CRIMINAL CODE OF GEORGIA

LA W OF GEORGIA

CRIMINAL CODE OF GEORGIA

GENERAL P AR T

SECTION ONE

CRIMINAL LA W

CHAPTER I – Criminal Legislation of Georgia

Article 1 – Criminal legislation of Georgia and its purpose

1. The Criminal Code of Geor gia shall establish grounds for criminal liability , define which acts are criminal and determine an appropriate punishment or any other type of a penal sanction.

2. This Code shall comply with the Constitution of Geor gia and with universally recognised principles and standards of international law .

3. The purpose of this Code shall be the prevention of criminal infringements and the protection of public order .

CHAPTER II – Scope of Criminal Law

Article 2 – Application of a 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 was about to act. The time when the result has occurred shall not matter .

Article 3 – Retroactive force of a 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 of this Criminal Law.

3. If the Criminal Law was amended several times between the commission of a crime and the delivery of the judgment, 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 an international agreement of Georgia.

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 abr oad

1. Citizens of Geor gia and persons having a status of stateless person in Geor gia, who have committed abroad an act under this Code, which is considered as a crime under the legislation of the state where it was committed, shall be criminally liable under this Code.

2 . Citizen s o f Geo r gi a an d person s havin g a statu s o f stateles s perso n i n Geo r gi a wh o hav e committe d abroa d a n ac t unde r thi s Code , whic h i s no t considere d a s a crim e unde r th e legislatio n o f th e stat e wher e i t wa s committed , shal l b e criminall y liabl e unde r thi s Code , provide d tha t th e ac t constitute s a seriou s o r a particularl y seriou s crim e agains t th e interest s o f Geo r gia , o r i f crimina l liabilit y fo r thi s crim e i s provide d fo r b y a n internationa l agreemen t o f Geo r gia .

3. Foreigners and stateless persons who commit a crime abroad shall be criminally liable under this Code, provided that the act constitutes a serious or a particularly serious crime against the interests of Geor gia, or if criminal liability for this crime is provided for by an international agreement of Geor gia.

4. Citizens of Geor gia and persons having a status of stateless person in Geor gia who have committed abroad an act under Articles 221, 223¹, 223², 223³, 223⁴, 338, 339 or 339¹ of this Code, which is not considered as 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 an act under this Code and who exercise public legal powers for Geor gia shall be criminally liable under this Code for committing a crime provided for by Articles 221, 338, 339 or 339¹ of this Code.

6. A person who has committed a crime in the territory of a diplomatic mission or a consular office of Geor gia abroad shall be criminally liable under this Code, unless otherwise provided for by an international agreement of Geor gia.

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

Law of Geor gia No 5170 of 28 October 201 1 – website, 1 1.1 1.201 1

Law of Geor gia No 6301 of 25 May 2012 – website, 12.6.2012

Law of Geor gia No 2152 of 18 April 2018 – website, 1.5.2018

Law of Georgia No 3158 of 20 July 2018 – website, 6.8.2018

Article 6 – Surr ender and extradition of offenders

1. Citizens of Geor gia and persons having a status of stateless person in Geor gia may not be extradited to another state for the purpose of criminal prosecution or serving a sentence, unless otherwise provided for by an international agreement of Geor gia. Citizens of Geor gia and persons having a status of stateless person in Geor gia shall be surrendered to the International Criminal Court (ICC) in cases and under the procedure provided for by the Statute of the ICC (Rome Statute) and the Law of Geor gia on International Cooperation in Criminal Matters.

2. Foreigners and stateless persons that have committed a crime and who are staying in Geor gia 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 agreement of Geor gia.

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 Geor gia, 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 Geor gia No 333 of 30 May 2000 – LHG I, No 20, 31.5.2000, Art. 51

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

Law of Geor gia No 6301 of 25 May 2012 – LHG I, website, 12.6.2012

SECTION TWO

CRIME

CHAPTER III – Gr ounds for Criminal Liability and Categories of a Crime

Article 7 – Gr ounds 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 Geor gia 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 the result or such threat would not have occurred this time .

