CRIMINAL CODE OF GEORGIA

CRIMINAL CODE OF GEORGIA
Document number 2287
Document issuer Parliament of Georgia
Date of issuing 22/07/1999
Document type Law of Georgia
Source and date of publishing LHG, 41(48), 13/08/1999
Registration code 080.000.000.05.001.000.648
Consolidated publications
2287
22/07/1999
LHG, 41(48), 13/08/1999
080.000.000.05.001.000.648
CRIMINAL CODE OF GEORGIA
Parliament of Georgia
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Consolidated versions (15/12/2023 - 18/04/2024)

 

 

L 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

Law of Geor gia No 1471 of 4 October 2013 – website, 16.10.2013

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

 

Article 65 – Imposing obligations

In the case of a 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 Bureau of Crime Prevention, Execution of Non-custodial Sentences and Probation, 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 in correcting him/her.

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

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

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

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

 

Article 66 – Monitoring and assistance

1. The Bureau of Crime Prevention, Execution of Non-custodial Sentences and Probation shall monitor the conduct of a probationer and assist him/her. This agency shall supervise the fulfilment of obligations imposed on a person, and shall, in the case of the non-fulfilment thereof, immediately notify the court to this effect.

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

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

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

 

Article 67 Lifting the conditional sentence or extending/r educing the pr obation 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 within the Agency shall, based on the petition of the agency responsible for monitoring the conduct of and assisting probationers, make a decision on revoking a conditional sentence and removing the previous conviction of the probationer.

11 . (Deleted – 1.6.2017, No 944).

2. T aking into consideration the conduct of the probationer , the court, up on recommendation of the agency specified 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 , upon recommendation of the agency specified in paragraph 1 of this article, order the revocation of the conditional sentence and the enforcement of the sentence imposed under the judgment.

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 as provided for by Article 59 of this Code. The same procedure shall apply when imposing a sentence in the cases provided for by paragraph 4 of this article. As an exception, a conditional sentence may only be imposed when a plea bar gain is concluded between the parties under Chapter XXI of the Criminal Procedure Code of Geor gia, which shall be agreed upon with the General Prosecutor of Geor gia or a person authorised by him/her.

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

Law of Geor gia No 466 of 1 November 2008 LHG I, No 30, 7.1 1.2008, Art. 186

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 5266 of 1 1 November 201 1 – website, 24.1 1.201 1

Law of Geor gia No 5924 of 27 Mar ch 2012 – website, 19.4.2012

Law of Geor gia No 1796 of 13 December 2013 – website, 28.12.2013

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 Geor gia No 3813 of 30 November 2018 – website, 13.12.2018

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

Law of Georgia No 3887 of 30 November 2023 – website, 19.12.2023

 

Article 671 – Civil law agr eement

1. The agency specified in Article 67(1) of this Code 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 has duly fulfilled the obligations imposed under the civil law agreement , and if there are no grounds provided for under Article 67(3-5) of this Code and the court has not decided to extend the probation period under Article 67(2) of this Code.

2 . Th e prosecuto r ma y , takin g int o consideratio n th e conduc t o f th e probatione r , conclud e a civi l la w agreemen t wit h th e probatione r , i f he/sh e i s willin g an d abl e t o shar e his/he r knowledg e an d experienc e i n a certai n fiel d wit h others . Th e civi l la w agreemen t shal l define th e obligation s o f th e probatione r an d th e tim e limit s withi n whic h thes e obligation s ar e t o b e ful fille d an d afte r th e expiratio n o f whic h th e conditiona l sentenc e ma y b e revoke d an d th e recor d o f convictio n o f th e probatione r ma y b e removed .

3. The Bureau of Crime Prevention, Execution of Non-custodial Sentences and Probation 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 Geor gia No 6252 of 22 May 2012 – website, 29.5.2012

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

 

SECTION FOUR

RELEASING FROM CRIMINAL LIABILITY AND PUNISHMENT

 

CHAPTER XIII – Releasing fr om Criminal Liability

 

Article 68 – Releasing fr om criminal liability due to active r epentance

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 has voluntarily appeared to admit his/her guilt , assisted in solving the crime and indemnified 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 Geor gia No 292 of 5 May 2000 – LHG I, No 18, 15.5.2000, Art. 45

 

Article 69 – (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 361 9 o f 2 4 Septembe r 201 0 LH G I , N o 51 , 29.9.2010 , Art . 33 2

 

Article 70 – Releasing fr om criminal liability due to changed cir cumstances

The of fender may be released from criminal liability if it is established that the imposition of criminal liability for the given act is not appropriate due to the changed circumstances.

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

 

Article 701 Releasing fr om criminal liability due to cooperation of an accused person with investigative authorities

In exceptional cases, when the cooperation of an accused person with investigative authorities has revealed the identity of an official and/or a person(s) who committed a particularly serious crime, and the accused personally assisted in creating essential conditions required for solving the crime, the court may release the accused person from criminal liability .

