoms of individuals or for preventing new crimes.

3. Confiscation of criminally obtained property shall mean gratuitous deprivation in favour of the State from the convicted person of the criminally acquired property (all property and intangible assets as well as title deeds for property), also of any income from this property or of property that is equivalent in value. The court shall order the confiscation of criminally obtained property for all intentional crimes provided for by this Code, if it can be proved that this property has been obtained criminally.

Law of Georgia No 2361 of 8 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 212

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 2619 of 28 December 2005 – LHG I, No 4, 18.1.2006, Art. 39

Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332

CHAPTER XI - Sentencing

Article 53 - Principles of sentencing

1. The court shall impose a fair sentence on an offender within the scope provided for by the relevant article of the special part of this Code and taking into consideration the provisions of the general part of this Code. A stricter sentence may be imposed only when less severe sentence fails to achieve the goal of the sentence.

2. A sentence more severe than the one provided for by the relevant article of the special part of this Code may be imposed in the case of cumulative crimes and cumulative sentences, according to Articles 59 and 60 of this Code. The grounds for imposing a sentence that is less severe than the one provided for by the relevant article of the special part are defined under Article 55 of this Code.

3. When imposing a sentence, the court shall take into consideration circumstances that mitigate or aggravate liability of the offender, in particular, the motive and goal of the crime, the unlawful intent demonstrated in the act, the character and degree of the breach of obligations, the modus operandi and unlawful consequence of the act, prior history of the offender, personal and financial circumstances, and conduct of the offender after the offence, in particular, the offender's desire to indemnify the damage and reconcile with the victim.

3¹. Commission of a crime on the grounds of race, colour, language, sex, sexual orientation, gender identity, age, religion, political or other beliefs, disability, citizenship, national, ethnic or social origin, material status or rank, place of residence or other discriminatory grounds shall constitute an aggravating circumstance for all the relevant crimes provided for by this Code.

4. If mitigating or aggravating circumstances are considered as a component of corpus delicti under an article or part of an article of the special part of this Code, the same circumstances shall not be taken into account when imposing a sentence.

Law of Georgia No 5925 of 27 March 2012 – web-site, 19.4.2012

Article 54 - Imposing a sentence under mitigating circumstances

If, after committing a crime, the offender appears and pleads guilty, actively assists in the discovery of a crime and there are no aggravating circumstances, the term or measure of the sentence shall not exceed three fourths of the maximum term or measure of the most severe sentence prescribed under the relevant article or part of an article of the special part of this Code.

Article 55 - Imposing more lenient sentences than prescribed by law

The court may impose a sentence that is less than the lowest limit of the measure of a sentence prescribed by the relevant article of this Code, or other, more lenient sentence, if a plea bargain is concluded between the parties.

Law of Georgia No 3295 of 13 February 2004 – LHG I, No 6, 9.3.2004, Art. 22

Law of Georgia No 2352 of 20 December 2005 – LHG I, No 55, 27.12.2005, Art. 374

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 56 - Imposing a sentence for an inchoate crime

1. When imposing a sentence for an inchoate crime, account shall be taken of the circumstances due to which the crime was not completed.

2. (Deleted).

3. (Deleted).

4. Life imprisonment may not be imposed for the preparation or attempt of a crime.

Law of Georgia No 4213 of 29 December 2006 – LHG I, No 1, 3.1.2007, Art. 16

Article 57 - Imposing a sentence for complicity in or perpetration of a crime

1. When imposing a sentence for complicity in or perpetration of a crime, account shall be taken of the character and degree of the actual participation of the person, importance of his/her participation for the accomplishment of the goal of the crime, his/her influence on the character and degree of the caused or potential damage.

2. Mitigating or aggravating circumstances that relate to the personality of one of the accomplices or the principal shall be taken into consideration only when imposing a sentence on this accomplice or principal.

Article 58 - Imposing a sentence in cases of recidivism

1. When imposing a fixed term imprisonment for recidivism the term of the sentence to be served shall exceed at least by one year the minimum term of the sentence prescribed for this crime under the relevant article or part of an article of this Code.

2. If an article or part of an article of the special part of this Code refers to conviction as an element qualifying the crime, as well as in case of circumstances provided for by Article 55 or Article 63(1) of this Code, the procedure prescribed under paragraph 1 of this article shall not be taken into consideration when imposing a sentence for recidivism.

Law of Georgia No 4785 of 23 May 2007 – LHG I, No 19, 1.6.2007, Art. 166

Law of Georgia No 5035 of 22 June 2007 – LHG I, No 26, 11.7.2007, Art. 242

Article 59 - Imposing a sentence in the case of cumulative crimes and cumulative sentences

1. In the case of cumulative crimes the sentence shall be imposed for each individual crime.

2. When imposing a final sentence for cumulative crimes, the more severe sentence shall absorb the less severe sentence, while when imposing equal sentences, one sentence shall absorb the other sentence.

3. In the case of recidivism, when imposing a final sentence for cumulative crimes, a more severe sentence shall absorb a less lenient sentence, or the sentences prescribed for these crimes shall be added up in part or in full. In the case of recidivism, the term of imprisonment imposed as a final sentence may not exceed 30 years.

4. A sentence shall be imposed in the manner provided for by paragraphs 2 or 3 of this article if after delivering a judgment it is established that the convicted person is also guilty of another crime, which he/she committed before a judgement was delivered on the first case. In this case, the sentence that has been served in full or in part under the first judgement shall be considered to be the final sentence.

5. When imposing a sentence in the case of cumulative crimes, the court shall, fully or partially, add to the sentence imposed under the latest judgement the outstanding part of the sentence imposed under the previous judgement, or the sentence imposed under the latest judgement shall absorb the outstanding part of the sentence imposed under the previous sentence.

6. The final sentence imposed in the case of cumulative sentences shall be calculated from the day when the final judgement is delivered, except when the probation period for the conditional sentence imposed on the convicted person under the previous judgement has not expired by the time the last crime is committed. In this case, the sentence shall be calculated from the day when the person was detained for committing the crime provided for by the latest judgement. In the case of cumulative sentences, the term of imprisonment imposed as the final sentence may not exceed 35 years.

7. In the case of cumulative crimes or sentences, the extent of the final sentence, if it is more lenient than imprisonment, may not exceed the maximum extent prescribed under the general part of this Code for the given type of sentence.

8. In the case of cumulative crimes or sentences, an ancillary penalty may be imposed along with the main penalty. The final ancillary penalty imposed at the time of cumulation may not exceed the maximum extent prescribed under the general part of this Code for the given type of sentence

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 4213 of 29 December 2006 – LHG I, No 1, 3.1.2007, Art. 16

Law of Georgia No 2644 of 23 February 2010 – LHG I, No 9, 15.3.2010, Art. 34

Law of Georgia No 546 of 17 April 2013 – web-site, 8.5.2013

Article 60 - (Deleted)

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 4213 of 29 December 2006 – LHG I, No 1, 3.1.2007, Art. 16

Article 61 - Accumulation of sentences

1. When summing up sentences in the case of cumulative crimes and cumulative sentences, on day of imprisonment shall be equal to:

a) two days of restriction of liberty;

b) three days of corrective labour or service restrictions for military personnel;

c) five hours of community service.

2. A fine or deprivation of the right to hold an official position or carry out a particular activity, when added to the restriction of liberty or imprisonment, shall apply independently.

Law of Georgia No 649 of 5 December 2000 – LHG I, No 47, 14.12.2000, Art. 134

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 4213 of 29 December 2006 – LHG I, No 1, 3.1.2007, Art. 16

Law of Georgia No 4430 of 11 March 2011 – web-site, 22.3.2011

Article 62 - Calculation of the term of a sentence and credit towards the sentence

1. The term for the deprivation of the right to hold an official position or carry out a particular activity, for corrective labour, service restrictions for military personnel, restriction of liberty and imprisonment shall be calculated in years and months, while the term for community service, in hours, except when a plea bargain is concluded between the parties.

2. When altering and accumulating sentences provided for by paragraph 1 of this article, as well as when crediting sentences, the term of the sentence may be calculated in days.

3. The term of detention pending trial shall be counted towards the term of the sentence, based on the following calculation: one day of detention - one day of imprisonment, two days of restriction of liberty, three days of corrective labour or service restrictions for military personnel, five hours of community service.

4. The term of detention before the entry into force of the judgement on the crime committed abroad, as well as the term of imprisonment served under the judgement, in the case of extraditing a person for enforcement of the judgement under Article 6 of this Code shall be counted in the following manner: one day for one day.

5. If a person detained pending the trial is imposed, in the form of the main penalty, a fine or deprivation of the right to hold an official position or carry out a particular activity, the court, taking into consideration the term of detention pending trial, shall mitigate the sentence imposed or completely release the person from it.

Law of Georgia No 649 of 5 December 2000 – LHG I, No 47, 14.12.2000, Art. 134

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 4213 of 29 December 2006 – LHG I, No 1, 3.1.2007, Art. 16

Law of Georgia No 893 of 26 December 2008 – LHG I, No 41, 30.12.2008, Art. 317

Law of Georgia No 4430 of 11 March 2011 – web-site, 22.3.2011

Law of Georgia No 6 504 of 19 June 2012 – web-site, 2.7.2012

CHAPTER XII - Conditional sentence

Article 63 - Grounds for imposing conditional sentences

1. If a plea bargain is concluded between the parties, the court may rule that the sentence imposed be considered conditional.

2. If the convicted person has committed a particularly serious or intentional serious crime, the sentence imposed may not be considered a conditional sentence.

3. If the convicted person has committed a less serious crime or a crime of negligence and he/she admits it and/or collaborates with investigative authorities, the court may rule that the sentence imposed be considered as a conditional sentence, unless the convicted person had previous conviction for particularly serious or intentional serious crime in the past.

4. If the convicted person has previous conviction for committing two or more intentional serious crimes in the past, the imposed sentence may not be considered as conditional.

5. (Deleted – 12.6.2016, No 3714).

6. In the case of a conditional sentence, an ancillary penalty may be imposed.

Law of Georgia No 649 of 5 December 2000 – LHG I, No 47, 14.12.2000, Art. 134

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 64 - Probation period

In the case of the circumstances provided for by Articles 50(5) and 63 of this Code, the court shall prescribe a probation period during which the convicted person may not commit a new crime and shall fulfil the obligation assigned. When imposing a sentence that is more lenient than imprisonment, the probation period shall be at least one year and not longer than three years, when imposing imprisonment, at least one year and not longer than six years, and when imposing the final sentence based on the accumulation of sentences in the case of cumulative crimes and cumulative sentences,- at least two years and not longer than six years.

Law of Georgia No 2644 of 23 February 2010 – LHG I, No 9, 15.3.2010, Art. 34

Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332

Law of Georgia No 1471 of 4 October 2013 – web-site, 16.10.2013

Article 65 - Imposition of obligations

In the case of conditional sentence, if there are relevant grounds, the court may impose on the convicted person certain obligations: not to change permanent place of residence without the permission of the Probation Bureau, not to establish relationships with persons who may engage him/her in anti-social activities, not to visit a particular place, to provide material support to the family, to undergo a treatment course for alcoholism, drug addiction, toxic addiction or venereal disease, and if the convicted person has committed a domestic crime, to undergo a mandatory training course directed at changing violent behaviour and conduct. The court may also impose on the convicted person other obligations which will help to correct him/her.

Law of Georgia No 945 of 19 June 2001 – LHG I, No 20, 3.7.2001, Art. 75

Law of Georgia No 2160 of 7 May 2003 – LHG I, No 13, 2.6.2003, Art. 72

Law of Georgia No 2704 of 17 October 2014 – web-site, 31.10.2014

Article 66 - Monitoring and assistance

1. The Probation Bureau shall monitor the conduct of a probationer and assist him/her. This agency shall supervise the fulfilment of obligations imposed on a person, and immediately notify the court of their non-fulfilment.

2. The functions provided for by paragraph 1 of this article shall be performed with regard to a military service person on probation by the administration of the military unit.

3. During the probation period, the court may, on the recommendation of the body responsible for monitoring and assisting the probationer, cancel, in full or in part, the obligation imposed on the probationer, or impose a new obligation on him/her.

Law of Georgia No 945 of 19 June 2001 – LHG I, No 20, 3.7.2001, Art. 75

Law of Georgia No 2160 of 7 May 2003 – LHG I, No 13, 2.6.2003, Art. 72

Article 67 - Lifting a conditional sentence or extending/reducing the probation period

1. If, after the lapse of at least half of the probation period, the probationer proves his/her correction by his/her conduct, the Standing Commission on Revocation of Conditional Sentences operating under the National Agency for Enforcement of Non-custodial Sentences and Probation - the legal entity under public law under the Ministry of Corrections and Legal assistance of Georgia shall, based on the petition of the agency responsible for monitoring and assisting convicted persons, make a decision on revoking a conditional sentence and removing the previous conviction of the probationer.

1¹. A probationer may be released from a conditional sentence as provided for by paragraph 1 of this article and may have his/her previous conviction removed due to his/her health status, even before the expiration of the half of the probation period.

2. Taking into consideration the conduct of the probationer, the court, on the recommendation of the agency referred to in paragraph 1 of this article, may extend (for not longer than one year) or reduce the probation period.

3. If, during the probation period, the probationer systematically or persistently avoids the fulfilment of the assigned obligations, the court may, on the recommendation of the agency referred to in paragraph 1 of this article, order the revocation of the conditional sentence and the enforcement of the sentence imposed under the judgement.

4. If during the probation period the probationer commits a crime of negligence, the court shall decide whether to revoke the conditional sentence or leave it in force.

5. If, during the probation period, the probationer commits an intentional crime, the court shall revoke the conditional sentence and impose a sentence on the convicted person under Article 59 of this Code. The same procedure shall apply when imposing a sentence in cases provided for by paragraph 4 of this article. As an exception, a conditional sentence may be imposed when concluding a plea bargain under Chapter XXI of the Criminal Procedural Code of Georgia, which shall be agreed with the Chief Prosecutor or Deputy Chief Prosecutor of Georgia.