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 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 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 a criminal law provides for 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 a domestic crime

A domestic crime shall mean a crime under Articles 109, 1 15, 1 17, 1 18, 120, 126, 133¹, 133², 137-141, 143, 144-144³, 149-151¹ , 160, 171, 187, 253-255¹, 381¹ and 381² of this Code, which is committed by one family member against another family member . Criminal liability for a domestic crime shall be determined according to an appropriate article of the Criminal Code of Geor gia specified in this article, with reference to that article.

Note:

1. For the purposes of this Code, the following persons shall be considered family members: a mother , father , grandfather , grandmother , spouse, person in an unregistered marriage, child (stepchild), foster child, foster carer (foster mother , foster father), stepmother, stepfather, grandchild, sister , brother , parent of the spouse, parent of the person in an unregistered marriage, spouse of the child (including the one in an unregistered marriage), former spouse, person who previously was in an unregistered marriage, guardian, custodian, supporter , person under guardianship and custodianship, beneficiary of support, as well as other persons that maintain or maintained a common household.

2. A domestic crime under Articles 109, 115, 1 17, 1 18, 120, 126, 126¹ , 137-139, 141, 143 and 144-144³ of this Code shall be considered committed repeatedly if commission of a domestic crime under Article 126¹ or any other aforementioned article preceded that domestic crime.

Law of Geor gia No 6434 of 12 June 2012 – website, 25.6.2012

Law of Geor gia No 2704 of 17 October 2014 – website, 31.10.2014

Law of Geor gia No 3052 of 18 February 2015 – website, 26.2.2015

Law of Geor gia No 59 of 1 December 2016 – website, 13.12.2016

Law of Geor gia No 754 of 4 May 2017 – website, 24.5.2017

Law of Geor gia No 763 of 4 May 2017 – website, 25.5.2017

Law of Geor gia No 2354 of 17 May 2018 – website, 29.5.2018

Law of Geor gia No 3772 of 30 November 2018 – website, 14.12.2018

Law of Geor gia No 5750 of 17 March 2020 – website, 23.3.2020

Law of Geor gia No 6760 of 13 July 2020 – website, 20.7.2020

Article 12 – Categories of a crime

1. On the basis of the maximum term of imprisonment provided for as a punishment under an article or part of an article of this Code, a crime shall be of the following three categories:

a) a less serious crime;

b) a serious crime;

c) a particularly serious crime.

2. An intentional crime or a crime of negligence for the commission of which the maximum sentence provided for under this Code does not exceed 5 years of imprisonment shall constitute a less serious crime.

3. An intentional crime for the commission of which the maximum sentence provided for under this Code does not exceed 10 years of imprisonment, also a crime of negligence for the commission of which the maximum sentence under this Code exceed 5 years of imprisonment shall constitute a serious crime.

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

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

CHAPTER IV – T ypes of a 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. T wo or more crimes provided for by dif ferent articles of this Code shall be considered a repeated crime 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 Geor gia 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 committing none 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 provided for 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 Geor gia 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 18 years of age, and 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 Geor gia No 5035 of 22 June 2007 – LHG I, No 26, 1 1.7.2007, Art. 242

Article 17¹ – Racketeering, racketeering gr oup, racketeers

1. Racketeering is a multiple and or ganised 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) if it has been conducted at least twice during five calendar years; this term does not include the period of detention and serving the sentence by a racketeer .

2. A legal person or any association of natural 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 2004 – LHG I, No 18, 9.7.2004, Art. 61

CHAPTER VI – Inchoate Crimes

Article 18 – Pr eparation of a crime

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

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

3. Criminal liability for the preparation of a crime shall be defined under a respective article of this Code providing for liability for a completed crime, by making reference to this article.

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

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

Law of Geor gia No 403 of 23 October 2008 – LHG I, No 29, 4.1 1.2008, Art. 176

Law of Geor gia No 5170 of 28 October 201 1 – website, 1 1.1 1.201 1

Article 19 – Attempted crime

1. An attempted crime 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 a respective article of this Code providing for liability for a completed crime, by making reference to this article.