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

 

Article 71 Releasing fr om criminal liability due to expiration of the limitation period

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

a) two years have passed after committing a crime for which the maximum sentence provided for under the Special Part of this Code does not exceed a two-year term of imprisonment;

b) six years have passed after committing another less serious crime;

c) ten years have passed after committing a serious crime;

c1) fifteen years have passed after committing crimes provided for in Articles 332-3421 of this Code, unless they constitute particularly seri ous crimes;

c2) twenty years have passed after committing crimes provided for in Articles 137-141 of this Code, unless they constitute particularly seri ous crimes;

d) thirty years have passed after committing a particularly serious crime.

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

3. The running of the limitation period shall be suspended if the of fender absconds during the investigation or trial. In this case, the running of the limitation period shall be resumed from the moment the of fender gets arrested or appears with the confession of guilt.

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

5. The limitation period shall not apply in the case provided for by an international agreement of Geor gia.

51. The limitation period shall not apply in the case of committing crimes provided for by Articles 1441-1443 of this Code, as well as in the case of committing crimes provided for by Articles 137-141 and 253-2552 of this Code in respect of minors. The limitation period shall not apply in the case of committing a crime determined by this Code, which is punished by life imprisonment and which has resulted in death.

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

7. Except as provided for by paragraphs 3 and 6 of this article, the running of the limitation period shall also be suspended during the time when it is impossible to carry out appropriate procedural actions under Article 16(2) of the Law of Geor gia on International Cooperation in Criminal Matters against a person extradited to Geor gia.

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

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

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

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 59 of 1 December 2016 – website, 13.12.2016

Law of Georgia No 4224 of 27 December 2018 – website, 27.12.2018

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

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

Law of Georgia No 3887 of 30 November 2023 – website, 19.12.2023

 

CHAPTER XIV – Releasing fr om Punishment

 

Article 72 – Release on par ole

1 . A perso n, on wh om the communit y service , correctiv e labou r , servic e restriction s fo r militar y personne l o r hous e arres t are imposed, ma y b e release d o n parol e i f th e cour t consider s tha t servin g o f th e ful l sentenc e i s n o longe r require d fo r his/he r correction , an d a perso n wh o ha s bee n sentence d t o the fixe d ter m imprisonment , excep t fo r a convicte d perso n place d i n a penitentiar y institutio n o f specia l risk , ma y b e release d o n parol e i f th e Loca l Counci l o f th e Ministr y o f Justic e o f Geo rgi a consider s tha t servin g o f th e ful l sentenc e i s n o longe r require d fo r his/he r correction . I n addition , thi s perso n ma y, i n ful l o r i n par t, b e release d fro m servin g th e supplementar y punishment .

2. Upon the release of the convicted person on parole, the obligation provided for by Article 65 of this Code may be imposed on him/her , which he/she must 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 sentence for a less serious crime;

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

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

d) three fourths of the sentence imposed on a person who was released on parole in the past and the release on parole was revoked under paragraph 6 of this article;

e) three fourths of the sentence if it was imposed on a person whose unserved sentence was substituted by a more lenient punishment and the substituted punishment was cancelled under Article 73(10) of this Code.

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 Bureau of Crime Prevention, Execution of Non-custodial Sentences and Probation, 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 the release on parole, the court may , upon recommendation of the authorities specified 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 a sentence on him/her under the procedure provided for by 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. (Deleted – 1.6.2017, No 944).

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 serving the house arrest imposed as a punishment under Article 73(31) of this Code, the actually served term of the house arrest as a punishment shall be counted towards the term defined in paragraph 3 of this article based on the following calculation: one day of house arrest – one day of imprisonment.

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

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

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 4630 of 5 May 201 1 – website, 19.5.201 1

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

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

Law of Georgia No 1796 of 13 December 2013 – website, 28.12.2013

Law of Geor gia No 2757 of 31 October 2014 – website, 1 1.1 1.2014

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

Law of Georgia No 3125 of 5 July 2018 – website, 11.7.2018

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

 

Article 721 – Revision of life imprisonment imposed as a punishment

1. If a convicted person on whom life imprisonment is imposed as a punishment has actually served 20 years of life imprisonment and successfully completed a programme for the preparation for release of persons sentenced to life imprisonment, approved by the Minister of Justice of Georgia, the court may release him/her on parole from further serving the sentence for the probation period provided for in Article 64(2) of this Code. The court shall make a decision on the basis of the summary report of the programme for the preparation for release of persons sentenced to life imprisonment, the character of crime, the way in which the convicted person behaved during his/her service of sentence, the fact of committing a crime by him/her in the past, his/her criminal record, the risk of repeated commission of crime, the family circumstances and the personality of the convicted person.

2. If, within the probation period, a convicted person:

a) deliberately evaded performance of a duty imposed on him/her , the court may , upon recommendati on of the bodies provided for in Article 72(5) of this Code, hold that the probation period be revoked and the life imprisonment be enforced;

b) committed a crime of negligence, the question of whether the probation period be revoked or remain ef fective shall be decided by the court;

c) committed an intentional crime, the court shall impose a punishment on him/her under the procedure established by Article 59 of this Code. The same procedure shall apply when a punishment is imposed on a convicted person for committing a crime of negligence if the court revokes the probation period.