Law of Georgia No 4213 of 29 December 2006 – LHG I, No 1, 3.1.2007, Art. 16

Law of Georgia No 466 of 1 November 2008 – LHG I, No 30, 7.11.2008, Art. 186

Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332

Law of Georgia No 5266 of 11 November 2011 – web-site, 24.11.2011

Law of Georgia No 5924 of 27 March 2012 – web-site, 19.4.2012

Law of Georgia No 1796 of 13 December 2013 – web-site, 28.12.2013

Article 67¹ - Civil law agreement

1. The agency referred to in Article 67(1) may revoke a conditional sentence and remove the previous conviction of the probationer before half of the probation period expires if the prosecutor has concluded a civil law agreement with the probationer and the probationer duly fulfilled the obligations imposed under the civil law agreement, and if there exist no grounds provided for under Article 67(3-5) and if, under Article 67(2), the court has not decided to extend the probation period.

2. The prosecutor may, taking into consideration the conduct of the probationer, conclude a civil law agreement with the probationer, if he/she is willing and able to share his/her knowledge and experience in a certain field with others. The civil law agreement shall set for the obligations of the probationer and the time limits within which these obligations are to be fulfilled and after the expiration of which the conditional sentence may be revoked and the record of conviction of the probationer may be removed.

3. The Probation Bureau shall supervise the fulfilment of obligations undertaken by the probationer under the civil law agreement. The Probation Bureau shall periodically provide the prosecutor with information on the performance of the terms of this agreement.

Law of Georgia No 6252 of 22 May 2012 – web-site, 29.5.2012

SECTION FOUR

RELEASING FROM CRIMINAL LIABILITY AND PUNISHMENT

CHAPTER XIII - Releasing from Criminal Liability

Article 68 - Releasing from criminal liability due to active repentance

1. A person who has, for the first time, committed a crime for which the maximum sentence provided for by an article or part of an article of the special part of this Code does not exceed three years of imprisonment, may be released from criminal liability, if, after committing the crime, he/she voluntarily appears and admits his/her guilty, assists in the discovery of the crime and indemnifies the damage.

2. A person who has committed a crime of any other category, may be released from criminal liability, if so provided for by the relevant article of the special part of this Code.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Article 69 - (Deleted)

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332

Article 70 - Releasing from criminal liability due to changed circumstances

The offender may be released from criminal liability if it is established that it is not expedient to impose criminal liability for the given act due to the changed circumstances.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Article 70¹ - Releasing from criminal liability due to the collaboration of the accused with investigative authorities

In exceptional cases, when the collaboration of the accused with investigative authorities has revealed the identity of an official and/or person(s) who has (have) committed a particularly serious crime, and the accused directly participated in the creation of essential conditions required for the discovery of the crime, the court may release the accused from criminal liability.

Law of Georgia No 3295 of 13 February 2004 – LHG I, No 6, 9.3.2004, Art. 22

Article 71 - Releasing from criminal liability due to the expiration of the period of limitation

1. A person shall be released from criminal liability, if:

a) two years have passed after the commission of the crime for which the maximum sentence prescribed by the special part of this Code does not exceed a two-year term of imprisonment;

b) six years have passed after the commission of another, less serious crime;

c) 10 years have passed after the commission of a serious crime;

c¹) 15 years have passed after the crimes provided for by Articles 332-342¹ of this Code, unless they constitute particularly serious crimes;

d) 25 years have passed after the commission of a serious crime.

2. The period of limitation shall be calculated starting from the day when the crime is committed up to the day when formal charges are brought against the person. If a new crime is committed, the period of limitation shall be calculated for each individual crime.

3. The period of limitation shall be suspended if the offender has absconded during the investigation or trial. In this case, the flow of the period of limitation shall be resumed upon the detention of the offender is detained or his/her appearance with the confession of guilt.

4. The court shall decide whether to apply the period of limitation to a person sentenced to life imprisonment. If the court considers it impossible to apply the period of limitation, life imprisonment shall be substituted by a fixed term imprisonment.

5. The period of limitation shall not apply in cases prescribed under the treaties to which Georgia is a party.

5¹. The period of limitation shall not apply to acts provided for by Articles 144¹−144³.

6. The period of limitation shall be suspended for the period during which the person is protected by immunity.

7. Except for the cases provided for by paragraphs 3 and 6 of this article, the period of limitation shall also be suspended during the time when the procedural actions prescribed by Article 16(2) of the Law of Georgia on International Cooperation in Criminal Law cannot be applied to a person extradited to Georgia.

8. When criminal case materials and their duly certified copies are transmitted for their use in subsequent legal proceedings in Georgia according to Article 42 of the Law of Georgia on International Cooperation in Criminal Law, the grounds provided for by the legislation of the foreign country for suspending the period of limitation shall be taken into consideration by the agency in Georgia responsible for the proceedings only if these grounds are similar to the grounds provided for by this article for suspending the period of limitation.

Law of Georgia No 333 of 30 May 2000 – LHG I, No 20, 31.5.2000, Art. 51

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332

Law of Georgia No 59 of 1 December 2016 – web-site, 13.12.2016

CHAPTER XIV - Release from Punishment

Article 72 - Release on parole

1. A person who has been imposed community service, corrective labour, service restrictions for military personnel or restriction of liberty, may be released on parole if the court considers that serving of the full sentence is no longer required for his/her correction, and if the person has been sentenced to imprisonment, he/she may be released on parole if the Local Council of the Ministry of Corrections and Legal Assistance considers that serving of the full sentence is no longer required for his/her correction. In addition, this person may in full or in part be released from serving the ancillary penalty.

2. When released on parole, the convicted person may be imposed the obligation provided for by Article 65 of this Code, which he/she shall fulfil during the period of the outstanding sentence.

3. A convicted person may be released on parole only when he/she has actually served:

a) at least half of the term of the sentence for a less serious crime;

b) at least two thirds of the term of the sentence for a serious crime;

c) at least three fourths of the term of the sentence for a particularly serious crime;

d) three fourths of the term of the sentence that has been imposed to the person who has previously been released on parole and the release on parole was revoked under paragraph 6 of this article.

4. The term of imprisonment actually served by the convicted person shall be at least six months.

5. The conduct of a convicted person who has been released on parole shall be monitored by the duly authorised enforcement bureau, and the conduct of the military servant, by the military unit's administration.

6. If, during the outstanding term of the sentence, the convicted person:

a) persistently avoids the fulfilment of the obligation imposed on him/her upon release on parole, the court may, on the recommendation of the authorities referred to in paragraph 5 of this article, revoke the parole and order the service of the outstanding sentence;

b) commits a crime of negligence, the court shall decide whether to revoke the parole or leave it in force;

c) commits an intentional crime, the court shall impose on him/her a sentence as prescribed under Article 59 of this Code. A sentence for a crime of negligent shall be imposed in the same manner if the court revokes the parole.

7. A convicted person may be released from life imprisonment if he/she has actually served twenty years of imprisonment and if the Local Council of the Ministry of Corrections and Legal Assistance of Georgia considers that it is no longer required that the convicted person continue serving the sentence.

8. For a convicted person who is released on parole from a sentence imposed in the form of community service provided for by Article 73(3) of this Code the term of the sentence actually served in the form of community service shall be counted towards the term provided for by paragraph 3 of this article, based on the following calculation: five hours of community service - one day of imprisonment.

9. For a convicted person who is released on parole from the sentence imposed in the form of restriction of liberty provided for by Article 73(3¹) of this Code, the term of the sentence actually served in the form of restriction of liberty shall be counted towards the term provided for by paragraph 3 of this article, based on the following calculation: one day of restriction of liberty - one day of imprisonment.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 649 of 5 December 2000 – LHG I, No 47, 14.12.2000, Art. 134

Law of Georgia No 945 of 19 June 2001 – LHG I, No 20, 3.7.2001, Art. 75

Law of Georgia No 2619 of 28 December 2005 – LHG I, No 4, 18.1.2006, Art. 39

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 893 of 26 December 2008 – LHG I, No 41, 30.12.2008, Art. 317

Law of Georgia No 2697 of 9 March 2010 – LHG I, No 12, 24.3.2010, Art. 70

Law of Georgia No 4630 of 5 May 2011 – web-site, 19.5.2011

Law of Georgia No 5626 of 27 December 2011 – web-site, 12.1.2012

Law of Georgia No 6 504 of 19 June 2012 – web-site, 2.7.2012

Law of Georgia No 1796 of 13 December 2013 –web-site, 28.12.2013

Law of Georgia No 2757 of 31 October 2014 – web-site, 11.11.2014

Article 73 - Commutation of the outstanding sentence

1. The Local Council of the Ministry of Corrections and Legal Assistance of Georgia may substitute the outstanding sentence of the person sentenced to imprisonment for less serious crime by a more lenient sentence, based on his/her conduct during the service of the sentence. In addition, this person may in full or in part be released from serving the ancillary penalty (except for confiscation of property).

2. The outstanding sentence may be substituted by a more lenient sentence only if the convicted person has actually served at least one third of the term of the sentence.

3. The Local Council of the Ministry of Corrections and Legal Assistance of Georgia may substitute the outstanding sentence of a person sentenced to imprisonment by a community service based his/her consent. In this case, the provisions of Article 44 (except for paragraphs 1 and 2) of this Code shall not apply. In addition, a convicted person may, in full or in part, be released from serving the ancillary penalty (except for confiscation of property).

3. The Local Council of the Ministry of Corrections and Legal Assistance of Georgia may substitute the outstanding sentence of a person sentenced to imprisonment by restriction of liberty, which the convict will serve in a liberty restriction facility. In this case, provisions of Article 47 (4 and 5) of this Code shall not apply. In addition, a convicted person may, in full or in part, be released from serving the ancillary penalty (except for confiscation of property).

4. The outstanding sentence of the convicted person specified in paragraphs 3 and 3¹ of this article may be substituted by community service or restriction of liberty only if he/she has actually served:

a) at least one third of the term of sentence to be served for a less serious crime;

b) at least half of the term of sentence to be served for a serious crime;

c) at least two thirds of the term of sentence to be served for a particularly serious crime;

d) two thirds of the term of sentence that has been imposed on the person who was previously released on parole under Article 72(6) of this Code.

5. (Deleted – 12.6.2016, No 3714).

6. The term of actually served term of imprisonment of the convicted person specified in paragraphs 3 or 3¹ of this article shall be at least three months.

7. Life imprisonment of the convicted person may be substituted by a community service or restriction of liberty if he/she has actually served 15 years of imprisonment and if the Local Council of the Ministry of Corrections and Legal Assistance of Georgia considers that it is longer required that the convict continue serving this sentence.

8. If part of the sentence of imprisonment imposed on a convicted person specified in paragraphs 3 or 3¹ of this article has been deemed as conditional, the probation period shall commence from the day when the community service or restriction of liberty imposed as a sentence has been served.

9. The conduct of the convicted person specified in paragraphs 3 or 3¹ of this article shall be monitored by the duly authorised probation bureau.

10. If, when serving community service, the convicted person specified in paragraph 3 of this article:

a) persistently avoids community service, or serving of the sentence is not expedient due to any other reasons, the court may, on the recommendation of the Probation Bureau, rule that the community service be revoked and the outstanding sentence of imprisonment be enforced;

b) commits a crime of negligence, the court shall decide whether to revoke the community service or leave it in force;

c) commits an intentional crime, the court shall revoke the community service and impose a sentence to the convicted person under Article 59. A sentence for a crime of negligence shall be imposed in the same manner if the court revokes the community service. In exceptional cases, community service may be imposed only at the time of the conclusion of a plea bargain between the parties under Chapter XXI of the Criminal Procedural Code of Georgia, which shall be agreed with the Chief Prosecutor or Deputy Chief Prosecutor of Georgia.

11. In cases specified in paragraph 10 of this article, the period during which the convicted person served community service shall be included in the term of imprisonment, based on the following calculation: five hours of community service - one day of imprisonment.

12. If, when serving the restriction of liberty, the convicted person specified in paragraph 3¹ of this article:

a) persistently avoids the fulfilment of the obligation imposed, or further service of the sentence is not expedient due to any other reasons, the court may, on the recommendation of the liberty restriction facility order that the restriction of liberty be revoked and the outstanding sentence of imprisonment be enforced;

b) commits a crime of negligence, the court shall decide whether to revoke restriction of liberty or leave it in force;

c) commits an intentional crime, the court shall revoke the restriction of liberty and impose a sentence on the convicted person under Article 59. A sentence for a crime of negligence shall be imposed in the same manner if the court revokes the restriction of liberty. As an exception, imprisonment may only be applied when concluding a plea bargain between the parties under Chapter XXI of the Criminal Procedural Code of Georgia, which shall be agreed with the Chief Prosecutor or Deputy Chief Prosecutor of Georgia.

13. In cases specified in paragraph 12 of this article, the period during which the convicted person served the restriction of liberty shall be included in the term of imprisonment, based on the following calculation: one day of restriction of liberty - one day of imprisonment.

14. In cases specified in paragraph 12 of this article, the court decision may be appealed in accordance with the legislation of Georgia.

Law of Georgia No 2619 of 28 December 2005 – LHG I, No 4, 18.1.2006, Art. 39

Law of Georgia No 893 of 26 December 2008 – LHG I, No 41, 30.12.2008, Art. 317

Law of Georgia No 1398 of 11 July 2009 – LHG I, No 20, 28.7.2009, Art. 94

Law of Georgia No 2697 of 9 March 2010 – LHG I, No 12, 24.3.2010, Art. 70

Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332

Law of Georgia No 5626 of 27 December 2011 – web-site, 12.1.2012

Law of Georgia No 6 504 of 19 June 2012 – web-site, 2.7.2012

Law of Georgia No 1796 of 13 December 2013 – web-site, 28.12.2013

Law of Georgia No 2757 of 31 October 2014 – web-site, 11.11.2014

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 73¹ - Review of the sentence of a person sentenced to imprisonment as a result of his/her collaboration with investigative authorities

1. In exceptional cases, when the identity of an official and/or of a person who has committed a particularly serious crime is revealed as a result of the collaboration with investigative authorities of a person sentenced to imprisonment, and if this person assists in the creation of essential conditions for the discovery of the crime, the Chief Prosecutor of Georgia may file a motion with the court requesting the review of the sentence imposed on the convicted person.

2. If the motion is granted, the court shall deliver the relevant decision to reduce the term of the sentence or to change the type of the sentence or to fully exempt the convicted person from the sentence.

3. A convicted person may not be fully exempted from the sentence in the criminal cases provided for by Articles 144¹, 144² and 144³of this Code.

Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332

Article 74 - releasing from punishment due to illness or old age

1. (Deleted).