Article 20 – Releasing fr om 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 – V oluntary 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 dissuaded the principal, timely informed relevant authorities or otherwise prevented the principal or other accomplices from completing the crime. An aider shall not be criminally liable either 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 instrument or means he/she has made available for the commission of the crime.

4. If, through their actions, the or ganiser , 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 consequences through his/her voluntary act, shall also not be criminally liable.

Law of Geor gia 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 – T ypes of accomplices

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

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 or ganiser , 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 or ganiser , abettor or aider .

7. If the principal has not completed 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 mor e 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 prelim inary agreement.

2. A crime shall be considered to have been committed jointly by more than one person with prelimin ary 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 or ganised group if it was committed by a structured group formed and acting jointly within a specific period of time and members of which have come together 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 or ganised 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 or ganised 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 Geor gia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

CHAPTER VIII – Cir cumstances 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 . Injurin g a perpetrato r fo r th e purpos e o f recoverin g th e propert y o r othe r legall y protecte d interest s tha t hav e bee n take n awa y throug h unlawfu l infringemen t shal l b e considere d lawfu l eve n whe n i t ha s occurre d immediatel y afte r th e wrongdoe r too k possessio n o f th e legall y protecte d interests , an d i f th e legall y protecte d interest s coul d stil l hav e bee n immediatel y 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 – Seizur e of an offender

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

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

Article 30 – Extr eme 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 an 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 less significant than the harm averted.

Law of Geor gia 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 under the conditions of a justified risk to achieve socially useful goals.

2. Risk shall be considered justified if this goal could not have been achieved without acting under risk and if the person has taken all measures to prevent harm to legally protected interests.

Article 32 – R eleasing fr om criminal liability for other legally justifiable acts

A perso n shal l no t ac t unlawfull y i f he/sh e commit s a n ac t provide d fo r i n thi s Cod e unde r suc h anothe r circumstanc e which , althoug h no t speci ficall y mentione d i n thi s Code , full y satis fie s th e requirement s fo r the lawfulnes s o f thi s act .

CHAPTER IX – Cir cumstances Excluding and Mitigating Guilt

Article 33 – Releasing fr om criminal liability due to age

A person shall not be blamed for an unlawful act provided for by this Code if he/she has not atta ined 14 years of age before the act was committed.

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

Law of Geor gia 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 – Releasing fr om 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 .

La w o f Geo r gi a N o 226 4 o f 1 6 Decembe r 200 5 – LH G I , N o 55 , 27.12.2005 , Art . 36 7

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 Geor gia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

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

Law of Geor gia 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 . Whe n a mistak e i s no t pardonable , th e perso n ma y b e hel d liabl e onl y fo r negligence , provide d tha t th e commissio n o f thi s ac t i s punishe d unde r thi s 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 fr om criminal liability for other non-culpable actions

A person shall act culpably if he/she commits an act provided for in this Code under such an other circumstance that, although not specifically mentioned in this Code, fully satisfies the requirements for non-culpability of this act.

SECTION THREE

SENTENCE

CHAPTER X – Goals and T ypes of Sentences

Article 39 – The goal of a sentence

1. The goal of a sentence is to restore justice, prevent repeated commission of a crime and re-socialise the of fender .

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 Geor gia.

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

Law of Geor gia No 2697 of 9 Mar ch 2010 – LHG I, No 12, 24.3.2010, Art. 70

Article 40 – T ypes of sentences

1. T ypes of sentences are as follows:

a) a fine;

b) deprivation of the right to hold an office or carry out activities;

c) community service;

d) corrective labour;

e) service restrictions for military personnel;

f) (deleted – 1.6.2017, No 944);

f¹) house arrest;

g) fixed term imprisonment;

h) life imprisonment;

i) confiscation of property;

j) restriction of the rights regarding weapons;

k) deprivation of a military rank.