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

Law of Geor gia No 90 of 11 January 2021 – website, 11.1.2021

 

Article 73 – Commutation of the outstanding sentence

1. The Local Council of the state sub-agency institution operating within the system of the Ministry of Justice of Geor gia – the Special Penitentiary Service may substitute the outstanding sentence of the person sentenced to imprisonment for a 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 supplementary punishment (except for the 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 state sub-agency institution operating within the system of the Ministry of Justice of Geor gia – the Special Penitentiary Service can substitute the unserved portion of a sentence of a convicted person on whom a fixed term imprisonment is imposed as a punishment, except for a convicted person placed in a special risk penitentiary institution, by community service with his/her own consent. In this case, the provisions of Article 44 (except for paragraphs 1 and 2) of this Code shall not apply . In addition, it is possible that a convicted person be released, in full or in part, from serving the supplementary punishment (except for the confiscation of property).

31 . Th e Loca l Counci l o f th e stat e sub-agenc y institutio n operatin g withi n th e syste m o f th e Ministr y o f Justic e o f Geo r gi a – th e Specia l Penitentiar y Servic e ca n substitut e th e unserve d portio n o f a sentenc e o f a convicte d perso n o n who m a fixe d ter m imprisonmen t i s impose d a s a punishment , excep t fo r a convicte d perso n place d i n a specia l ris k penitentiar y institution , b y hous e arrest . I n thi s case , provision s o f Articl e 4 71 (2) , (4 ) an d (6 ) o f thi s Cod e shal l no t appl y . I n addition , i t i s possibl e tha t a convicte d perso n b e released , i n ful l o r i n part , fro m servin g th e supplementar y punishmen t (excep t fo r th e con fiscatio n o f property) .

4. The unserved portion of a sentence of a convicted person under paragraphs 3 and 31 of this article may only be substituted by community service or house arrest if he/she has actually served:

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

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

c ) a t leas t tw o third s o f a sentenc e t o b e serve d fo r a particularl y seriou s crime ;

d) two thirds of a sentence which was imposed on a person who was released on parole in the past and the release on parole was revoked under Article 72(6) of this Code;

e) two thirds of a sentence which was imposed on a person whose unserved portion of a sentence was substituted by a more lenient punishment in the past and the substituted sentence was revoked under paragraph 10 of this article.

5. (Deleted – 12.6.2016, No 3714).

6. The term of an actually served term of imprisonment of the convicted person specified in paragraph 3 or 31 of this article shall be at least th ree months.

7. Life imprisonment of a convicted person may be substituted by a community service or house arrest if he/she has actually served 15 years of imprisonment, has successfully completed a programme for the preparation for release of persons sentenced to life imprisonment, approved by the Minister of Justice of Georgia, and if the court considers that it is no longer required that the convict continue serving this sentence. The court shall make a decision on the basis of the summary report of the programme for the preparation for release of persons sentenced to life imprisonment, the character of crime, the way in which the convicted person behaved during his/her service of sentence, the fact of committing a crime by him/her in the past, his/her criminal record, the risk of repeated commission of crime, the family circumstances and the personality of the convicted person. Life imprisonment of a convicted person may be substituted by house arrest for a term of at least five and not more than ten years, and by community service – for the same term, based on the calculation under Article 62(3) of this Code.

8. If a portion of the imprisonment imposed as a punishment on a convicted person under paragraph 3 or 31 of this article has been counted as conditional, the probation period shall commence from the moment of serving the community service or house arrest imposed as a punishment.

9. The conduct of the convicted person specified in paragraph 3 or 31 of this article shall be monitored by the duly authorised Bureau of Crime Prevention, Execution of Non-custodial Sentences and Probation.

10. If, when serving community service, a convicted person under paragraph 3 or 7 of this article:

a) deliberately evaded community service, or if further serving of a sentence is not appropriate due to any other reason, the court may , upon recommendation of the Bureau of Crime Prevention, Execution of Non-custodial Sentences and Probation, hold that the community service be revoked and the unserved portion of imprisonment imposed as a punishment be enforced;

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

c) committed an intentional crime, the court shall revoke the community service and impose a punishment on the convicted person as provided for by Article 59 of this Code. A punishment for committing a crime of negligence shall be imposed on him/her under the same procedure if the court revokes the community service. As an exception, community service may only be applied when a plea bar gain is concluded between the parties under Chapter XXI of the Criminal Procedure Code of Geor gia, which shall be agreed upon with the General Prosecutor of Geor gia or a person authorised by him/her.

1 1. 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, during serving the house arrest, a convicted person under paragraph 31 or 7 of this article:

a) deliberately evaded fulfilment of the duties imposed, or if further serving of a sentence is not appropriate due to any other reason, the court may , upon recommendation of the Bureau of Crime Prevention, Execution of Non-custodial Sentences and Probation, hold that the house arrest be revoked and the unserved portion of the imprisonment imposed as a punishment be enforced;

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

c) committed an intentional crime, the court shall revoke the house arrest and impose a punishment on the convicted person as provided for by Article 59 of this Code. A punishment for committing a crime of negligence shall be imposed under the same procedure if the court revokes the house arrest. As an exception, house arrest may only be applied when a plea bar gain is concluded between the parties under Chapter XXI of the Criminal Procedure Code of Geor gia, which shall be agreed upon with the General Prosecutor of Geor gia or a person authorised by him/her.