2. A court, and in the case of a sentence of imprisonment, the joint standing commission of the Ministry of Corrections and Legal Assistance and the Ministry of Labour, Health and Social Affairs of Georgia, may release from punishment a person who, before or after committing the crime, becomes seriously ill, which prevents him/her from serving the sentence.

3. (Deleted).

4. In the case of the recovery of the person specified in paragraph 2 of this article, he/she may be held criminally liable and sentenced again, unless the periods of limitation provided for by Articles 71 and 76 of this Code have expired.

5. A court, and in the case of a sentence of imprisonment, the joint standing commission of the Ministry of Corrections and Legal Assistance and the Ministry of Labour, Health and Social Affairs of Georgia, may exempt from further service of the sentence a person who, when serving the sentence, attained an old age (women – from 65 years, men – from 70 years), provided they are not sentenced to life imprisonment and have served at least half of the sentence.

6. The grounds for releasing from punishment prescribed by this article shall not apply to the sentence under Article 40(1)(i).

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 649 of 5 December 2000 – LHG I, No 47, 14.12.2000, Art. 134

Law of Georgia No 1629 of 4 July 2007 – LHG I, No 23, 24.7.2002, Art. 114

Law of Georgia No 2619 of 28 December 2005 – LHG I, No 4, 18.1.2006, Art. 39

Law of Georgia No 5181 of 3 July 2007 – LHG I. No 28, 18.7.2007, Art. 278

Law of Georgia No 2697 of 9 March 2010 – LHG I, No 12, 24.3.2010, Art. 70

Law of Georgia No 1796 of 13 December 2013 – web-site, 28.12.2013

Law of Georgia No 2243 of 16 April 2014 – web-site, 2.5.2014

Article 75 - Deferral of serving of a sentence by pregnant women

1. A court may defer the serving of a sentence for a pregnant woman for up to a year after the labour.

2. If, after being warned by the Probation Bureau, a convicted person reject the child or evades nurturing of the child, the court may, upon the recommendation of the Probation Bureau, vacate the deferral of serving the sentence and send the convicted person to serve the sentence at the place assigned under the judgement.

3. When the child attains the age of one year, the court shall exempt the convicted person from serving the outstanding sentence or substitute the outstanding sentence with a more lenient sentence or deliver a decision to return the convicted person to the respective institution to serve the outstanding sentence.

4. If during the period of deferral of serving the sentence, the convicted person commits a new crime, the court shall impose punishment on him/her under Article 61 of this Code.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 945 of 19 June 2001 – LHG I, No 20, 3.7.2001, Art. 75

Law of Georgia No 2160 of 7 May 2003 – LHG I, No 13, 2.6.2003, Art. 7

Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332

Article 76 - Relief from serving the punishment due to the expiry of periods of limitation of judgement of conviction

1. A convicted person shall be released from the serving of the sentence if the judgement of conviction that has entered into force is not enforced within the following time limits:

a) two years from the commission of a crime for which the maximum sentence imposed under the special part of this Code does not exceed two-years of imprisonment;

b) six years in the event of conviction for other, less serious crime;

c) 10 years in the event of conviction for a serious crime;

d) 15 years in the event of conviction for a particularly serious crime.

2. The running of the period of limitation shall be suspended if the convicted person evades serving the sentence. In this case, the period of limitation shall be resumed from the moment the convicted person is detained or admits his/her guilt. The time elapsed until the avoidance of serving the sentence shall be counted towards the period of limitation.

3. The court shall decide whether to apply the period of limitation to a person sentenced to life imprisonment. If the court considers it impossible to apply the period of limitation, life imprisonment shall be substituted by a fixed term imprisonment.

4. The period of limitation shall not apply in cases prescribed under the treaties to which Georgia is a party.

5. The running of the period of limitation shall be suspended for the period during which the person is protected by immunity.

6. Except for the cases provided for by paragraphs 2, 4 and 5 of this article, the running of the period of limitation shall also be suspended for the period during which it is impossible to apply the procedural actions prescribed by Article 16(2) of the Law of Georgia on International Cooperation in Criminal Law to a person extradited to Georgia.

7. When a judgement passed by an authorised foreign court is transmitted to Georgia for enforcement under Chapter VI of the Law of Georgia on International Cooperation in Criminal Law, the relevant authorities of Georgia shall take into consideration the grounds for suspending the running of the period of limitation only if they are similar to the grounds for suspending the running of the period of limitation provided for by this article.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332

CHAPTER XV - Amnesty, Pardon, Record of Conviction

Article 77 - Amnesty

1. Amnesty shall be declared by the Parliament of Georgia with respect to an individually unspecified group of people.

2. Under an act of amnesty, an offender may be released from criminal liability and a convicted person may be exempted from punishment or the sentence imposed on him/her may be reduced or substituted by a more lenient punishment.

3. Under an act of amnesty, the record of conviction may be removed from persons who have served the sentence.

Article 78 - Pardon

1. Pardon shall be granted by the President of Georgia to individually a specific person.

2. Under an act of pardon, a convicted person may be released from further serving the sentence, or the sentence imposed on him/her may be reduced or substituted by a more lenient sentence.

3. Under an act of pardon, the record of conviction may be removed from a person who has served the sentence.

Article 79 - Record of conviction

1. A convicted person shall be considered to have a record of conviction from the day of entry into force of the judgment of conviction up to the moment when the record of conviction is cancelled or removed. The record of conviction shall be taken into consideration when making a decision on matters relating to criminal liability, qualification of crime and measures of correction and prevention.

2. The person relieved from punishment shall be considered no to have a record of conviction.

3. A record of conviction shall be cancelled with respect to:

a) probationers - after the probation period expires;

b) persons sentenced to a milder punishment than imprisonment – upon expiry of one year after serving the sentence;

c) persons sentenced to imprisonment for a less serious crime – upon expiry of three years after serving the sentence;

d) persons sentenced to imprisonment for a serious crime – upon expiry of six years after serving the sentence;

e) persons sentenced to imprisonment for a particularly serious crime – upon expiry of eight years after serving the sentence.

4. If a convicted person is released on parole in accordance with the law or if his/her outstanding sentence has been substituted by a more lenient sentence, the time limit for the cancellation of the record of conviction shall be calculated accordingly from the actually served sentence or from the moment of serving a more lenient punishment (main and ancillary).

5. If, after serving the sentence, the convicted person's conduct is impeccable, the court may, at his/her request, remove his/her record of conviction before the expiry of the term for the cancellation of the record of conviction.

6. Cancelled or removed conviction shall not be taken into consideration when deciding matters relating to criminal liability, qualification of a crime and coercive measures.

SECTION FIVE

(Deleted)

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

CHAPTER XVI – (Deleted)

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 80 – (Deleted)

Law of Georgia No 4785 of 23 May 2007 – LHG I, No 19, 1.6.2007, Art. 166

Law of Georgia No 2641 of 23 February 2010 – LHG I, No 9, 15.3.2010, Art. 31

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 81 – (Deleted)

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 82 – (Deleted)

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 2458 of 20 June 2003 – LHG I, No 21, 15.7.2003, Art. 149

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 83 – (Deleted)

Law of Georgia No 4213 of 29 December 2006 – LHG I, No 1, 3.1.2007, Art. 16

Law of Georgia No 5196 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 283

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 84 – (Deleted)

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 85 – (Deleted)

Law of Georgia No 893 of 26 December 2008 – LHG I, No 41, 30.12.2008, Art. 317

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 86 – (Deleted)

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 86¹ – (Deleted)

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 87 - (Deleted)

Law of Georgia No 2458 of 20 June 2003 – LHG I, No 21, 15.7.2003, Art. 149

Article 88 – (Deleted)

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 5196 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 283

Law of Georgia No 2641 of 23 February 2010 – LHG I, No 9, 15.3.2010, Art. 31

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 89 – (Deleted)

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

CHAPTER XVII – (Deleted)

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 89¹ - (Deleted)

Law of Georgia No 2458 of 20 June 2003 – LHG I, No 21, 15.7.2003, Art. 149

Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332

Article 90 – (Deleted)

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 91 – (Deleted)

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 92 – (Deleted)

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 93 – (Deleted)

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 94 – (Deleted)

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 95 – (Deleted)

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 96 – (Deleted)

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 97 – (Deleted)

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 98 – (Deleted)

Law of Georgia No 893 of 26 December 2008 – LHG I, No 41, 30.12.2008, Art. 317

Law of Georgia No 2697 of 9 March 2010 – LHG I, No 12, 24.3.2010, Art. 70

Law of Georgia No 5626 of 27 December 2011 – web-site, 12.1.2012

Law of Georgia No 6 504 of 19 June 2012 – web-site, 2.7.2012

Law of Georgia No 1796 of 13 December 2013 – web-site, 28.12.2013

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 99 – (Deleted)

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

Article 100 – (Deleted)

Law of Georgia No 5196 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 283

Law of Georgia No 3714 of 12 June 2015 – website, 24.6.2015

SECTION SIX (Deleted)

Law of Georgia No 5181 of 3 July 2007 – LHG I. No 28, 18.7.2007, Art. 278

CHAPTER XVIII - (Deleted)

Law of Georgia No 5181 of 3 July 2007 – LHG I. No 28, 18.7.2007, Art. 278

Article 101 - (Deleted)

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 5181 of 3 July 2007 – LHG I. No 28, 18.7.2007, Art. 278

Article 102 - (Deleted)

Law of Georgia No 5181 of 3 July 2007 – LHG I. No 28, 18.7.2007, Art. 278

Article 103 - (Deleted)

Law of Georgia No 5181 of 3 July 2007 – LHG I. No 28, 18.7.2007, Art. 278

Article 104 - (Deleted)

Law of Georgia No 2264 of 16 December 2005 – LHG I, No 55, 27.12.2005, Art. 367

Law of Georgia No 5181 of 3 July 2007 – LHG I. No 28, 18.7.2007, Art. 278

Article 105 - (Deleted)

Law of Georgia No 2264 of 16 December 2005 – LHG I, No 55, 27.12.2005, Art. 367

Law of Georgia No 5181 of 3 July 2007 – LHG I. No 28, 18.7.2007, Art. 278

Article 106 - (Deleted)

Law of Georgia No 5181 of 3 July 2007 – LHG I. No 28, 18.7.2007, Art. 278

Article 107 - (Deleted)

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 2264 of 16 December 2005 – LHG I, No 55, 27.12.2005, Art. 367

Law of Georgia No 5181 of 3 July 2007 – LHG I. No 28, 18.7.2007, Art. 278

SECTION SIX¹

CRIMINAL LIABILITY OF LEGAL PERSONS

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

CHAPTER XVIII¹ - Criminal Liability of Legal Persons, Types of Punishment, Procedures and Terms for their Application

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Article 107¹ - Grounds for criminal liability of a legal person

1. The provisions prescribed under this Code shall apply to legal persons. For the purposes of this Code, a legal person shall mean an entrepreneurial (commercial) or non-entrepreneurial (non-commercial) legal person (his/her legal successor).

2. A legal person shall be criminally liable for a crime provided for by this Code and committed on behalf of or through and/or in favour of the legal person, by the responsible person.

3. The responsible person referred to in paragraph 2 of this article shall be a person responsible for the management and representation of the legal person and for making decisions on behalf of the legal person, and/or a member of the supervisory, monitoring or audit body of the legal person.

4. A legal person shall be criminally liable also when the crime has been committed on behalf of or through and/or in favour of the legal person, regardless of whether or not the identity of the natural person who committed the crime has been established.

4¹. A legal person shall be criminally liable also if, due to the improper performance of supervision and monitoring by the responsible person specified in paragraph 3 of this article, the physical person under the subordination of the legal person was able to commit the crime in favour of the legal person.

5. Releasing the responsible person from criminal liability shall not serve as grounds for releasing the legal person from criminal liability.

6. Criminal liability of a legal person shall not exclude criminal liability of the natural person with respect to the same crime.

7. Criminal liability shall not release the legal person from the obligation to indemnify the damage that he/she has caused as a result of the crime, or from other penalties prescribed against him/her under legislation.

8. If the circumstances excluding the guilt or unlawfulness of the actions of a legal person are established, the legal person shall be released from criminal liability.

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Law of Georgia No 296 of 26 September 2008 – LHG I, No 22, 9.10.2008, Art. 153

Article 107² - Criminal liability of legal persons

Legal person shall be criminally liable only if so prescribed under the relevant article of this Code.

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Law of Georgia No 5035 of 22 June 2007 – LHG I, No 26, 11.7.2007, Art. 242

Law of Georgia No 5953 of 19 March 2004 – LHG I, No 8, 28.3.2008, Art. 56

Law of Georgia No 403 of 23 October 2008 – LHG I, No 29, 4.11.2008, Art. 176

Law of Georgia No 795 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art. 282

Law of Georgia No 2477 of 25 December 2009 – LHG I, No 50, 31.12.2009, Art. 395

Law of Georgia No 2641 of 23 February 2010 – LHG I, No 9, 15.3.2010, Art. 31

Law of Georgia No 3466 of 16 July 2010 – LHG I, No 44, 28.7.2010, Art. 274

Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332

Law of Georgia No 5170 of 28 October 2011 – web-site, 11.11.2011

Law of Georgia No 6117 of 8 May 2012 – web-site, 29.5.2012

Article 107³ - Types of sentences

1. Types of punishment for legal persons shall be as follows:

a) liquidation;

b) deprivation of the right to carry out activities;

c) fine;

d) confiscation of property.

2. Liquidation and deprivation of the right to carry out activities may be imposed only as the main penalty.

3. A fine may be imposed both as the main and ancillary penalty.

4. Confiscation of property may be imposed only as an ancillary penalty.

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Article 107⁴ - Liquidation

1. When imposing liquidation as a sentence, the court shall, except for the cases provided for by the Organic Law of Georgia on the National Bank of Georgia, appoint the liquidator(s) who shall ensure the liquidation of the legal person, in the manner prescribed under the legislation for the liquidation of legal persons. Costs associated with liquidation shall be borne by the convicted legal person.

2. In cases provided for by this Code, commercial banks and non-banking depositary institutions shall be liquidated by the liquidator (liquidators) appointed by the National Bank of Georgia, based on the final judgement of conviction.

3. Liquidation may be used when, if it is established that criminal activities are the main purpose of the establishment of the legal person or the major part of its activities.