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

La w o f Geo r gi a N o 64 9 o f 5 Decembe r 200 0 – LH G I , N o 47 , 14.12.2000 , Art . 13 4

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

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

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

Law of Geor gia No 944 of 1 June 2017 – website, 20.6.2017

Law of Geor gia No 2395 of 30 May 2018 – website, 8.6.2018

Law of Geor gia No 3536 of 21 September 2023 – website, 12.10.2023

Article 41 – Basic and supplementary punishments

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

2. Community service, house arrest, fine and deprivation of the right to hold an office or carry out activities may be imposed as both basic and supplementary punishments. Confiscation of property, restriction of the rights regarding weapons, and deprivation of a military rank may be imposed only as a supplementary punishment.

2¹. Several supplementary punishments may be imposed simu ltaneously .

3. (Deleted).

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

La w o f Geo r gi a N o 64 9 o f 5 Decembe r 200 0 – LH G I , N o 47 , 14.12.2000 , Art . 13 4

Law of Georgia No 1627 of 4 July 2002 – LHG I, No 23, 24.7.2002, Art. 113

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

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

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

La w o f Geo r gi a N o 89 3 o f 2 6 Decembe r 200 8 – LH G I , N o 41 , 30.12.2008 , Art . 31 7

Law of Geor gia No 944 of 1 June 2017 – website, 20.6.2017

Law of Geor gia No 2395 of 30 May 2018 – website, 8.6.2018

Law of Georgia No 3536 of 21 September 2023 – website, 12.10.2023

Article 42 – A fine

1. A fine shall be a monetary penalty .

2. The minimum amount of a fine shall be GEL 2 000. If an appropriate article of the Special Part of this Code provides for 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 . Th e cour t shall , i n it s judgment , refe r t o th e amoun t o f a payabl e fin e i n lar is .

5. A fine may also be imposed as a supplementary punishment when it is not considered as a supplementary punishment under an appropriate article of this Code, except for a crime under Article 126¹ of this Code.

5¹. (Deleted – 12.6.2016, No 3714).

6. If a convicted person evades paying the fine or if the payment cannot be enforced, this punishment shall be substituted by community service, corrective labour , house arrest 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 house arrest based on the following calculation: GEL 50 of the imposed fine – 4 hours of community service, one day of corrective labour , one day of house arrest. In addition, if a person maliciously evades the community service, corrective labour or house arrest imposed instead of the fine, it shall be substituted by imprisonment, to the extent and under the procedure determined by this Code for this type of punishment.

7. A fine may not be imposed as basic punishment for domestic violence under Article 126¹ of this Code, or for committing domestic crime under 11¹ of this Code.

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

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

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

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

Law of Geor gia No 3052 of 18 February 2015 – website, 26.2.2015

Law of Geor gia No 3714 of 12 June 2015 – website, 24.6.2015

Law of Geor gia No 944 of 1 June 2017 – website, 20.6.2017

Law of Geor gia No 5027 of 20 September 2019 – website, 01.10.2019

Articl e 4 3 – Deprivatio n o f th e righ t t o hol d a n of fic e o r carr y ou t activitie s

1. Deprivation of the right to hold an office or carry out activities shall mean that a convicted person shall not hold an appointed office in public service or in municipal bodies or pursue professional or other activities.

2. Deprivation of the right to hold an office or carry out activities shall be imposed as a basic punishment for a term of one to five years and as a supplementary punishment for a term of six months to three years.

3. Deprivation of the right to hold an office or to carry out a particular activity may be imposed as a supplementary punishment even when it has not been considered as a punishment 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 of fender ’ s personality , the court considers it impossible to reserve him/her the right to hold an office or carry out activities.

4. At the time of imposing community service or corrective labour as a basic punishment, also, in the case of a conditional sentence, the term of a supplementary punishment imposed in the form of the deprivation of the right to hold an office or carry out activities shall be calculated from the moment when the court judgment enters into force. The term of a supplementary punishment imposed in the form of the deprivation of the right to hold an office or carry out activities in addition to the house arrest or imprisonment imposed as a basic punishment, shall be calculated from the moment when the court judgment enters into force and shall extend over the entire term of service of the basic punishment.