13. In cases specified in paragraph 12 of this article, the period during which a convicted person served the sentence in the form of house arrest shall be included in the term of imprisonment, based on the following calculation: one day of house arrest – 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 Geor gia.

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 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 1398 of 1 1 July 2009 – LHG I, No 20, 28.7.2009, Art. 94

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 5626 of 27 December 201 1 – website, 12.1.2012

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

Law of Geor gia No 1796 of 13 December 2013 – website, 28.12.2013

Law of Geor gia No 2757 of 31 October 2014 – website, 1 1.1 1.2014

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 3125 of 5 July 2018 – website, 1 1.7.2018

Law of Geor gia No 3813 of 30 November 2018 – website, 13.12.2018

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

Law of Geor gia No 90 of 11 January 2021 – website, 11.1.2021

Law of Georgia No 3887 of 30 November 2023 – website, 19.12.2023

 

Article 731 Review of the sentence of a person sentenced to imprisonment as a r esult 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 cooperation of a person sentenced to imprisonment with investigative authorities , and if this person assists in creating essential conditions for solving the crime, the General Prosecutor of Geor gia 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 released from serving the sentence in the criminal cases provided for by Articles 1441- 1443 of this Code, as well as where the crimes provided for by Articles 137 - 139, 141 and 253-2552 of this Code have been committed against a minor.

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 3813 of 30 November 2018 – website, 13.12.2018

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

 

Article 74 – R eleasing fr om punishment due to illness or old age

1. The court may release a convicted person from further serving the sentence if his/her health status is not compatible with serving the sentence and if, based on the expert report, the recovery and/or substantial improvement of the health status of the convicted person is not expected.

2. The joint standing commission of the Ministry of Justice of Geor gia and the Ministry of Internally Displaced Persons from the Occupied T erritories, Labour , Health and Social Af fairs of Geor gia may release a convicted person placed in a penitentiary institution from further serving the sentence if he/ she has an illness or a combination of illnesses and it is difficult to maintain his/her basic life indicators irrespective of the treatment being administered, and if, furthermore, the expectation of lethality determined by the council of physicians on the basis of consensus is high.

3. Criminal liability may again be imposed on a convicted person released from further serving the sentence under this article, and a sentence may be fixed again in the case of his/her recovery if the periods of limitation provided for in Articles 71 and 76 of this Code have not passed.

4 . Th e cour t ma y releas e a perso n tha t ha s attaine d a n elderl y ag e durin g his/he r servic e o f sentenc e (6 5 year s fo r women , an d 7 0 year s fo r men ) fro m furthe r servin g th e sentenc e i f lif e imprisonmen t i s no t impose d o n him/he r a s a punishmen t an d he/she ha s serve d a t leas t hal f o f th e sentence .

5 . Whe n reviewin g th e issue s unde r paragraph s 1 an d 4 o f thi s article , th e cour t shal l conside r th e appropriatenes s o f enforcemen t o f th e imprisonmen t impose d a s a punishment , personalit y o f th e convicte d person , th e fac t o f his/he r commissio n o f a crim e i n th e past , th e characte r o f crime , it s motiv e an d purpose , th e consequence , th e ris k o f repeate d commissio n o f crime , th e wa y i n whic h th e convicte d perso n behave d durin g his/he r servic e o f sentence , an d othe r circumstance s tha t ma y hav e an in fluenc e o n th e cour t decision .

6. The grounds under this article for the release from further serving the sentence shall not apply to the punishment under Article 40(1)(i) of this Code.

7. If a convicted person is released from further serving the sentence under this article, he/she may also be released from serving a supplementary punishment.

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 Geor gia No 1629 of 4 July 2007 – LHG I, No 23, 24.7.2002, Art. 1 14

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

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

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 1796 of 13 December 2013 – website, 28.12.2013

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

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

 

Article 75 – Deferral of serving a sentence by pr egnant women

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

2. If, after being warned by the Bureau of Crime Prevention, Execution of Non-custodial Sentences and Probation, a convicted person rejects the child or evades nurturing the child, the court may , upon recommendation of the Probation Bureau, cancel the deferral of serving the sentence and send the convicted person to serve the sentence at the place assigned under the judgment.

3. When the child attains the age of 12 months , the court shall release 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 another crime, the court shall impose a punishment on him/her under Article 61 of this Code.

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

Law of Geor gia 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

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 Georgia No 5402 of 29 November 2019 – website, 10.12.2019

 

Article 76 – Releasing fr om serving the punishment due to the expiry of periods of limitation of judgment of conviction

1. A convicted person shall be released from serving the sentence if the judgment of conviction that has become effective 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 another less serious crime;

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

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

2 . Th e runnin g o f th e limitatio n perio d shal l b e suspende d i f th e convicte d perso n evade s servin g th e sentence . I n thi s case , th e limitatio n perio d shal l b e resume d fro m th e momen t th e convicte d perso n get s arreste d o r appear s wit h th e confessio n o f guilt . Th e tim e elapse d unti l th e avoidanc e o f servin g th e sentenc e shal l b e counte d toward s th e limitatio n period .