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Law of Georgia No 4191 of 3 September 2015 – web-site, 10.9.2015

Article 107⁵ - Deprivation of the right to carry out activities

1. Deprivation of the right to carry out activities shall mean prohibiting a legal person from carrying out one or several types of activities indefinitely or for a term of from 1 to 10 years.

2. Deprivation of the right to carry out activities may apply to the activities during or with regard to the performance of which the crime was committed.

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Article 107⁶ - Fines

1. The minimum amount of a fine for a legal person shall be the sum that is 50 times the amount prescribed for a natural person under Article 42 of this Code.

2. The amount of fine shall be determined by the court, taking into consideration the gravity of the crime, the benefit obtained from the crime and the material status of the legal person, which shall be defined by his/her property, income and other circumstances.

3. If it is impossible to collect a fine from a legal person as the main penalty, this penalty shall be substituted by deprivation of the right to carry out activities or by liquidation.

4. If a fine is referred to as both the main and ancillary penalty in the note to an article of the special part of this Code, the fine shall not be applied as an ancillary penalty when it is applied as a main penalty.

5. (Deleted).

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Law of Georgia No 2477 of 25 December 2009 – LHG I, No 50, 31.12.2009, Art. 395

Article 107⁷ - Confiscation of property

Provisions of Article 52 of this Code shall apply to the confiscation of property of the physical person.

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

SPECIAL PART

SECTION SEVEN

CRIME AGAINST HUMAN BEINGS

CHAPTER XIX - Crimes against Life

Article 108 - Murder

Murder, -

shall be punished by imprisonment for a term of a term of from seven to fifteen years.

Article 109 - Murder under aggravating circumstances

1. Murder:

a) (deleted);

b) related to hostage taking;

c) in a manner that intentionally endangers the life or health of other persons;

d) aimed at concealing or facilitating any other crime,

shall be punished by imprisonment for a term of nine to fourteen years.

2. Murder:

a) of a pregnant woman knowingly by the offender;

b) of a minor or a helpless person knowingly by the offender;

c) with hooligan motives;

d) due to racial, religious, national or ethnic intolerance;

e) by more than one person, –

shall be punished by imprisonment for a term of 13 to 17 years.

3. Murder:

a) of two or more persons;

b) with particular cruelty;

c) for mercenary purposes or by contract;

d) aimed at transplanting or otherwise using an organ, part of an organ or tissue of the victim's body;

e) repeatedly (except for the murders provided for by Articles 110-114 of this Code), –

f) related to the official duties or public duties of the victim or of the victim's close relative, –

shall be punished by imprisonment for a term of 16 to 20 years or life imprisonment.

Note: The following persons shall be considered close relatives under this Code: parents, adopting parents, children, adoptees, grandparents, grandchildren, siblings and spouses.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 333 of 30 May 2000 – LHG I, No 20, 31.5.2000, Art. 51

Law of Georgia No 2458 of 20 June 2003 – LHG I, No 21, 15.7.2003, Art. 149

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 3466 of 16 July 2010 – LHG I, No 44, 28.7.2010, Art. 274

Article 110 - Killing at the victim's request

Killing at the victim's express request and according to his/her true will, committed for the purpose of relieving a dying person from severe physical pains, –

shall be punished by imprisonment for a term of two to five years.

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 111 - Intentional murder in a state of sudden, strong emotional excitement

1. Intentional murder in a state of sudden, strong emotional excitement caused by unlawful violence, grave insult, or any other grave immoral act committed by the victim against the offender or his/her close relative, or by a psychological trauma caused by multiple unlawful or immoral conduct of the victim, –

shall be punished by restriction of liberty for up to three years or by imprisonment for a term of one to three years.

2. The same act committed against two or more persons, –

shall be punished by imprisonment for a term of two to five years.

Law of Georgia No 333 of 30 May 2000 – LHG I, No 20, 31.5.2000, Art. 51

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 112 - Infanticide by the mother

Intentional murder of an infant by the mother during or immediately after the labour, –

shall be punished by imprisonment for a term of three to five years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 113 - Murder by exceeding the limits of self-defence

Murder that exceeds the limits of self-defence, –

shall be punished by corrective labour for up to two years or with restriction of liberty for up to three years, or with imprisonment for a term of one to three years.

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 114 - Murder by exceeding the measures required for seizing the offender

Murder that exceeds the measures required for seizing the offender, –

shall be punished by corrective labour for up to two years or with restriction of liberty for up to three years, or with imprisonment for a term of one to three years.

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 115 - Incitement to suicide

Incitement to suicide or attempted suicide accompanied with intimidation or cruel treatment of the victim or by degrading of the victim's honour or dignity, –

shall be punished by restriction of liberty for up to three years or by imprisonment for a term of two to four years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 116 - Negligent manslaughter

1. Negligent manslaughter, –

shall be punished by restriction of liberty for up to five years or by imprisonment for a term of two to four years.

2. The same act committed against two or more persons, –

shall be punished by restriction of liberty for up to five years or with imprisonment for a term of three to five years.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

CHAPTER XX - Crimes against Health

Article 117 - Intentional infliction of grave injury

1. Intentional serious damage to health, i.e. bodily injury that is dangerous for life or which has caused the loss of eyesight, hearing, speech or any organ or its function, mental illness, interruption of pregnancy, permanent disfigurement of the face or other such bodily injury that is dangerous for life and causes permanent loss of general working ability by at least one third, or complete loss of professional working ability knowingly, –

shall be punished by imprisonment for a term of three to six years.

2. The same act that caused death, –

shall be punished by imprisonment for a term of four to seven years.

3. Intentional grave bodily injury:

a) in relation to the official or public duties of the victim or the victim's close relative;

b) related to hostage taking;

c) in a manner that intentionally endangers the life or health of other persons;

d) aimed at concealing or facilitating any other crime,

shall be punished by imprisonment for a term of five to eight years.

4. The act provided for by paragraph 3 of this article which has caused the loss of life, -

shall be punished by imprisonment for a term of six to nine years.

5. Intentional grave bodily injury caused:

a) by the offender knowingly to a pregnant women;

b) by the offender knowingly to a minor or a helpless person;

c) with hooligan motives;

d) due to racial, religious, national or ethnic intolerance;

e) by more than one person, -

shall be punished by imprisonment for a term of seven to ten years.

6. The act provided for by paragraph 5 of this article that caused the loss of life, -

shall be punished by imprisonment for a term of eight to eleven years.

7. Intentional grave bodily injury:

a) to two or more persons;

b) with particular cruelty;

c) for mercenary purposes or by contract;

d) aimed at transplanting or otherwise using an organ, part of an organ or tissue of the victim's body;

e) repeatedly (except for the murders provided for by Articles 110-114 of this Code), -

f) by a person who has previously committed the murder provided for by Articles 108 or 109 of this Code, -

shall be punished by imprisonment for a term of nine to thirteen years.

8. The act provided for by paragraph 7 of this article that caused the loss of life, -

shall be punished by imprisonment for a term of ten to fourteen years

Law of Georgia No 3705 of 12 June 2015 – website, 30.6.2015

Article 118 - Intentional less grave bodily injury

1. Intentional less grave bodily injury that is not dangerous for life and has not resulted in the consequence provided for by Article 117 of this Code, but which is related to a long-term deterioration of health or stable loss of general working ability by, at least one third, -

shall be punished by corrective labour for up to 18 months or with restriction of liberty for up to three years, or with imprisonment for a term of one to three years.

2. The same act that caused the loss of life, -

shall be punished by imprisonment for a term of two to four years.

3. Intentional less grave bodily injury under the aggravating circumstances provided for by paragraphs 3,5 or 7 of Article 117 of this Code, or which has been caused by a person who has previously committed an intentional grave bodily injury or the act provided for by Articles 108 or 109 of this Code, -

shall be punished by imprisonment for a term of three to five years.

4. The act provided for by paragraph 3 of this article which has cause the loss of life, -

shall be punished by imprisonment for a term of four to six years.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Article 119 - (Deleted)

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 120 - Intentional less grave bodily injury

Intentional less grave bodily injury that has resulted in a short-term deterioration of health or an insignificant or non-permanent loss of general working ability, -

shall be punished by a fine or corrective labour for up to six months, or with imprisonment for up to two years.

Law of Georgia No 5592 of 24 June 2016 – website 12.7.2016

Article 121 - Intentional grave or less grave bodily injury caused in a state of sudden emotional excitement

Intentional infliction of grave or less grave bodily injury in a state of sudden emotional excitement caused by the unlawful violence, grave insult, or any other grave immoral act committed by the victim against the offender or his/her close relative, or by the psychological trauma caused by the repeated unlawful or immoral conduct of the victim, -

shall be punished by a fine or community service from 80 to 240 hours or with restriction of liberty for up to two years, or with imprisonment for up to two years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 122 - Intentional grave or less grave bodily injury by exceeding the limits of self-defence

Intentional grave or less grave bodily injury caused by exceeding the limits of self-defence, -

shall be punished by a fine or corrective labour for up to six months or with restriction of liberty for up to a year, or with imprisonment for the same term.

Article 123 - Intentional grave or less grave bodily injury by exceeding the measures required for seizing the offender

Intentional grave or less grave bodily injury caused by exceeding the measures required for seizing the offender, -

shall be punished by a fine or corrective labour for up to six months or with restriction of liberty for up to a year, or with imprisonment for the same term.

Article 124 - Grave or less grave bodily injury through negligence

Grave or less grave bodily injury caused through negligence, -

shall be punished by a fine or restriction of liberty for up to two years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 2477 of 25 December 2009 – LHG I, No 50, 31.12.2009, Art. 395

Article 125 - (Deleted)

Law of Georgia No 2458 of 20 June 2003 – LHG I, No 21, 15.7.2003, Art. 149

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 59 of 1 December 2016 – web-site, 13.12.2016

Article 126 - Violence

1. Beating or other violence that has caused the victim physical pains, but did not entail the consequence provided for by Article 120 of this Code, -

shall be punished by a fine or community service from 120 to 180 hours or imprisonment for a term of up to one year.

1¹. The same act committed knowingly against a minor or a pregnant woman, -

shall be punished by a fine or community service from 180 to 240 hours or imprisonment for a term of up to two years.

1². Regular beating or other violence that has caused the victim physical or mental pains, but did not entail the consequence provided for by Articles 117 or 118 of this Code, -

shall be punished by restriction of liberty for up to two years or imprisonment for a term of one to three years.

2. An act provided for by paragraph 1² of this article committed:

a) against two or more persons;

b) knowingly by the offender against a pregnant woman;

c) in relation to the official duties of the victim or his/her close relative;

d) knowingly by the offender against a minor, a helpless person or a person who depends on the offender materially or otherwise;

e) for hostage taking purposes;

f) by contract;

g) due to racial, religious, national or ethnic intolerance;

h) by abusing the official position;

i) repeatedly;

j) against a minor's family member in the presence of the minor;

k) by more than one person;

l) using a weapon, -

shall be punished by imprisonment for a term of four to six years, with or without deprivation of the right to hold an office or carry out a particular activity for up to three years.

Law of Georgia No 1751 of 23 June 2005 – LHG I, No 38, 15.7.2005, Art. 250

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 2704 of 17 October 2014 – web-site, 31.10.2014

Law of Georgia No 59 of 1 December 2016 – web-site, 13.12.2016

Article 126¹ - Domestic violence

1. Violence, regular insult, blackmail, humiliation by one family member of another family member, which has resulted in physical pain or anguish and which has not entailed the consequences provided for by Articles 117, 118 or 120 of this Code, -

shall be punished by community service from 80 to 150 hours or imprisonment for up to a year.

2. The same act committed:

a) knowingly against a pregnant woman, minor or a helpless person;

b) against a minor's family member in the presence of the minor;

c) against two or more persons;

d) by a group of persons;

e) repeatedly, -

shall be punished by community service from 200 to 400 hours or with imprisonment for a term of one to three years.

Note: For the purposes of this article, the following persons shall be family members: a spouse, mother, father, grandfather, grandmother, child (stepchild), foster child, adopting parent, adopting parent's spouse, adoptee, foster family (foster mother, foster father), guardian, grandchild, sister, brother, parents of a spouse, son-in-law, daughter-in-law, former spouse, also persons who maintain or maintained a common household.

Law of Georgia No 643 4 of 12 June 2012 – web-site, 25.6.2012

Law of Georgia No 3052 of 18 February 2015 – web-site, 26.2.2015

CHAPTER XXI - Endangering Human Life and Health

Article 127 - Endangering life

Endangering life of a person who is not able to take measures to protect himself/herself, -

shall be punished by a fine or imprisonment for up to two years.

Article 128 - Abandoning in distress

Abandoning in distress, without providing assistance, of a person who was in a life-threatening situation and who was not able to take measures to protect himself/herself, provided that the person who had abandoned him/her was obliged to take care of and was able to assist him/her, -

shall be punished by a fine or corrective labour for up to a year or with community service from 120 to 240 hours or with imprisonment for up to two years.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 129 - Refusal to assist

The refusal to provide necessary and obviously urgent assistance to a person who is in a life-threatening situation provided the offender was able to provide assistance without seriously endangering himself/herself or any other person, or the failure to notify the appropriate agency or person of the need of assistance, -

shall be punished by a fine or corrective labour for up to two years, or with imprisonment for up to two years.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 130 - Abandoning a sick person in distress

1. Failure of a medical worker to provide urgent medical aid to a sick person who is in a life-threatening situation without valid reasons, -

shall be punished by a fine or corrective labour for up to 15 months, with or without deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

2. The same act which has resulted in a serious damage to health or death of the sick person, -

shall be punished by imprisonment for a term of three to five years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 131 - Infecting with AIDS

1. Creating a threat of intentional infection of another person with AIDS, -

shall be punished by imprisonment for up to three to five years.

2. Infecting intentionally other person with AIDS, -

shall be punished by imprisonment for up to four to seven years.

3. Infecting by negligence another person with AIDS when performing professional duties, -

shall be punished by imprisonment for a term of two to five years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

4. The act provided for by paragraphs 1, 2 or 3 of this article committed:

a) to two or more persons;

b) knowingly by the offender against a pregnant woman or a minor, -

shall be punished by imprisonment for a term of five to nine years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 132 - Infecting with particularly dangerous infectious diseases

1. Creating a threat of infecting other persons with particularly dangerous infectious diseases, -

shall be punished bya fine or corrective labour for up to six months, or with imprisonment for up to a year.