La w o f Geo r gi a N o 64 9 o f 5 Decembe r 200 0 – LH G I , N o 47 , 14.12.2000 , Art . 13 4

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

La w o f Geo r gi a N o 364 9 o f 1 0 Novembe r 200 6 – LH G I , N o 44 , 27. 1 1.2006 , Art . 29 7

Law of Geor gia No 944 of 1 June 2017 – website, 20.6.2017

Law of Geor gia No 6950 of 15 July 2020 – website, 28.7.2020

Article 44 – Community service

1. Community service shall mean free labour of a convicted person where the type of labour is determined by the Bureau of Crime Prevention, Execution of Non-custodial Sentences and Probation, a territorial body of the Legal Entity under Public Law within the governance of the Ministry of Justice of Georgia – the National Agency of Crime Prevention, Execution of Non-custodial Sentences and Probation (‘the Agency’).

2. Community service shall be imposed for a term of 40 to 800 hours. If a fine is substituted by community service, or in the case provided for by Article 73(3) and (7) of this Code, or if a plea bar gain is concluded between the parties, it may also be imposed for a longer period. The daily length of the community service must not exceed eight hours.

3. If a convicted person refuses to render or deliberately evades community service, this punishment shall be substituted by a fine, house arrest or imprisonment. In addition, the time during which the convicted person was serving this sentence shall be counted towards the term of the house arrest or imprisonment based on the following calculation: five hours of community service – one day of house arrest, one day of imprisonment.

4 . Communit y servic e shal l no t b e impose d o n disable d person s o f firs t an d secon d categories , pregnan t women , an d wome n wit h childre n under 7 years of age , person s o f retiremen t age , a s wel l a s fo r recruite d militar y servic e persons .

5. Community service may be imposed as a supplementary punishment even when it has not been considered as a sentence under the relevant article of this Code.

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

La w o f Geo r gi a N o 89 3 o f 2 6 Decembe r 200 8 – LH G I , N o 41 , 30.12.2008 , Art . 31 7

Law of Geor gia No 2697 of 9 Mar ch 2010 – LHG I, No 12, 24.3.2010, Art. 70

Law of Geor gia No 4430 of 1 1 Mar ch 201 1 – website, 22.3.201 1

Law of Geor gia No 6252 of 22 May 2012 – website, 29.5.2012

Law of Geor gia No 6504 of 19 June 2012 – website, 2.7.2012

Law of Geor gia No 944 of 1 June 2017 – website, 20.6.2017

Law of Georgia No 5402 of 29 November 2019 – website, 10.12.2019

Article 45 – Corr ective labour

1. Corrective labour shall be imposed for a term of 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 judgment shall be deducted from the convicted person’ s salary in favour of the State.

3. If a convicted person deliberately evades corrective labour , this punishment shall be substituted by house arrest or imprisonment. In addition, the time during which the convicted person was serving this sentence shall be counted towards the term of the house arrest or imprisonment based on the following calculation: one day of corrective labour – one day of house arrest; three days of corrective labour – one day of imprisonment.

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

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

Law of Geor gia No 944 of 1 June 2017 – website, 20.6.2017

Article 46 – Service r estriction of military persons

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 three months to two years.

3. When imposing service restrictions for military personnel, the sum in the amount esta blished by the verdict, but not more than twenty percent, 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 Geor gia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

Article 47 – (Deleted)

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

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

Law of Geor gia No 5626 of 27 December 201 1 – website, 12.1.2012

Law of Geor gia No 944 of 1 June 2017 – website, 20.6.2017

Article 47¹ – House arr est

1. House arrest shall mean imposition on a convicted person of the obligation to stay in his/her place of residence during the specific period of day .

2. House arrest shall be imposed on a person with no criminal record for a term of six months to two years.

3. If imprisonment, community service, corrective labour or fine is substituted by the house arrest, it may be imposed even for a term less than six months and more than two years.

4. If a convicted person deliberately evades house arrest, this punishment shall be substituted by imprisonment – for a term of the house arrest imposed under the court judgment. In addition, the time during which the convicted person was serving this sentence shall be counted towards the term of the imprisonment based on the following calculation: one day of house arrest – one day of imprisonment.