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

4. The limitation shall not apply in the case provided for in an international agreement of Geor gia.

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

6. Except as provided for by paragraphs 2, 4 and 5 of this article, the running of the limitation period shall also be suspended for a period during which it is impossible to carry out appropriate procedural actions under Article 16(2) of the Law of Geor gia on International Cooperation in Criminal Matters against a convicted person extradited to Geor gia.

7 . Whe n a judgmen t passe d b y a n authorise d foreig n cour t i s transmitte d t o Geo r gi a fo r enforcemen t unde r Chapte r V I o f th e La w o f Geo r gi a o n Internationa l Cooperatio n i n Crimina l Matters , th e relevan t authoritie s o f Geo r gi a shal l conside r th e ground s fo r suspendin g th e running of the limitatio n per i o d onl y when the y ar e simila r t o th e ground s fo r suspendin g th e runnin g o f th e limitatio n perio d provide d fo r b y thi s article .

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 361 9 o f 2 4 Septembe r 201 0 LH G I , N o 51 , 29.9.2010 , Art . 33 2

 

CHAPTER XV Amnesty , Pardon, Record of Conviction

 

Article 77 – Amnesty

1. Amnesty shall be declared by the Parliament of Geor gia with respect to individually undefined persons.

2 . Unde r a n ac t o f amnest y , a n o f fende r ma y b e release d fro m crimina l liabilit y an d a convicte d perso n ma y b e exempte d fro m punishmen t, o r the sentenc e impose d o n him/he r ma y b e reduce d o r substitute d b y a mor e lenien t 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 Geor gia in relation to an individually defined person, under the procedure established by the edict of the President of Geor gia.

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.

Law of Geor gia No 5041 of 1 October 2019 – website, 4 .10.2019

 

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 expunged 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. A person exempted from punishment shall be considered as a person having no record of conviction.

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

a) probationers – after the probation period expires;

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

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

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

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

4. If a convicted person is released on parole under a statutor y procedure or if his/her outstanding sentence has been substituted by a more lenient sentence, the time limit for the expungement of the record of conviction shall be calculated accordingly from the actually served sentence or from the moment of serving a more lenient punishment (basic and supplementary).

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 expungement of the record of conviction.

6. Expunged 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 Geor gia No 3714 of 12 June 2015 – website, 24.6.2015

 

CHAPTER XVI – (Deleted)

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

 

Article 80 – (Deleted)

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

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

 

Article 82 – (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 2458 of 20 June 2003 – LHG I, No 21, 15.7.2003, Art. 149

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

 

Article 83 – (Deleted)

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 3714 of 12 June 2015 – website, 24.6.2015

 

Article 84 – (Deleted)

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

 

Article 85 – (Deleted)

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 3714 of 12 June 2015 – website, 24.6.2015

 

Article 86 – (Deleted)

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

 

Article 861 – (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 3714 of 12 June 2015 – website, 24.6.2015

 

Article 87 – (Deleted)

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

 

Article 88 – (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 5196 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 283

Law of Geor gia No 2641 of 23 February 2010 LHG I, No 9, 15.3.2010, Art. 31

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

 

Article 89 – (Deleted)

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

 

CHAPTER XVII – (Deleted)

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

 

Article 891 – (Deleted)

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

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 90 – (Deleted)

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

 

Article 91 – (Deleted)

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

 

Article 92 – (Deleted)

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

 

Article 93 – (Deleted)

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

 

Article 94 – (Deleted)

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

 

Article 95 – (Deleted)

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

 

Article 96 – (Deleted)

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

 

Article 97 – (Deleted)

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

 

Article 98 – (Deleted)

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 5626 of 27 December 201 1 – website, 12.1.2012

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

Law of Geor gia No 1796 of 13 December 2013 – website, 28.12.2013

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

 

Article 99 – (Deleted)

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

 

Article 100 – (Deleted)

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

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

 

SECTION SIX – (Deleted)

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

 

CHAPTER XVIII – (Deleted)

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

 

Article 101 – (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 5181 of 3 July 2007 – LHG I. No 28, 18.7.2007, Art. 278

 

Article 102 – (Deleted)

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

 

Article 103 – (Deleted)

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

 

Article 104 – (Deleted)

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

 

Article 105 – (Deleted)

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

 

Article 106 – (Deleted)

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

 

Article 107 – (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 5181 of 3 July 2007 – LHG I. No 28, 18.7.2007, Art. 278

 

SECTION SIX1

CRIMINAL LIABILITY OF LEGAL PERSONS

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

 

CHAPTER XVIII1 – Criminal Liability of Legal Persons, T ypes of Punishment, Pr ocedur es and T erms for their Application

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

 

Article 1071 – Gr ounds for criminal liability of a legal person

1. The regulations established 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 under this Code, which is committed on behalf of or through and/or in favour of the legal person by a responsible person.

3. The responsible person specified 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 also be criminally liable 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 a natural person who committed the crime has been established.