2. Infecting another person with a particularly dangerous infectious disease, -

shall be punished by a fine or corrective labour for up to a year, or with imprisonment for up to two years.

3. The act provided for by paragraph 1 or 2 of this article committed:

a) to two or more persons;

b) knowingly by the offender against a pregnant woman or a minor, -

shall be punished by a fine or imprisonment for two to five years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 133 - Illegal abortion

1. Illegal abortion, -

shall be punished by community service from 120 to 300 hours or imprisonment for a term of one to two years.

2. The same act committed by a person convicted of illegal abortion, or which has resulted in a permanent loss of ability to procreate or other grave consequences, -

shall be punished by imprisonment for a term of two to five years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

3. Illegal abortion resulting in death, -

shall be punished by imprisonment for a term of four to six years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 2671 of 21 October 2014 – web-site, 6.10.2014

Article 134 - Coercion into removing a human organ, part or tissue of an organ

1. Coercion into removing a human organ, part or tissue of an organ for the purposes of treatment, transplantation, experiment or manufacturing of medicinal products, -

shall be punished by imprisonment for a term of two to four years, with or without deprivation of the right to hold an office or carry out a particular activity for up to three years.

2. The same act committed knowingly by the offender against a pregnant woman, minor or helpless person or a person who materially or otherwise depends on the offender, -

shall be punished by imprisonment for a term of three to five years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 135 - Illegal trade in blood or blood components

Illegal trade in blood or blood components for mercenary reasons, -

shall be punished by a fine or imprisonment for up to a year.

Article 135¹ - Trade in human organs

1. Trade in human organs, -

shall be punished by imprisonment for a term of six to nine years.

2. The same act committed repeatedly, -

shall be punished by imprisonment for a term of eight to twelve years.

3. The same act committed by an organised group, -

shall be punished by imprisonment for a term of eleven to fifteen years.

Law of Georgia No 1710 of 6 November 2002 – LHG I, No 30, 27.11.2002, Art. 134

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 136 - Genetic manipulations

Genetic manipulations, i.e. creation of human-like beings, -

shall be punished by imprisonment for up to three years.

CHAPTER XXII - Crime against Sexual Freedom and Sexual Inviolability

Article 137 - Rape

1. Rape, a sexual intercourse by use of violence, threat of violence or abusing the victim's helpless condition, -

shall be punished by imprisonment for a term of six to eight years.

2. The same act:

a) committed by abusing one’s official position;

b) causing serious bodily injury or other grave consequences, -

shall be punished by imprisonment for a term of eight to ten years.

3. The same act committed:

a) repeatedly;

b) by a person who has previously committed any of the crimes provided for by Articles 138-141 of this Code;

c) by more than one person;

d) knowingly by the offender against a pregnant woman or a minor, -

shall be punished by imprisonment for a term of ten to thirteen years.

4. The same act:

a) committed against the victim or any other person with particular cruelty;

b) that has caused death;

c) committed against a person who has not attained the age of 14 years, -

shall be punished by imprisonment for a term of 15 to 20 years.

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 1642 of 27 November 2013 – web-site, 16.12.2013

Article 138 - Violent act of sexual nature

1. Homosexuality, lesbianism or other sexual intercourse in perverted form committed using violence, threat of violence or the victim's helpless state, -

shall be punished by imprisonment for a term of six to eight years.

2. The same act:

a) committed by abusing one’s official position;

b) causing serious bodily injury or other grave consequences, -

shall be punished by imprisonment for a term of eight to ten years.

3. The same act committed:

a) repeatedly;

b) by a person who has previously committed any of the crimes provided for by this article of by Articles 139-141 of this Code;

c) by more than once person;

d) knowingly by the offender against a pregnant woman or a minor, -

shall be punished by imprisonment for a term of ten to thirteen years.

4. The same act:

a) committed against the victim or any other person with particular cruelty;

b) that has caused death;

c) committed against a person who has not attained the age of 14 years, -

shall be punished by imprisonment for a term of 15 to 20 years.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 1642 of 27 November 2013 – web-site, 16.12.2013

Article 139 - Coercion into sexual intercourse or any other act of sexual nature

1. Coercion into a sexual intercourse, homosexual or lesbian or any other sexual intercourse by threatening to spread the defamatory information or to damage property, or by using material, official or other kind of dependence, -

shall be punished by a fine or imprisonment for up to three years.

2. The same act committed against minors, -

shall be punished by imprisonment for a term of five to seven years.

Law of Georgia No 2458 of 20 June 2003 – LHG I, No 21, 15.7.2003, Art. 149

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 1642 of 27 November 2013 – web-site, 16.12.2013

Article 140 - Sexual intercourse or any other act of sexual nature with a person who has not attained the age of 16 years

Sexual intercourse, homosexual or lesbian or other sexual intercourse in a perverted form committed knowingly by an adult offender against a person who has not attained the age of 16 years, -

shall be punished by imprisonment for a term of seven to nine years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 1642 of 27 November 2013 – web-site, 16.12.2013

Article 141 - Lewd acts

Lewd acts committed without violence and knowingly by the offender with a person who has not attained the age of 16 years, -

shall be punished by imprisonment for a term of five to seven years.

Law of Georgia No 1642 of 27 November 2013 – web-site, 16.12.2013

CHAPTER XXIII - Crime against Human Rights and Freedoms

Article 142 - Violation of human equality

1. Violation of human equality on the grounds of language, sex, age, nationality, origin, birthplace, place of residence, material or rank status, religion or belief, social belonging, profession, marital status, health status, sexual orientation, gender identity and expression, political or other views or of any other signs that have substantially breached human rights, -

shall be punished by a fine or corrective labour for up to a year and/or with imprisonment for up two years.

2. The same act:

a) committed by abusing the official position;

b) causing grave consequences, -

shall be punished by a fine or imprisonment for up to three years, deprivation of the right to hold an official position or to carry out a particular activity for up three years or without this.

Note: For the act provided by this article, a legal person shall be punished by liquidation or deprivation of the right to carry out a particular activity and/or with a fine.

Law of Georgia No 2393 of 2 May 2014 – web-site, 7.5.2014

Article 142¹ - Racial discrimination

1. Racial discrimination, i.e. an act committed to incite national or racial rivalry or discord in order to degrade national honour and dignity, as well as direct or indirect restriction of human rights or giving advantage to the person based on race, colour, national or ethnic belonging, which has substantially breached his/her right, -

shall be punished by imprisonment for up to three years.

2. The same act committed:

a) using violence or threat of violence dangerous for life or health, -

b) by abusing the official position;

shall be punished by imprisonment for a term of two to five years.

3. The act provided for by paragraph 1 or 2 of this article which:

a) has been committed by an organised group;

b) has caused the death of the victim or resulted in other grave consequences, -

shall be punished by imprisonment for a term of four to seven years.

Note: For the act provided by this article, a legal person shall be punished by liquidation or deprivation of the right to carry out a particular activity and/or with a fine.

Law of Georgia No 2355 of 6 June 2003 – LHG I, No 18, 24.6.2003, Art. 117

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 2393 of 2 May 2014 – web-site, 7.5.2014

Article 142² - Restriction of rights of persons with disabilities

1. Denying persons with disabilities the opportunity to exercise the rights granted by law and/or treaties to which Georgia is a party, due to their disabilities, which substantially breaches their rights, -

shall be punished by a fine or restriction of liberty for up to three years and/or with imprisonment for the same term.

2. The same act:

a) committed repeatedly;

b) committed by abusing one’s official position;

c) accompanied by violence or threat to use violence;

d causing grave consequences, -

shall be punished by a fine or restriction of freedom for up to five years or with imprisonment for a term of two to five years.

Note: For the act provided by this article, a legal person shall be punished by liquidation or deprivation of the right to carry out a particular activity and/or with a fine.

Law of Georgia No 2355 of 6 June 2003 – LHG I, No 18, 24.6.2003, Art. 117

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 2393 of 2 May 2014 – web-site, 7.5.2014

Article 143 - Unlawful imprisonment

1. Unlawful imprisonment

shall be punished by imprisonment for a term of two to four years.

2. The same act committed:

a) by taking the victim abroad;

b) against official foreign representatives or persons subject to international legal protection;

c) for the purpose of concealing or facilitating any other the crime, -

shall be punished by imprisonment for a term of four to seven years.

3. The same act committed:

a) with a prior agreement by a group;

b) repeatedly;

c) against two or more persons;

d) knowingly by the offender against a pregnant woman, a minor or a helpless person;

e) using violence or threat of violence dangerous for life or health, -

shall be punished by imprisonment for a term of seven to ten years.

4. The act provided for by paragraphs 1, 2 or 3 of this article:

a) committed by an organised group;

b) caused the death of the victim or resulted in other grave consequences, -

shall be punished by imprisonment for a term of eight to twelve years.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Article 143¹ - Human trafficking

1. Purchase or sale of human beings, or any unlawful transactions in relation to them, by means of threat, use of force or other forms of coercion, of abduction, blackmail, fraud, deception, by abuse of a position of vulnerability or power or by means of giving or receiving of payment or benefits to achieve the consent of a person having control over another person, as well as recruitment, carriage, concealing, hiring, transporting, providing, harbouring or receiving of a human being for exploitation, -

shall be punished by imprisonment for a term of seven to twelve years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

2. The same act committed:

a) by the offender knowingly to a pregnant women;

b) knowingly by the offender against a helpless person or a person who financially or otherwise depends on the offender;

c) by abusing the official position, -

shall be punished by imprisonment for a term of nine to fourteen years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

3. The same act committed:

a) repeatedly;

b) against two or more persons;

c) by taking the victim abroad;

d) using violence or threat of violence which is dangerous for life or health, -

shall be punished by imprisonment for a term of 12 to 15 years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

4. The act provided for by paragraphs 1, 2 or 3 of this article:

a) committed by an organised group;

b) caused the death of the victim or resulted in other grave consequences, -

shall be punished by imprisonment for a term of 15 to 20 years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Note:

1. For the purposes of this article and Article 143² of this Code, the following shall constitute exploitation for the purpose of gaining material or other benefit:

a) inducing a person to perform labour or other services;

b) inducing a person to provide sexual services;

c) engaging a person in criminal activities, prostitution, pornographic or other anti-social activities;

d) removing, transplanting or otherwise using an organ, part of an organ or tissue of the human body by force or deception;

e) subjecting a human being to practices similar to slavery or to modern-day slavery. Subjecting a human being to modern-day slavery shall mean creation of such conditions when the person performs certain work or renders services in favour of another person in return for payment, inadequate payment or without payment, and he/she is not able to change these circumstances because of his/her dependence on that person. Dependence on a person may be caused by, among other things:

e.a) confiscation, control or intentional unlawful handling of personal identification documents

e.b) restriction of the right to free movement or control of free movement;

e.c) restriction or control of communication (including correspondence and phone calls) with family members or other persons;

e.d) creation of coercive or threatening environment.

2. For the purposes of this article and Article 143², it does not matter whether a person consents to his/her pre-determined exploitation.

3. For the acts provided for by this article, a legal person shall be punished by deprivation of the right to carry out activities or with liquidation and a fine.

Law of Georgia No 2355 of 6 June 2003 – LHG I, No 18, 24.6.2003, Art. 117

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 2458 of 20 June 2003 – LHG I, No 21, 15.7.2006, Art. 196

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Law of Georgia No 2473 of 29 May 2014 – web-site, 4.6.2014

Article 143² - Child trafficking

1. Purchase or sale of children, or other unlawful transactions in relation to them, as well as their recruitment, carriage, concealment, hiring, transportation, provision, harbouring or reception for exploitation, -

shall be punished by imprisonment for eight to twelve years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

2. The same act committed:

a) by the offender knowingly to a pregnant women;

b) knowingly by the offender against a helpless person or a person who financially or otherwise depends on the offender;

c) by abusing the official position, -

shall be punished by imprisonment for a term of 11 to 15 years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

3. The same act committed:

a) repeatedly;

b) using coercion, blackmail or deception;

c) against two or more children;

d) by taking the victim abroad;

e) using violence or threat of violence dangerous for life or health, -

shall be punished by imprisonment for a term of 14 to 17 years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

4. The act provided for by paragraphs 1, 2 or 3 of this article:

a) committed by an organised group;

b) causing the death of the victim or other grave consequences, -

shall be punished by imprisonment for a term of 17 to 20 years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years or with life imprisonment.

Note: For the acts provided for by this article, a legal person shall be punished by deprivation of the right to carry out activities or with liquidation and a fine.

Law of Georgia No 2355 of 6 June 2003 – LHG I, No 18, 24.6.2003, Art. 117

Law of Georgia No 2980 of 14 August 2003 – LHG I, No 20, 5.9.2003, Art. 191

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 3309 of 20 June 2003 – LHG I, No 25, 13.7.2006, Art. 196

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Law of Georgia No 2473 of 29 May 2014 – web-site, 4.6.2014

Article 143³ - Using services of victims (person affected by) of human trafficking

1. Knowingly using the services rendered by a victim of or person affected by a crime provided for by Articles 143¹ and 143²of this Code, which, under Article 143¹ of this Code, constitutes exploitation, -

shall be punished by restriction of liberty for up to four years or with imprisonment for a term of three to five years.

2. The same act committed:

a) repeatedly;

b) knowingly by the offender against a pregnant woman;

c) knowingly by the offender against a helpless person or a person who financially or otherwise depends on the offender;

d) by abusing the official position, -

shall be punished by imprisonment for a term of five to seven years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

3. The same act committed:

a) against two or more persons;

b) using violence or threat of violence which is dangerous for life or health, -

shall be punished by imprisonment for a term of seven to twelve years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

4. The act provided for by paragraphs 1, 2 or 3 of this article committed by an organised group, -

shall be punished by imprisonment for a term of 12 to 15 years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Note: A person who committed a crime stipulated by this Code shall be released from criminal liability if he/she voluntarily provided information about this to the investigative authorities in writing or by using any technical means of communication, contributed to the conduct of investigation and his/her actions do not contain elements of any other crime.