5. Generally, house arrest shall be enforced with the use of a means of electronic supervision. The decision about not using a means of electronic supervision shall be made by the Agency. 6. House arrest shall not be imposed on a conscripted military servant and on a person who has committed a domestic crime.

7. It shall be forbidden for a convicted person to cross the border of Geor gia during the period of his/her serving the house arrest.

Law of Geor gia No 944 of 1 June 2017 – website, 20.6.2017

Law of Geor gia No 3125 of 5 July 2018 – website, 1 1.7.2018

Law of Georgia No 5402 of 29 November 2019 – website, 10.12.2019

Article 48 – (Deleted)

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

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

Article 49 – (Deleted)

La w o f Geo r gi a N o 64 9 o f 5 Decembe r 200 0 – LH G I , N o 47 , 14.12.2000 , Art . 13 4

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 six months to twenty years, except as provided for by Article 59 of this Code.

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

2². Fixed term imprisonment shall not apply to minors under Article 26(8) of the Code on Child Rights, except for the cases provided for by the legislation of Georgia.

3. If community service, corrective labour , house arrest 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, No 546).

5. When imposing a fixed term imprisonment, the court may , by its judgment 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 bar gain agreement, a particularly serious crime has been committed, a conditional sentence may be counted as a quarter of the sentence imposed, as one third of the sentence in the case of a serious crime, and as a half of the sentence in the case of a less serious crime.

6. (Deleted).

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

La w o f Geo r gi a N o 226 4 o f 1 6 Decembe r 200 5 – LH G I , N o 55 , 27.12.2005 , Art . 36 7

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

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

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

Law of Geor gia No 2697 of 9 Mar ch 2010 – LHG I, No 12, 24.3.2010, Art. 70

La w o f Geo r gi a N o 361 9 o f 2 4 Septembe r 201 0 – LH G I , N o 51 , 29.9.2010 , Art . 33 2

Law of Geor gia No 546 of 17 April 2013 – website, 8.5.2013

Law of Geor gia No 2243 of 16 April 2014 – website, 2.5.2014

Law of Geor gia No 3714 of 12 June 2015 – website, 24.6.2015

Law of Geor gia No 944 of 1 June 2017 – website, 20.6.2017

Law of Geor gia No 5009 of 20 September 2019 – website, 27.9.2019

Law of Geor gia No 5909 of 21 May 2020 – website, 25.5.2020

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 60 years of age by the time the judgment is delivered.

Law of Geor gia No 3714 of 12 June 2015 – website, 24.6.2015

Article 52 – Confiscation of pr operty

1. Confiscation of property shall mean gratuitous deprivation in favour of the State of the object and/or the instrument of 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 the instrument of 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 the instrument of 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 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 .

La w o f Geo r gi a N o 236 1 o f 8 Septembe r 199 9 – LH G I , N o 43(50) , 21.9.1999 , Art . 21 2

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

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

La w o f Geo r gi a N o 361 9 o f 2 4 Septembe r 201 0 – LH G I , N o 51 , 29.9.2010 , Art . 33 2

Article 52¹ – Restriction of the rights r egarding weapons

1. Restriction of the rights regarding weapons shall mean the restriction and/or prohibition of manufacturing or purchasing of weapons, and/or of keeping or carrying and/or using of weapons (including service weapons).

2. Restriction of the rights regarding weapons may be imposed as a supplementary punishment only when it is provided for under a respective article for commission of an of fence.

3. When the restriction of the rights regarding weapons is imposed as a supplementary punishment, it is not necessary that a weapon be the instrument of crime or be intended for commission of crime.

4. The restriction of the rights regarding weapons shall be imposed as a punishment for a term of one to five years.

5. When community service, corrective labour or house arrest is imposed as a basic punishment, also in the case of a conditional sentence, the term of the restriction of the rights regarding weapons imposed as a supplementary punishment shall be calculated from the moment of entry of the court judgment into force. When imprisonment is imposed as a basic punishment, the term of the restriction of the rights regarding weapons imposed as a supplementary punishment shall be calculated from the moment of serving the basic punishment.