41 . A lega l perso n shal l also b e criminall y liabl e if , du e t o th e imprope r performanc e o f supervisio n an d monitorin g b y th e responsibl e perso n speci fie d i n paragrap h 3 o f thi s article , a natura l perso n unde r th e subordinatio n o f th e lega l perso n wa s abl e t o commi t th e crim e i n favou r o f th e lega l 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 the criminal liability of a 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 established against him/her under the 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 Geor gia No 3530 of 25 July 2006 – LHG I, No 37, 7.8.2006, Art. 271

La w o f Geo r gi a N o 29 6 o f 2 6 Septembe r 200 8 LH G I , N o 22 , 9.10.2008 , Art . 15 3

 

Article 1072 – Criminal liability of legal persons

A legal person shall be criminally liable only when it is defined by an appropriate article of this Code.

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

Law of Geor gia No 5035 of 22 June 2007 – LHG I, No 26, 1 1.7.2007, Art. 242

Law of Geor gia No 5953 of 19 Mar ch 2008 – LHG I, No 8, 28.3.2008, Art. 56

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

La w o f Geo r gi a N o 79 5 o f 1 9 Decembe r 200 8 LH G I , N o 40 , 29.12.2008 , Art . 28 2

La w o f Geo r gi a N o 247 7 o f 2 5 Decembe r 200 9 LH G I , N o 50 , 31.12.2009 , Art . 39 5

Law of Geor gia No 2641 of 23 February 2010 LHG I, No 9, 15.3.2010, Art. 31

Law of Geor gia No 3446 of 16 July 2010 – LHG I, No 44, 28.7.2010, Art. 274

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 5170 of 28 October 201 1 – website, 1 1.1 1.201 1

Law of Geor gia No 61 17 of 8 May 2012 – website, 29.5.2012

 

Article 1073 T ypes of sentences

1. T ypes 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 a basic punishment.

3. A fine may be imposed both as a basic and a supplementary punishment.

4. The Confiscation of property may be imposed only as a supplementary punishment.

Law of Geor gia 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 Or ganic Law of Geor gia on the National Bank of Geor gia, appoint the liquidator(s) who shall ensure the liquidation of the legal person under the statutory procedure for liquidating a legal person. Costs associated with the liquidation shall be borne by the convicted legal person.

2. In the cases provided for by this Code, a commercial bank, a micro-bank, a microfinance organisation, a non-banking depositary institution, a payment service provider, a brokerage company, and a central depository shall be liquidated by a liquidator (liquidators) appointed by the National Bank of Geor gia, based on the legally ef fective final judgment of conviction.

[ 2. In the cases provided for by this Code, a commercial bank, a micro-bank, a microfinance organisation, a non-banking depositary institution, a payment service provider, a brokerage company, a central depository, an investment fund, an asset management company, and an authorised securitisation special purpose entity shall be liquidated by a liquidator (liquidators) appointed by the National Bank of Georgia, based on the legally effective final judgment of conviction. (Shall become effective from 1 April 2024)]

3. Liquidation may be applied if it is established that criminal activities are the main purpose of setting up of the legal person or a major part of its activities.

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

Law of Geor gia No 4191 of 3 September 2015 – website, 10.9.2015

Law of Geor gia No 451 of 10 Mar ch 2017 – website, 22.3.2017

Law of Geor gia No 1806 of 9 September 2022 – website, 23.9.2022

Law of Geor gia No 2620 of 22 February 2023 – website, 10.3.2023

Law of Geor gia No 3724 of 16 November 2023 – website, 7.12.2023

Law of Geor gia No 3941 of 15 December 2023 – website, 27.12.2023

 

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 one to ten years.

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

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

 

Article 1076 – A fine

1. The minimum amount of a fine for a legal person shall correspond to a 50-fold amount of a fine considered for a natural person under Article 42 of this Code.

2. The amount of a 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 enforce payment of a fine by a legal person as a basic punishment, this punishment shall be substituted by deprivation of the right to carry out activities or by liquidation.

4. If a fine is specified as both a basic and a supplementary punishment in the note to an article of the Special Part of this Code, the fine shall not be applied as a supplementary punishment when it is applied as a basic punishment.

5. (Deleted).

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

La w o f Geo r gi a N o 247 7 o f 2 5 Decembe r 200 9 LH G I , N o 50 , 31.12.2009 , Art . 39 5

 

Article 1077 – Confiscation of pr operty

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

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

 

SPECIAL P AR T

 

SECTION SEVEN

CRIME AGAINST HUMAN BEINGS

 

CHAPTER XIX – Crimes against Life

 

Article 108 – Intentional killing

Intentional killing, –

shall be punished by imprisonment for a term of ten to fifteen years, with or without restriction of the rights regarding weapons.

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

Law of Geor gia No 1580 of 24 May 2022 – website, 6.6.2022

 

Article 109 – Intentional killing under aggravating cir cumstances

Intentional killing:

a) related to hostage taking;

b) using the means that intentionally endanger the life or health of others;

c) aimed at concealing any other crime or facilitating its commission, –

d) of a pregnant woman knowingly by an of fender;

e) of a minor, a helpless person or a person with a disability knowingly by an of fender;

f) with hooligan motives;

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

h) on grounds of gender identity;

i) by a group of persons;

j) against a family member ;

k) of two or more persons;

l) with the extreme cruelty;

m) for mercenary purposes or by contract;

n) aimed at transplanting or otherwise using an or gan, part of an or gan or a tissue of a victim s body;

o) repeatedly (except for murders provided for in Articles 1 10-1 14 of this Code);

p) related to the official activities or performance of public duties of a victim or his/her close relative, –

shal l b e punishe d b y imprisonmen t fo r a ter m o f sixtee n t o twent y year s o r by lif e imprisonment , wit h o r withou t restrictio n o f th e right s regardin g weapons .