Law of Georgia No 4706 of 8 May 2007 – LHG I, No 18, 22.5.2007, Art. 136

Law of Georgia No 2473 of 29 May 2014 – web-site, 4.6.2014

Law of Georgia No 2473 of 24 July 2015 – web-site, 4.8.2015

Article 144 - Taking hostages

1. Taking a hostage in order to force an organisation or a person to perform or not to perform certain acts as a condition for the hostage's release, -

shall be punished by imprisonment for a term of seven to ten years.

2. The same act committed:

a) with a prior agreement by a group;

b) repeatedly;

c) against two or more persons;

d) by taking the victim abroad;

e) for longer than seven days;

f) for mercenary purposes;

g) knowingly by the offender against a pregnant woman, a minor or a helpless person;

h) against official foreign representatives or persons subject to international legal protection;

g) using violence or threat of violence which is dangerous for life or health, -

shall be punished by imprisonment for a term of nine to fourteen years.

3. The act provided for by paragraph 1 or 2 of this article which:

a) committed by an organised group;

b) caused the death of the victim or resulted in other grave consequences, -

shall be punished by imprisonment for a term of thirteen to eighteen years.

Note: (Deleted).

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 144¹ - Torture

1. Torture, i.e. exposing a person, or a third person, to such conditions or treating him/her in a manner that causes severe physical pain or psychological or moral anguish, and which aims to obtain information, evidence or confession, threaten or coerce, or punish the person for the act he/she or a third person has committed or has allegedly committed, -

shall be punished by imprisonment for a term of seven to ten years.

2. The same act committed:

a) by an official or a person holding equivalent position;

b) by abusing the official position;

c) repeatedly;

d) against two or more persons;

e) by more than one person;

f) by violating the equality of persons, or due to their race, colour, language, sex, religion, belief, political or other views, national, ethnic, social belonging, origin, place of residence, material status or title;

g) knowingly by the offender against a pregnant woman, a minor, a person detained or otherwise deprived of freedom, a helpless person or a person dependent on the offender materially or otherwise;

h) by contract;

i) for the purpose of taking a hostage,

j) by way of medical manipulations, using medicines or special instruments (tools);

k) for mercenary purposes;

l) for the purpose of making a person confess in having committed a particularly serious crime, or for the purpose of making a false denunciation concerning the commission of a crime by a third person -

shall be punished by imprisonment for a term of nine to fifteen years, with deprivation of the right to hold an office or carry out a particular activity for up to five years.

3. The same act:

a) committed by way of sexual abuse;

b) committed by an organised group;

c) that has caused death -

shall be punished by imprisonment for a term of twelve to twenty years or life imprisonment, with deprivation of the right to hold an official position or to carry out a particular activity for up to five years.

Law of Georgia No 1751 of 23 June 2005 – LHG I, No 38, 15.7.2005, Art. 250

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Law of Georgia No 59 of 1 December 2016 – web-site, 13.12.2016

Article 144² - Threat of torture

The threat of the creation of the conditions, or of the application of the treatment or punishment specified in Article 144¹ of this Law, which is carried out for the same purpose, if the threat is real and instant -

shall be punished by a fine or restriction of liberty for up to two years.

Law of Georgia No 1751 of 23 June 2005 – LHG I, No 38, 15.7.2005, Art. 250

Law of Georgia No 59 of 1 December 2016 – web-site, 13.12.2016

Article 144³ - Degrading or inhuman treatment

1. Degrading or coercing a person, or exposing a person to inhuman, degrading and humiliating conditions as a result of which he/she suffers severe physical and psychological pains, -

shall be punished by restriction of liberty for up to three years or by imprisonment for a term of three to seven years.

2. The same act committed:

a) by an official or a person holding equivalent position;

b) by abusing the official position;

c) repeatedly;

d) against two or more persons;

e) by more than one person;

g) knowingly by the offender against a pregnant woman, a minor, a person detained or otherwise deprived of freedom, a helpless person or a person dependent on the offender materially or otherwise;

h) by contract;

i) for the purpose of taking a hostage, -

shall be punished by imprisonment for a term of five to ten years, with or without deprivation of the right to hold an official position or to carry out a particular activity for up to five years.

Law of Georgia No 1751 of 23 June 2005 – LHG I, No 38, 15.7.2005, Art. 250

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90Law of Georgia No 59 of 1 December 2016 – web-site, 13.12.2016

Article 145 - Provocation of crime

Provocation of crime, i.e. inducing another person to commit a crime for the purpose of his/her criminal prosecution, -

shall be punished by restriction of liberty for up to three years or by imprisonment for a term of one to three years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 146 - Malicious criminal prosecution of innocent persons

1. Malicious criminal prosecution of innocent persons, -

shall be punished by imprisonment for a term of two to five years, with or without deprivation of the right to hold an office or carry out a particular activity for up to three years.

2. The same act, if accompanied by a charge of a serious or a particularly serious crime, -

shall be punished by imprisonment for a term of four to seven years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 147 - Intentional illegal detention or arrest

1. Intentional illegal detention, -

shall be punished by restriction of liberty for up to two years or by imprisonment for a term of five to eight years, with or without deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

2. Intentional illegal arrest, -

shall be punished by imprisonment for a term of seven to ten years.

3. The act provided for by paragraph 1 or 2 of this article, which has resulted into grave consequences, -

shall be punished by imprisonment for a term of nine to twelve years.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 148 - (Deleted)

Law of Georgia No 224 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 80

Article 149 - Illegal placement or detention in a psychiatric hospital

1. Illegal placement or detention in a psychiatric hospital, -

shall be punished by imprisonment for a term of three to six years.

2. The same act:

a) committed by abusing one’s official position;

b) which resulted in the death of the victim by negligence or other grave consequences, -

shall be punished by imprisonment for a term of five to nine years, with or without deprivation of the right to hold an office or carry out a particular activity for up to three years.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 150 - Coercion

1. Illegal restriction of a person's freedom of action, i.e. coercing physically or mentally a person to perform or not to perform a certain action the implementation of or abstinence from which is his/her right, or coercing a person to experience an influence that is against his/her will, -

shall be punished by a fine, or corrective labour for up to one year or imprisonment for the same term.

2. The same act committed knowingly against a minor, -

shall be punished by corrective labour for up two years, or imprisonment for up to eighteen months.

Law of Georgia No 2458 of 20 June 2003 – LHG I, No 21, 15.7.2003, Art. 149

Article 150¹ - Forced marriage

1. Forced marriage (including an unregistered marriage), -

shall be punished by community service for two hundred to four hundred hours or with imprisonment for up to two years.

2. The same act committed knowingly against a minor, -

shall be punished by imprisonment for up to four years.

Law of Georgia No 2704 of 17 October 2014 – web-site, 31.10.2014

Article 151 - Threat

A threat of death or bodily injury or destruction of property, when the person threatened has reasonable fear that the threat will be carried, -

shall be punished by a fine or community service from 120 to 180 hours or corrective labour for up to a year or with imprisonment of up to a year.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 152 - Breach of the right to freely choose the place of residence

1. Infringement of the right of a person legally residing in Georgia to freely move across the entire territory of the country, to freely choose place of residence or to freely leave Georgia, or the right of Georgian nationals to freely enter Georgia, which has resulted in considerable damage, -

shall be punished by a fine or corrective labour for up to six months, or with imprisonment for up to a year.

2. The same act committed using violence, threat of violence or official position, -

shall be punished by a fine or corrective labour for up to a year, or with imprisonment for up to two years, with deprivation of the right to hold an official position or to carry out activities for up to three years.

Article 153 - Encroachment upon freedom of speech

Illegal interference with the exercise of the freedom of speech or of the right to obtain or disseminate information, which has resulted in considerable damage, or performed by abusing one's official position, -

shall be punished by a fine or corrective labour for up to a year, or with imprisonment for up to two years, with or without deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Article 154 -Unlawful interference with the journalist's professional activities

1. Unlawful interference with the journalist's professional activities, i.e. coercing a journalist into disseminating or not disseminating information, -

shall be punished by a fine or community service from 120 to 140 or with corrective labour for up to two years.

2. The same act committed using threat of violence or official position, -

shall be punished by a fine or imprisonment for up to two years, with or without the deprivation of the right to hold an official position or to carry out a particular activity for up to three years or without this.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 155 -Unlawful interference with the performance of divine service

1. Unlawful interference with the performance of divine service or other religious rites or customs using violence or threat of violence, or if accompanied by an insult to a believer's religious feelings, -

shall be punished by a fine or corrective labour for up to a year, or with imprisonment for up to two years.

2. The same act committed by abusing one's official position, -

shall be punished by a fine or imprisonment for a term of one to five years, with or without deprivation of the right to hold an official position or to carry out a particular activity for up three years.

Article 156 - Persecution

1. Persecution of persons because of their speech, opinion, conscience, confession, faith or creed, or political, social, professional, religious or scientific activities, -

shall be punished by a fine, or restriction of liberty for up to two years or with imprisonment for the same term.

2. The same act:

a) committed using violence or threat of violence;

b) by abusing the official position;

c) which has resulted in considerable damage, -

shall be punished by a fine or restriction of liberty for up to three years, or with imprisonment for up to three years, with or without deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 157 - Disclosure of information on private life or of personal data

1. Unlawful obtaining, storage, use, dissemination of or otherwise making available information on private life or personal data, which has resulted in considerable damage, -

shall be punished by a fine or corrective labour for up to two years, or with imprisonment for up to three years.

2. Unlawful use and/or dissemination of information on private life or of personal data through a piece of work disseminated in a certain way, through internet, including social network, mass media or other public appearance, which has resulted in considerable damage, -

shall be punished by a fine or corrective labour for up to two years, or with imprisonment for up to four years.

3. The act provided for in paragraph 1 or 2 of this article committed:

a) for mercenary purposes;

b) repeatedly, -

shall be punished by a fine, or restriction of liberty for up to five years or with imprisonment for the same term.

4. The act under paragraphs 1, 2 or 3 of this article committed by a person, who, due to his/her official position, professional activities or other circumstances, was obliged to keep this information or data confidential, or who committed the above act using his/her official position, -

shall be punished by imprisonment from four to seven years, or with or without deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Note:

1. A person shall not incur criminal liability for a crime (obtaining, storage) under paragraph 1 of this article if he/she has submitted the obtained/stored information specified in paragraph 1 of this article to investigative authorities and communicated information on any other committed/anticipated criminal act in this manner.

2. For committing an act under this article, a legal person shall be punished by a fine, with deprivation of the right to carry out activities, or with liquidation and a fine.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 6326 of 25 May 2012 – web-site, 12.6.2012

Law of Georgia No 2378 of 2 May 2014 – web-site, 16.5.2014

Law of Georgia No 5152 of 3 June 2016 – website, 10.6.2016

Article 157¹ - Disclosure of secrets of personal life

1. Unlawful obtaining, storage, use, dissemination of or otherwise making available secrets of personal life, -

shall be punished with imprisonment from four to seven years.

2. Unlawful use and/or dissemination of secrets of personal life through a piece of work disseminated in a certain way, through internet, including social network, mass media or other public appearance, -

shall be punished with imprisonment from five to eight years.

3. The act provided for in paragraph 1 or 2 of this article committed:

a) for mercenary purposes;

b) repeatedly, -

shall be punished with imprisonment from six to nine years.

4. The act under paragraphs 1, 2 or 3 of this article committed by a person, who, due to his/her official position, professional activities or other circumstances, was obliged to keep this secret confidential, or who committed the above act using his/her official position, -

shall be punished with imprisonment from seven to ten years.

Note:

2. For committing an act under this article, a legal person shall be punished with deprivation of the right to carry out activities, or with liquidation and a fine.

Law of Georgia No 5152 of 3 June 2016 – website, 10.6.2016

Article 158 - Violation of the secrecy of private communication

1. Unauthorised recording of or eavesdropping on private conversations, or unauthorised obtaining of the computer data or of the electromagnetic waves containing such data transmitted through or from a computer system during private communication using technical means, or unlawful storage of recordings of private communications or of the information or computer data obtained through technical means, -

shall be punished by a fine or restriction of liberty from two to four years and/or with imprisonment for the same term.

2. Unlawful use, dissemination of or otherwise making available of recordings of private communication, or information or computer data obtained through technical means, -

shall be punished by a fine or restriction of liberty from two to five years or with imprisonment of the same term.

3. The act provided for by paragraph 1 or 2 of this article which has been committed:

a) for mercenary purposes;

b) repeatedly, -

shall be punished by imprisonment for a term of three to six years.

4. The act provided for by paragraphs 1, 2 or 3 of this article: which:

a) has resulted in considerable damage;

b) was committed by abusing one’s official position,-

shall be punished by imprisonment for a term of three to seven years, or deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Note:

1. For the purposes of this article, `computer data`, `computer system` and `unauthorised` shall be construed according to the definitions provided for by Chapter XXXV of this Code.

2. A person who has submitted the obtained/stored information specified in paragraph 1 of this article to investigative authorities and communicated the information on any other committed/anticipated criminal act in this manner shall not incur criminal liability for the crime (obtaining, storage) provided for by paragraph 1 of this article.

3. For the acts specified in this article, a legal person shall be punished by a fine, with deprivation of the right to carry out a particular activity or with liquidation and a fine.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332

Law of Georgia No 2378 of 2 May 2014 – web-site, 16.5.2014

Article 159 -Violation of secrecy of personal correspondence, phone conversations or other kinds of communication

1. Unlawful obtaining, opening or reading or storage of personal correspondence or mail messages, of the recordings of phone conversations or of conversations made with other technical means or of messages received or transmitted through telegraph, computer system, fax or other technical means, -

shall be punished by a fine or corrective labour for up to two years, or with imprisonment for up to three years.

2. Unlawful use, dissemination or otherwise making available of personal correspondence or mail, of recordings of phone conversations or conversations made with other technical means or of messages received or transmitted through telegraph, computer system, fax or other technical means, -

shall be punished by imprisonment for a term of two to five years.

3. The act provided for by paragraph 1 or 2 of this article which has been committed:

a) for mercenary purposes;

b) repeatedly, -

shall be punished by imprisonment for a term of three to six years.

4. The act provided for by paragraphs 1, 2 or 3 of this article:

a) has resulted in considerable damage;

b) was committed by abusing one’s official position,-

shall be punished by imprisonment for a term of three to seven years, or deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Note:

1. A person who has submitted the obtained/stored information specified in paragraph 1 of this article to investigative authorities and communicated the information on any other committed/anticipated criminal act in this manner shall not incur criminal liability for the crime (obtaining, storage) provided for by paragraph 1 of this article.