6. In the case of the restriction of the rights regarding weapons, a weapon shall be seized and the seized weapon shall be stored under the procedure established by the legislation of Geor gia.

Note: For the purposes of this punishment, the word ‘weapons’ shall have the meaning provided for in Article 2(a) of the Law of Geor gia on W eapons.

Law of Geor gia No 2395 of 30 May 2018 – website, 8.6.2018

Article 52² – Deprivation of a military rank

1. A person may be deprived of a military rank in the case of committing the crimes provided for by Chapters XXXVII and XXXVIII and Section Fourteen of this Code.

2. A person shall be deprived of a military rank permanently.

Law of Georgia No 3536 of 21 September 2023 – website, 12.10.2023

CHAPTER XI – Sentencing

Article 53 – Principles of sentencing

1. The court shall impose a fair sentence on an of fender 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 the liability of the of fender , 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 of fender , personal and financial circumstances, and conduct of the of fender after the of fence, in particular , the of fender ’ s desire to indemnify the damage and reconcile with the victim.

3¹. (Deleted – 4.5.2017, No 763).

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 Geor gia No 5925 of 27 Mar ch 2012 – website, 19.4.2012

Law of Geor gia No 763 of 4 May 2017 – website, 25.5.2017

Article 53¹ – Aggravating factors for punishment

1. Commission of crime on the basis of race, skin colour , language, sex, sexual orientation, gender , gender identity , age, religion, political or other views, disability , citizenship, national, ethnic or social affiliation, origin, property or birth status, place of residence or other signs of discrimination with the reason of intolerance shall be an aggravating factor for liability for all respective crimes.

2. Commission of crime by one family member against another family member , against a helpless person, a minor or in his/her presence, with the extreme cruelty , with the use of a weapon or under the threat of using a weapon, by abusing the official position shall be an aggravating factor for liability for all respective crimes.

3. When imposing a fixed term imprisonment for a crime committed with an aggravating factor under paragraph 1 or 2 of this article, the term of a sentence to be served shall exceed, at least by one year, the minimum term of sentence provided for the committed crime under the respective article or part of an article of this Code.

4. If an article or part of an article of the Special Part of this Code refers to a factor under paragraph 1 or 2 of this article as to an element qualifying the crime, and if there are grounds under Article 55 or 63(1) of this Code, the procedure under paragraph 1 of this article shall not be taken into consideration when imposing a sentence.

Law of Geor gia No 763 of 4 May 2017 – website, 25.5.2017

Law of Geor gia No 3772 of 30 November 2018 – website, 14.12.2018

Article 54 – Imposing a sentence under mitigating cir cumstances

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 under the respective article or part of an article of the Special Part of this Code.

Article 55 – Imposing mor e lenient sentences than pr ovided for by law

The court may impose a sentence that is less than the lowest limit of the measure of a sentence provided for by an appropriate article of this Code, or another, more lenient sentence if a plea bargain is concluded between the parties.

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

La w o f Geo r gi a N o 235 2 o f 2 0 Decembe r 200 5 – LH G I , N o 55 , 27.12.2005 , Art . 37 4

Law of Geor gia 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 Geor gia 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 r ecidivism

1. When imposing a fixed term imprisonment for recidivism, the term of a sentence to be served shall exceed, at least by one year, the minimum term of the sentence provided for this crime under the respective 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 63(1) of this Code, the procedure under paragraph 1 of this article shall not be taken into consideration when imposing a sentence for recidivism.

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

Law of Geor gia No 5035 of 22 June 2007 – LHG I, No 26, 1 1.7.2007, 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 provided 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 paragraph 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 judgment was delivered on the first case. In this case, the sentence that has been served in full or in part under the first judgment 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 judgment the outstanding part of the sentence imposed under the previous judgment, or the sentence imposed under the latest judgment 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 judgment is delivered, except when the probation period for the conditional sentence imposed on the convicted person under the previous judgment 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 arrested for committing the crime provided for by the latest judgment. 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 provided for under the general part of this Code for the given type of sentence.