Note: In this Code, a close relative shall be a parent, adopting parent, child, foster child, grandfather , grandmother , grandchild, sister , brother , and spouse.

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 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

Law of Geor gia No 3446 of 16 July 2010 – LHG I, No 44, 28.7.2010, Art. 274

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

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

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

Law of Geor gia No 1580 of 24 May 2022 – website, 6.6.2022

 

Article 1 10 – Killing at victim s r equest

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 house arrest for a term of six months to two years or imprisonment for a term of two to five years.

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

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 11 1 Intentional murder in a state of sudden, str ong emotional excitement

1. An intentional murder in a state of sudden, strong emotional excitement caused by wrongful violence, grave insult, or any other grave immoral act committed by a victim against an of fender or his/her close relative, or by a psychological trauma caused by multiple wrongful or immoral behaviour of the victim, –

shall be punished by house arrest for a term of six months to one year, or imprisonment for a term of one to three years.

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

shall be punished by house arrest for a term of one to two years or imprisonment for a term of two to five years.

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

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 1 12 – Intentional infanticide by a mother

An intentional murder of an infant by a mother during the childbirth or immediately after the childbirth, –

shall be punished by house arrest for a term of six months to two years or imprisonment for a term of three to five years.

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 1 13 – Murder exceeding the self-defence limits

Murder exceeding the self-defence limits, –

shall be punished by corrective labour for a term of up to two years or house arrest for a term of six months to two years, or by imprisonment for a term of one to three years.

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

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 1 14 Murder exceeding the degree r equir ed for seizing a perpetrator

Murder exceeding the degree necessary for seizing the perpetrator , –

shall be punished by corrective labour for a term of up to two years or house arrest for a term of six months to two years, or imprisonment for a term of one to three years.

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

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 1 15 – Incitement to suicide

1. Incitement to suicide or attempted suicide by threatening or ill-treating the victim or by humiliating his/her honour or dignity , –

shall be punished by imprisonment for a term of two to four years, with or without the restriction of the rights regarding weapons.

2. The same act committed:

a) on the grounds of gender identity;

b) repeatedly , –

shall be punished by imprisonment for a term of three to six years, with or without the restriction of the rights regarding weapons.

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

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

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

 

Article 1 16 – Killing by negligence

1. Killing by negligence, –

shall be punished by house arrest for a term of six months to two years or imprisonment for a term of two to four years.

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

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

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

 

CHAPTER XX – Crimes against Health

 

Article 1 17 – Intentional infliction of serious harm to health

1. Intentional infliction of serious harm to health, i.e. bodily injury that is dangerous for life or which has caused the loss of eyesight, hearing, speech or any or gan or its function, mental illness, interruption of pregnancy , permanent disfigurement of the face or other such 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 four to seven years, with or without the restriction of the rights regarding weapons.

2. An act provided for by paragraph 1 of this article, which has caused the loss of life, –

shall be punished by imprisonment for a term of five to eight years, with or without the restriction of the rights regarding weapons.

3. An act provided for by paragraph 1 of this article, committed:

a) in connection with the official activities or performance of public duties of a victim or his/her close relative;

b) with regard to hostage- taking;

c) by the means that intentionally endanger the life or health of others;

d) with the aim of concealing any other crime or facilitating its commission;

e) against a family member;

f) by an of fender knowingly on a pregnant woman;

g) by an of fender knowingly on a minor, a helpless person or a person with a disability;

h) with hooligan motives;

i) on the grounds of race, religion, national or ethnic intolerance;

j) on the grounds of gender identity;

k) by a group of persons;

l) against two or more persons;

m) with an extreme cruelty;

n) for mercenary purposes or by contract;

o) with the aim of transplanting or otherwise using an or gan, part of an or gan or a tissue of a victim s body;

p) repeatedly (except for murders under Articles 1 10-1 14 of this Code);

q) by a person who had previously committed a murder under Article 108 or 109 of this Code, –

shall be punished by imprisonment for a term of nine to thirteen years, with or without the restriction of the rights regarding weapons.

4. An 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 ten to fourteen years, with or without the restriction of the rights regarding weapons.

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

Law of Geor gia No 3705 of 12 June 2015 – website, 30.6.2015

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

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

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

Law of Geor gia No 1580 of 24 May 2022 – website, 6.6.2022

 

Article 1 18 – Intentional infliction of less serious harm to health

1. Intentional infliction of less serious harm to health that is not dangerous for life and has not entailed a consequence provided for by Article 1 17 of this Code but which is related to a long-term deterioration of health or to a stable and less than one-third loss of general working ability , –

shall be punished by corrective labour for a term of up to 18 months or house arrest for a term of six months to two years, or by imprisonment for a term of two to four years, with or without the restriction of the rights regarding weapons.