2. For the acts specified in this article, a legal person shall be punished by a fine, with deprivation of the right to carry out a particular activity or with liquidation and a fine.

Law of Georgia No 2378 of 2 May 2014 – web-site, 16.5.2014

Article 160 - Violation of inviolability of domicile or of any other property

1. Unlawful entry into, unlawful search or any other act in a domicile or any other property against the will of its owner which violates the inviolability of the domicile or any other property, -

shall be punished by a fine, or corrective labour for up to two years or with imprisonment for the same term.

2. The same act:

a) committed using violence or threat of violence;

b) causing substantial damage, -

shall be punished by a fine or imprisonment for a term of one to three years.

3. The act provided for by paragraph 1 or 2 of this article which has been committed:

a) by more than one person;

b) by using the official position or arms, -

shall be punished by a fine or imprisonment for a term of two to five years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 161 -Encroachment upon the right to assembly or demonstration

1. Unlawful interference with the exercise of the right to hold or participate in an assembly or demonstration using violence, threat of violence or official position, -

shall be punished by a fine or corrective labour for up to a year, or with imprisonment for up to two years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

2. The same act committed using arms or causing mass disorders, death or other grave consequences, -

shall be punished by imprisonment for a term of two to five years, or deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 162 - Interference with the expression of will in the elections, referendum or plebiscite

1. Interference with the expression of will in the elections, referendum or plebiscite, -

shall be punished by a fine or corrective labour for up to a year or with restriction of liberty for up to two years, or with imprisonment of the same term.

2. The same act committed:

a) using the official position or arms;

b) by deceit;

c) using violence or threat of violence;

e) by more than one person, -

shall be punished by a fine or imprisonment for a term of two to three years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 162¹– Violence or threat of violence at a polling station, an election commission premises, or their adjacent territory, or violence or threat of violence during canvassing or election campaign

1. Battery or other violence, that has not incurred the consequences provided for by Article 120 of this Code, or threat of violence at a polling station, an election commission premises, or their adjacent territory, from the day of calling an election till the day of summing up the final results of the election, or during canvassing or an election campaign event, -

shall be punished by a fine and/or with imprisonment for up to two years.

2. Violence, that has resulted in an intentional less grave deterioration of health, at a polling station, an election commission premises, or their adjacent territory, from the day of calling an election till the day of summing up the final results of the election, or during canvassing or an election campaign event, -

shall be punished by a fine and/or with imprisonment for up to three years.

3. The act provided for by paragraph 2 of this article committed by more than one person, –

shall be punished with imprisonment for a term of two to five years.

Law of Georgia No 5592 of 24 June 2016 – website 12.7.2016

Article 163 -Interference with the work of electoral or referendum commissions

Interference with the work of electoral or referendum commissions which has resulted in the disruption of the elections, referendum or plebiscite or of the voting process at the polling station, -

shall be punished by corrective labour for up to two years or with imprisonment for a term of two to four years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 164 -Breach of the secrecy of the ballot, miscounting of votes or incorrect summing up of vote returns

Breach of the secrecy of the ballot during elections, referendum or plebiscite, forgery of documents related to the elections, referendum or plebiscite, intentional vote miscounting, incorrect summing up of vote returns or intentional incorrect determination of referendum or plebiscite results by a member of an electoral or referendum commission or by a person appointed as a trustee or observer to such commission, -

shall be punished by a fine or corrective labour for up to a year, or with imprisonment for up to two years.

Article 164¹ -Vote buying

For election purposes offering, promising, handing over or rendering directly or indirectly money, securities (including financial instruments), other property, title in property, services or any other advantage, or knowingly accepting such offering, or entering into fraudulent, sham or other transactions to avoid statutory restrictions -

shall be punished by imprisonment for up to three years or with a fine.

Note:

1. The property provided for by this article shall not include inexpensive property associated with the campaign of a citizens' political union: T-shirts, caps, hats, flags and other similar property.

2. A person shall not incur criminal liability for offering, promising or handing over as a present the inexpensive property with the total value of not more than GEL 5 000, also for accepting this kind of presents within the scope of the celebration of festive events during a year.

3. A person who, for the election purposes, was offered or promised the provision or rendering, directly or indirectly, of money, securities (including financial instruments), other property, title in property, services or any other advantages, or participation in fraudulent, sham or other transactions for the purpose of avoiding statutory restrictions, shall be discharged from criminal liability if he/she has voluntarily reported this fact to the agency conducting criminal proceedings. A decision whether or not to discharge a person from criminal liability shall be made by the agency conducting criminal proceedings.

4. A person shall not incur criminal liability for political and election promises related to the future distribution of budgetary resources and to the implementation of the state policy in the future.

5. For the acts provided for by this article, a legal person (except for the party which is not held criminally liable) shall be punished by liquidation or deprivation of the right to carry out a particular activity and/or with a fine.

6. A person shall not incur criminal liability unless the amount in question (the amount of the transaction) exceeds GEL 100.

Law of Georgia No 2264 of 16 December 2005 – LHG I, No 55, 27.12.2005, Art. 366

Law of Georgia No 1796 of 13 December 2013 – web-site, 28.12.2011

Law of Georgia No 6117 of 8 May 2012 – web-site, 29.5.2012

Article 164² - Participation in the elections, referendum or plebiscite with forged documents

Voting or multiple voting in the elections, referendum or plebiscite using the identity or forged documents of another person, -

shall be punished by imprisonment for up to two years.

Law of Georgia No 2261 of 16 December 2005 – LHG I, No 55, 27.12.2005, Art. 366

Article 164³ - Electoral fraud

Intentional falsification of documents related to elections: of voters lists, protocols, voting bulletins and control sheets, -

shall be punished by imprisonment for up to two years.

Law of Georgia No 2261 of 16 December 2005 – LHG I, No 55, 27.12.2005, Art. 366

Article 165 - Encroachment upon the right to strike

Unlawful interference with the exercise of the right to strike using violence or threat of violence, or coercing persons into refraining from strike by using financial, official or other kind of dependence, -

shall be punished by a fine or corrective labour for up to a year, or with imprisonment for up to two years.

Article 166 - Interference with the establishment of political, public or religious associations or with their activities

Unlawful interference with the establishment of political, public or religious associations or with their activities using violence, threat of violence or official position, -

shall be punished by a fine or corrective labour for up to a year, or with restriction of liberty for up to two years, or with imprisonment for the same term.

Article 167 -Refusal to provide access to information or provision of incorrect information

Unlawful refusal to provide a person with information or official documents existing about that person, or to provide documents or materials directly affecting his/her rights and freedoms, also incomplete or distorted provision of or prevention in any other way of access to such information, documents or materials, which has resulted in considerable damage, -

shall be punished by a fine or corrective labour for up to a year, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Article 168 - Encroachment upon the freedom to work

Encroachment upon the freedom to work, i.e. interference with any type of lawful labour activity using violence or threat of violence, -

shall be punished by a fine or corrective labour for up to a year, or with imprisonment for up to two years.

Article 169 - Violation of the labour legislation

Coercion of a person into writing a resignation application on his/her own initiative or non-compliance with a court's decision on reinstating [a person] in work, -

Law of Georgia No 246 of 6 March 2013 – web-site, 20.3.2013

Article 170 -Breach of workplace safety rules

1. Breach of operational safety or other workplace safety rules by a person responsible for the observance of these rules, which has resulted in serious or less serious injury, -

shall be punished by a fine or corrective labour for up to a year, or with imprisonment for up to two years.

2. The same act that has caused death, -

shall be punished by imprisonment for a term of two to five years, with or without deprivation of the right to hold an official position or carry out a particular activity for up to three years.

3. The act specified in paragraph 1 of this article that has resulted in the death of two or more persons, -

shall be punished by imprisonment for a term of four to seven years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

CHAPTER XXIV - Crime against Family and Minors

Article 171 -Engagement of minors into anti-social activities

1. Persuading minors to get involved in beggary or other anti-social activities, -

shall be punished by community service from 170 to 240 hours or with corrective labour for up to two years or with imprisonment for up to two years.

2. Involving minors into the abuse of intoxicating drugs or medications, -

shall be punished by restriction of liberty for up to three years or with imprisonment for up to three years.

3. Engaging minors in prostitution using violence, threat of violence or by deceit, -

shall be punished by imprisonment for a term of two to five years.

Note: For the acts specified in this article a legal person shall be punished by deprivation of the right to carry out a particular activity or with liquidation and a fine.

Law of Georgia No 2458 of 20 June 2003 – LHG I, No 21, 15.7.2003, Art. 149

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 1728 of 11 December 2013 – web-site, 25.12.2013

Article 172 - Unlawful transactions with respect to minors for the purpose of their adoption

1. Purchase of a minor or any other unlawful transaction with respect to a minor for the purpose of their adoption -

shall be punished by a fine or imprisonment for up to a year.

2. The sale of a minor or any other unlawful transaction with respect to a minor for the purpose of their adoption, -

shall be punished by imprisonment for a term of two to five years.

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2355 of 6 June 2003 – LHG I, No 18, 24.6.2003, Art. 117

Law of Georgia No 2477 of 25 December 2009 – LHG I, No 50, 31.12.2009, Art. 395

Law of Georgia No 4630 of 5 May 2011 – web-site, 19.5.2011

Article 172¹ - Preliminary selection of pregnant women and creation of opportunities for taking pregnant women out of Georgia for childbirth or assistance in such placement for adoption

1. Preliminary selection, for adoption purposes, of pregnant women and creation of opportunities for taking pregnant women out of Georgia for childbirth or assistance in such placement for adoption, -

shall be punished by imprisonment for a term of three to seven years.

2. The same act committed repeatedly or by more than one person, -

shall be punished by imprisonment for a term of six to nine years.

Law of Georgia No 3078 of 26 August 2003 – LHG I, No 29, 18.9.2003, Art. 223

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 173 - Violation of the procedure for adoption or foster care

1. Violation of the procedure for adoption or foster care, which has resulted in grave consequences, -

shall be punished by a fine or corrective labour for up to two years, or with imprisonment for up to two years.

2. The same act committed by abusing one's official position, -

shall be punished by a fine or imprisonment for up to four years, with or without deprivation of the right to hold an official position or to carry out a particular activity for up three years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 174 - Substitution of children

Substitution of children for mercenary purposes or with other base motives, -

shall be punished by a fine or imprisonment for a term of three to five years, with or without deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 175 - Disclosure of confidentiality of adoption

1. Disclosure of confidentiality of adoption without the will of the adopting parent, -

shall be punished by a fine or corrective labour for up to six months.

2. The same act:

a) committed by a person who is obliged to keep confidential the fact of adoption as an official or professional secret;

b) which has resulted in grave consequences, -

shall be punished by a fine or restriction of liberty for up to three years, or with imprisonment for the same term, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Article 176 - Persistent avoidance of the payment of alimony

Persistent avoidance of the payment of the alimony assigned under a court ruling, -

shall be punished by a fine or community service from 120 to 240 hours or with corrective labour of up to a year.

SECTION EIGHT

ECONOMIC CRIME

CHAPTER XXV - Crime against Property

Article 177 -Theft

1. Theft, i.e. secretly taking another person's movable property for its unlawful appropriation, -

shall be punished by a fine or restriction of liberty from one to three years or with imprisonment for the same term.

2. The same act:

a) has resulted in considerable damage;

c) committed by illegally entering the premises or any other storage facility, -

shall be punished by imprisonment for a term of three to five years.

3. The same act committed:

a) with a prior agreement by a group;

b) repeatedly;

c) by illegal entry into an dwelling place;

d) against a vehicle, -

shall be punished by imprisonment for a term of four to seven years.

4. The same act committed:

a) by an organised group;

b) in large quantities;

c) by a person who has two or more previous convictions for unlawful appropriation or extortion of another person's property;

d) with respect to the oil or gas flowing in the main pipeline, -

shall be punished by imprisonment for a term of six to ten years.

Note:

1. Under this Chapter, 'large quantities' shall mean property (property) worth more than GEL 10 000.

2. The offence provided for by Articles 177-186 of this Code shall be deemed to have been committed repeatedly if it has been preceded by any of the crimes provided for by those articles and Articles 224, 231, 237 and 264.

3. Under this Chapter of the Code, a considerable damage shall mean the value of a property(s) worth more than GEL 150.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 333 of 30 May 2000 – LHG I, No 20, 31.5.2000, Art. 51

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 4213 of 29 December 2006 – LHG I, No 1, 3.1.2007, Art. 16

Article 178 - Robbery

1. Robbery, i.e. explicit seizure of another person's movable property for its unlawful appropriation, -

shall be punished by a fine or restriction of freedom from two to three years or with imprisonment for a term of three to five years.

2. The same act:

a) has resulted in considerable damage;

c) committed by illegally entering the premises or any other storage facility, -

shall be punished by imprisonment for a term of four to six years.

3. The same act committed:

a) with a prior agreement by a group;

b) repeatedly;

c) by illegal entry into an dwelling place;

d) using violence or threat of violence which does not endanger human life or health;

e) against a vehicle,-

shall be punished by imprisonment for a term of five to eight years.

4. The same act committed:

a) by an organised group;

b) in large quantities;

c) by a person who has two or more convictions for unlawful appropriation or extortion of another person's property, -

shall be punished by imprisonment for a term of seven to eleven years.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 333 of 30 May 2000 – LHG I, No 20, 31.5.2000, Art. 51

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 4213 of 29 December 2006 – LHG I, No 1, 3.1.2007, Art. 16

Law of Georgia No 5196 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 283

Article 179 - Aggravated robbery

1. Aggravated robbery, i.e. an assault for unlawfully appropriating another person's movable property using violence or threat of violence which endangers life or health, -

shall be punished by imprisonment for a term of five to seven years.

2. The same act committed:

a) by illegal entry into the premises or other storage facility;

b) by more than one person;

c) against a vehicle, -

shall be punished by imprisonment for a term of six to nine years.

3. The same act committed:

a) repeatedly;

b) by illegal entry into a dwelling place;

c) to seize large quantities of property, -

shall be punished by imprisonment for a term of eight to twelve years.