8. In the case of cumulative crimes or sentences, a supplementary punishment may be imposed along with the basic punishment. The final supplementary punishment imposed at the time of accumulation may not exceed the maximum extent provided for under the general part of this Code for a given type of sentence.

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

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

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

Law of Geor gia No 546 of 17 April 2013 – website, 8.5.2013

Article 60 – (Deleted)

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

Law of Geor gia 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, one day of imprisonment shall be equal to:

a) two days of house arrest;

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 office or carry out activities, when added to house arrest or imprisonment, shall apply separately .

La w o f Geo r gi a N o 64 9 o f 5 Decembe r 200 0 – LH G I , N o 47 , 14.12.2000 , Art . 13 4

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

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

Law of Geor gia No 4430 of 1 1 Mar ch 201 1 – website, 22.3.201 1

Law of Geor gia No 944 of 1 June 2017 – website, 20.6.2017

Article 62 – Calculation of the term of a sentence and cr edit towards the sentence

1. The term for the deprivation of the right to hold an office or carry out activities, for corrective labour , service restrictions for military personnel, house arrest and imprisonment shall be calculated in years and months, while the term for community service shall be calculated in hours, except when a plea bar gain 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 period of pre-trial detention 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 house arrest, and three days of corrective labour or service restrictions for military personnel, five hours of community service.

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

5. If a fine or deprivation of the right to hold an office or carry out activities was imposed on a person, who was in pre-trial detention, as a basic punishment, the court shall, taking the period of detention into account, either mitigate the sentence imposed or completely release him/her from serving it.

La w o f Geo r gi a N o 64 9 o f 5 Decembe r 200 0 – LH G I , N o 47 , 14.12.2000 , Art . 13 4

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

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

La w o f Geo r gi a N o 89 3 o f 2 6 Decembe r 200 8 – LH G I , N o 41 , 30.12.2008 , Art . 31 7

Law of Geor gia No 4430 of 1 1 Mar ch 201 1 – website, 22.3.201 1

Law of Geor gia No 6504 of 19 June 2012 – website, 2.7.2012

Law of Geor gia No 944 of 1 June 2017 – website, 20.6.2017

CHAPTER XII – Conditional Sentence

Article 63 – Gr ounds for imposing conditional sentences

1. If a plea bar gain is concluded between the parties, the court may rule that the sentence imposed be considered conditional. This rule shall not apply to the case provided for by paragraph 1¹ of this article.

1¹. If the convicted person has committed crimes under Article 137-139, 141 and 253-255² of this Code, the sentence imposed may not be considered as fully conditional.

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

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, provided that the convicted person was not previously convicted of commit ting a particularly serious or intentional serious crime.

4. If the convicted person was previously convicted of committing two or more intentional serious crimes, the sentence imposed may not be considered as conditional.

5. (Deleted – 12.6.2016, No 3714).

6. A supplementary punishment may be imposed in the case of a conditional sentence.

La w o f Geo r gi a N o 64 9 o f 5 Decembe r 200 0 – LH G I , N o 47 , 14.12.2000 , Art . 13 4

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

Law of Geor gia No 3714 of 12 June 2015 – website, 24.6.2015

Law of Geor gia No 6753 of 13 July 2020 – website, 20.7.2020

Article 64 – Pr obation period

1. In the case of the circumstances provided for in Articles 50(5) and 63 of this Code, the court shall determine a probation period during which the convicted person must not commit another crime and must fulfil the duty imposed on him/her . When a more lenient punishment than imprisonment is imposed, the probation period must not be less than one and more than three years; and when imprisonment is imposed, the probation period must not be less than one and more than six years, and when the final punishment is imposed based on the accumulation of sentences in the case of cumulative crimes and cumulative sentences, the probation period must not be less than two and more than six years.

2. When there is a ground under Article 72¹(1) of this Code, the court shall fix the probation period of not less than two and not more than seven years.

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

La w o f Geo r gi a N o 361 9 o f 2 4 Septembe r 201 0 – LH G I , N o 51 , 29.9.2010 , Art . 33 2