4. The same act committed:

a) by an organised group;

b) by a person who has two or more previous convictions for unlawful appropriation or extortion of another person's property, -

shall be punished by imprisonment for a term of eleven to fifteen years.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 4213 of 29 December 2006 – LHG I, No 1, 3.1.2007, Art. 16

Article 180 - Fraud

1. Fraud, i.e. taking property of another person or obtaining of title to the property by deceit for its unlawful appropriation, -

shall be punished by a fine or community service from 170 to 200 hours or with corrective labour or with imprisonment for a term of two to four years.

2. The same act:

a) committed by more than one person with a prior agreement;

b) causing substantial damage, -

shall be punished by a fine or imprisonment for a term of four to seven years.

3. The same act committed:

a) using the official position;

b) in large quantities;

c) repeatedly;

shall be punished by a fine or imprisonment for a term of six to nine years.

4. The same act committed:

a) by an organised group;

b) by a person who has two or more previous convictions for unlawful appropriation or extortion of another person's property, -

shall be punished by imprisonment for a term of seven to ten years.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Article 181 - Extortion

1. Extortion, i.e. demanding another person to hand over property or title in property or the right to use property by threatening to use violence against the victim or the victim's close relative or to destroy or damage their property or to make public the information that may damage their reputation or otherwise damage substantially their rights, -

shall be punished by a fine or imprisonment of two to four years.

2. The same act committed:

a) jointly by more than one person;

b) repeatedly;

c) for obtaining property in large quantities, -

shall be punished by imprisonment for a term of four to seven years.

3. The same act committed:

a) by an organised group;

b) by a person who has two or more previous convictions for unlawful appropriation or extortion of another person's property, -

shall be punished by imprisonment for a term of six to nine years.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 212 of 24 June 2000 – LHG I, No 18, 9.7.2004, Art. 61

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

Law of Georgia No 4213 of 29 December 2006 – LHG I, No 1, 3.1.2007, Art. 16

Article 182 - Appropriation or embezzlement

1. Unlawful appropriation or embezzlement of another person's property or property rights provided this property or property rights was lawfully held or managed by the misappropriator or embezzler, -

shall be punished by a fine or restriction of liberty for up to three years or with imprisonment for a term of three to five years.

2. The same act:

a) with a prior agreement by a group;

b) repeatedly;

c) that has resulted into considerable damage;

d) using the official position, -

shall be punished by a fine or imprisonment for a term of four to seven years, with deprivation of the right to hold an official position or to carry out a particular activity for up three years.

3. The act provided for by paragraph 1 or 2 of this article which has been committed:

a) by an organised group;

b) in large quantities;

c) by a person who has two or more convictions for unlawful appropriation or extortion of another person's property, -

shall be punished by imprisonment for a term of seven to eleven years, or with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 403 of 23 October 2008 – LHG I, No 29, 4.11.2008, Art. 176

Article 182¹ - (Deleted)

Law of Georgia No 1565 of 21 June 2002 – LHG I, No 21, 12.7.2002, Art. 93

Law of Georgia No 595 of 11 November 2004 – LHG I, No 34, 16.11.2004, Art. 162

Article 182² - Enforcement activities without a licence

Enforcement activities without a licence provided for by the Law of Georgia on Enforcement Activities, -

shall be punished by a fine or imprisonment for up to a year.

Law of Georgia No 827 of 19 December 2008 – LHG I, No 41, 30.12.2008, Art. 305

Article 183 - Taking of property or documents holding particular historical, cultural, scientific or national value for their unlawful appropriation

1. Taking of property or documents holding particular historical, cultural, scientific or national value for their unlawful appropriation, -

shall be punished by imprisonment for a term of six to nine years.

2. The same act committed:

a) jointly by more than one person;

b) repeatedly, -

shall be punished by imprisonment for a term of nine to twelve years.

3. The same act committed by an organised group, -

shall be punished by imprisonment for a term of eleven to fifteen years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 184 - (Deleted)

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 4785 of 23 May 2007 – LHG I, No 19, 1.6.2007, Art. 166

Article 185 - Damage of property by deception

1. Damage of the property of the owner or holder of the property by deception unless there are signs of crime provided for by Article 180 of this Code, -

shall be punished by a fine or community service from 120 to 180 hours or with corrective labour for up to a year or with imprisonment for up to two years.

2. The same act:

a) with a prior agreement by a group;

b) repeatedly;

c) which has resulted in considerable damage, -

shall be punished by a fine or imprisonment for a term of one to three years.

3. The act provided for by paragraph 1 or 2 of this article which has been committed:

a) by an organised group;

b) in large quantities;

c) by a person who has two or more previous convictions for unlawful appropriation or extortion of another person's movable property, -

shall be punished by imprisonment of four to six years.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 186 - Purchase or sale of property obtained knowingly by illegal means

1. The use, purchase or sale of property obtained knowingly by illegal means, -

shall be punished by a fine or community service from 180 to 200 hours or with corrective labour for up to a year or with imprisonment for up to two years.

2. The same act committed:

a) with the preliminary agreement by a group;

b) repeatedly;

c) against a motor car;

d) in large quantities;

e) by a person who has two or more previous convictions for unlawful appropriation or extortion of another person's movable property, -

shall be punished by a fine or imprisonment for a term of two to five years.

3. The act provided for by paragraph 1 or 2 of this article which has been committed:

a) by an organised group;

b) using the official position;

shall be punished by imprisonment for a term of four to seven years.

Note: For the act provided for by this article, a legal person shall be punished by liquidation or with deprivation of the right to carry out a particular activity and with a fine.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 5953 of 19 March 2004 – LHG I, No 8, 28.3.2008, Art. 56

Law of Georgia No 403 of 23 October 2008 – LHG I, No 29, 4.11.2008, Art. 176

Law of Georgia No 5170 of 28 October 2011 – web-site, 11.11.2011

Article 187 - Damage or destruction of property

1. Damaging or destroying another person's property which has resulted in substantial damage, -

shall be punished by a fine or community service from 100 to 180 hours or with corrective labour for up to a year or with imprisonment for up to three years.

2. The same act committed by setting fire, explosion or using any other universally dangerous means, -

shall be punished by imprisonment for a term of three to five years.

3. The act provided for by paragraph 2 of this article, which has resulted in death by negligence or other grave consequences, -

shall be punished by imprisonment for a term of six to ten years.

4. The act provided for by paragraph 2 of this article, which has resulted in death by negligence of two or more persons, -

shall be punished by imprisonment for a term of nine to twelve years.

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 188 -Negligent damage or destruction of property

1. Negligent damage or destruction of another person's property which has resulted in substantial damage, -

shall be punished by a fine or corrective labour for up to a year, or with restriction of liberty for up to two years.

2. The same act committed by careless handling of fire or other source of heightened danger, -

shall be punished by a fine or corrective labour for up to two years or with restriction of liberty for up to three years, or with imprisonment for up to two years.

3. The act provided for by paragraph 2 of this article which has resulted in death or other grave consequences, -

shall be punished by imprisonment for a term of three to five years.

Law of Georgia No 458 of 30 June 2000 – LHG I, No 27, 17.7.2000, Art. 83

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 189 - Encroachment upon the rights of a holder of copyright or allied rights and upon the rights of database manufacturers

1. Appropriation of authorship of a copyrighted work or coercion into co-authorship, -

shall be punished by a fine or corrective labour for up to two years.

2. The act provided for by paragraph 1 of this article committed repeatedly, -

shall be punished by restriction of liberty for up to three years in length or with imprisonment for the same term.

3. Reproduction or unauthorised purchase, import, storage, sale, rent, transfer of a work, audio or video recording or database and/or other encroachments on the rights of a holder of the copyright, allied rights or of the manufacturer of a database in violation of the Law of Georgia on Copyrights and Allied Rights and committed to gain large income, -

shall be punished by a fine or restriction of liberty for up to two years.

4. The act provided for by paragraph 3 of this article

a) committed to gain particularly large income;

b) by a group with preliminary agreement, -

shall be punished by restriction of liberty for up to three years in length or with imprisonment for the same term.

Note:

1. The act provided for by this article shall be considered to have been committed to gain large income if the cost of the copies of the work, audio or video recording, or database or the income to be gained by the holder of the copyright, allied rights or by the manufacturer of a database in the case of lawful use of his/her rights exceeds GEL 5 000, and shall be considered to have been committed to gain particularly large income if the above cost or income exceeds GEL 10 000.

2. For the acts specified in this article a legal person shall be punished by deprivation of the right to carry out a particular activity or with liquidation and a fine.

Law of Georgia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Law of Georgia No 1733 of 23 June 2005 – LHG I, No 38, 15.7.2005, Art. 247

Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332

Article 189¹ -Encroachment upon industrial property right

1. Appropriation of authorship or coercion into co-authorship with respect to an invention, useful model, design, topographies of integrated circuits, or new species of plants or animals -

shall be punished by a fine or corrective labour for up to two years.

2. The act provided for by paragraph 1 of this article committed repeatedly, -

shall be punished by restriction of liberty for up to three years in length or with imprisonment for the same term.

3. Illegal use knowingly of another person's invention, useful model, design, integrated circuit topography, new species of plants or animals to gain income -

shall be punished by a fine or restriction of liberty for up to two years.

4. The act provided for by paragraph 3 of this article which has been committed jointly by more than one person with prior agreement, -

shall be punished by restriction of liberty for up to three years in length or with imprisonment for the same term.

Law of Georgia No 1733 of 23 June 2005 – LHG I, No 38, 15.7.2005, Art. 247

Law of Georgia No 3033 of 4 May 2010 – LHG I, No 27, 24.5.2010, Art. 185

CHAPTER XXVI - Crimes against entrepreneurial or other economic activities

Article 190 - Interference with lawful entrepreneurial activities

Unjustified refusal to register an enterprise, or to issue a permit or license, or restriction of the right or freedom to carry out economic activities, exercise of control over the operation of the enterprise in violation of the legislation of Georgia, or interference with the activities of an enterprise, which has resulted in considerable damage,

shall be punished by a fine or community service for 120 to 180 hours, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years, or with imprisonment for up to a year.

Law of Georgia No 923 of 8 June 2001 – LHG I, No 18, 28.6.2001, Art. 59

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 5035 of 22 June 2007 – LHG I, No 26, 11.7.2007, Art. 242

Article 191 - Illegal registration of transactions related to land

Illegal registration of transactions related to land, distortion of registration data in the public land cadastre or reduction of the land tax for mercenary purposes or any other personal motives, -

shall be punished by a fine or community labour from 120 to 180 hours or with the deprivation of the right to hold an official position or to carry out a particular activity for up to three years or with imprisonment for up to a year.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Article 192 - Illegal entrepreneurial activities

1. Carrying out illegal entrepreneurial activities without registration, permit or license, or in violation of the permit or licence terms, which has resulted in substantial damage or which was accompanied by receipt of large income, -

shall be punished by a fine or imprisonment for a term of one to three years.

2. The same act committed:

a) jointly by more than one person;

b) repeatedly;

c) by a person convicted for this kind of offence, -

shall be punished by a fine or imprisonment for a term of three to five years.

Note:

For the act specified in this article a legal person shall be punished by a fine, with deprivation of the right to carry out a particular activity or with liquidation and a fine.

Law of Georgia No 2937 of 28 April 2006 – LHG I, No 14, 15.5.2006, Art. 90

Law of Georgia No 5035 of 22 June 2007 – LHG I, No 26, 11.7.2007, Art. 242

Article 192¹ - Illegal educational activities

1. Issuance of education certificates recognised by the state without appropriate authorisation, or unauthorised use of the name of a general, vocational or higher educational institution, -

shall be punished by a fine.

2. The same act committed:

a) repeatedly;

b) by a person convicted for this kind of offence, -

shall be punished by a fine or imprisonment for a term of one to three years.

Note: For the acts provided for by this article a legal person shall be punished by a fine or liquidation and a fine.

Law of Georgia No 3538 of 21 July 2010 – LHG I, No 47, 5.8.2010, Art. 307

Article 192² - Illegal upbringing activities

Upbringing activities without a licence for upbringing activities provided for by the Law of Georgia on Licensing of Upbringing Activities, or upbringing activities of a branch specified in the same Law without observance of procedures under the Law of Georgia on Licensing of Upbringing Activities, which are carried out by a person who has been punished by an administrative penalty for such an act, or by a person who has had a previous conviction for this offence, –

shall be punished by a fine, or with imprisonment for up to two years.

Note:

1. A fine imposed on a natural person for committing an act under this article may not be less than doubled the amount of a fine defined under Article 46² of the Administrative Offences Code of Georgia.

2. For committing an act under this article, a legal person shall be punished with deprivation of the right to carry out activities, or with liquidation and a fine.

Law of Georgia No 5363 of 8 June 2016 – website, 17.6.2016

Article 193 – Pseudo-entrepreneurship

Pseudo-entrepreneurship, i.e. establishment of an enterprise without an intention to carry out entrepreneurial activities in order to borrow a loan or gain other kind of material benefit, or to conceal prohibited activities, which has resulted in substantial damage, -

shall be punished by a fine or imprisonment for up to three years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Article 194 - Legalisation of illegal income (money laundering)

1. Legalisation of illegal income, i.e. giving legal form to illicit and/or undocumented property (use, purchase, possession, conversion, transfer or other actions in connection with property) in order to conceal its illegal and/or undocumented origin or to assist another person in evading liability, as well as concealment or disguising of its genuine nature, source of origin, location, dislocation, movement, its title and/or of other rights related to it, -

shall be punished by a fine or imprisonment for a term of three to six years.

2. The same act:

a) committed jointly by more than one person;

b) committed repeatedly;

c) which was accompanied by receipt of large income, -

shall be punished by imprisonment for a term of six to nine years.

3. The same act:

a) committed by an organised group;

b) committed using one’s official position;

c) accompanied by receipt of particularly large income, -

shall be punished by imprisonment for a term of nine to twelve years.

Note:

1. For the purposes of this article, property, as well as income, or shares (interest) gained from this property shall be considered illicit if acquired unlawfully by the person, the person's family member, close relative or related person.

2. For the purposes of this article, property, as well as income, or shares (interest) gained from this property shall be considered undocumented if the person, the person's family member, close relative or related person does not have the documents that confirm that it has been acquired by legal means or if it has been obtained by the monetary resources gained from the alienation of the illicit property.

3. Under this article, large income shall mean income from GEL 30 000 to 50 000, and particularly large income shall mean income exceeding 50 000.

4. For the act provided for by this article, a legal person shall be punished by liquidation or with deprivation of the right to carry out a particular activity and with a fine.