2. Intentional infliction of less serious harm to health committed under the aggravating circumstances provided for by Article 1 17(3) of this Code, or by a person who had previously inflicted intentionally a serious health to health or committed an act provided for in Article 108 or 109 of this Code, –

shall be punished by imprisonment for a term of four to six years, with or without the restriction of the rights regarding weapons.

3. An act provided for in paragraph 2 of this article, which has caused the loss of life, –

shall be punished by imprisonment for a term of five to eight years, with or without the restriction of the rights regarding weapons.

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 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 1580 of 24 May 2022 – website, 6.6.2022

 

Article 1 19 – (Deleted)

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

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

 

Article 120 – Intentional infliction of minor harm to health

1 . Intentiona l infliction of minor harm to health, whic h ha s entaile d a short -ter m deterioratio n o f healt h o r a n insigni fican t o r unstabl e los s o f genera l workin g abilit y ,

shal l b e punishe d b y a fin e o r correctiv e labou r fo r a ter m o f u p t o si x months , o r hous e arres t fo r a ter m o f si x month s t o tw o years , o r imprisonmen t fo r a ter m o f one t o thre e years , wit h o r withou t the restrictio n o f th e right s regardin g weapons .

2. Intentiona l infliction of minor harm to health committed under the aggravating circumstances provided for by Article 1 17(3) of this Code, or by a person who had previously inflicted intentionally serious harm to health, less serious harm to health or committed an act provided for in Article 108 or 109 of this Code, –

shall be punished by imprisonment for a term of three to five years, with or without restriction of the rights regarding weapons.

Law of Geor gia No 5592 of 24 June 2016 – website 12.7.2016

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 3772 of 30 November 2018 – website, 14.12.2018

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

Law of Geor gia No 1580 of 24 May 2022 – website, 6.6.2022

 

Article 121 Intentional infliction of serious or less serious harm to health in the state of sudden and str ong emotional excitement

Intentional infliction of serious or less serious harm to health in the state of sudden and strong emotional excitement caused by wrongful violence, gross insult, or any other grievous immoral act committed by an af fected person against the of fender or his/her close relative, or by the psychological trauma caused by the repeated wrongful or immoral behaviour of the af fected person, –

shall be punished by a fine or community service for a term of 80 to 240 hours or house arrest for a term of six months to two years, or by imprisonment for a term of up to two years.

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 122 Infliction of serious or less serious harm to health by exceeding the self-defence limits

Infliction of serious or less serious harm to health by exceeding the self-defence limits, –

shall be punished by a fine or corrective labour for a term of up to six months or house arrest for a term of six months to two years, or imprisonment for a term of up to one year .

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

 

Article 123 Infliction of serious or less serious harm to health by exceeding the degree necessary for seizing an offender

Infliction of serious or less serious harm to health by exceeding the degree necessary for seizing an of fender , –

shall be punished by a fine or corrective labour for a term of up to six months or house arrest for a term of six months to two years, or imprisonment for a term of up to one year .

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

 

Article 124 – Infliction of serious or less serious harm to health by negligence

Infliction of serious or less serious harm to health by negligence, –

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

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 247 7 o f 2 5 Decembe r 200 9 LH G I , N o 50 , 31.12.2009 , Art . 39 5

 

Article 125 – (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

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

 

Article 126 – V iolence

1. Beating or an other type of violence that caused the victim's physical pain but did not entail the consequence provided for by Article 120 of this Code, –

shall be punished by a fine or community service for a term of 120 to 180 hours or house arrest for a term of six months to two years, or imprisonment for a term of up to one year , with or without the restriction of the rights regarding weapons.

11 . The same act committed:

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

b) by a group of persons;

c) against two or more persons;

d) repeatedly , –

shall be punished by a fine or community service from 180 to 240 hours or imprisonment for a term of up to two years, with or without the restriction of the rights regarding weapons.

12. Regular beating or another type of violence which caused physical or mental suf fering of an af fected person but did not entail a consequence provided for by Article 1 17 or 1 18 of this Code, –

shall be punished by house arrest for a term of one to two years, or imprisonment for a term of one to three years, with or without the restriction of the rights regarding weapons.

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

a) against two or more persons;

b) knowingly by the of fender against a pregnant woman;

c) in connec tion with the official duties of the victim or his/her close relative;

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

e) for hostage taking purposes;

f) by contract;

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

h) by abusing one's official position;

i) repeatedly;

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

k) by a group of persons;

l) using a weapon, –

shal l b e punishe d b y imprisonmen t fo r a ter m o f fou r t o si x years , wit h o r withou t the 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 fo r u p t o thre e years , wit h o r withou t the restrictio n o f th e right s regardin g weapons .

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

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

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

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

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

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

 

Article 1261 – Domestic violence

1. V iolence, regular insult, blackmail, humiliation by one family member against another family member , which has resulted in physical pain or anguish and which has not entailed the consequences provided for by Articles 1 17, 1 18 or 120 of this Code, –

shall be punished by community service from 80 to 150 hours or imprisonment for a term of up to two years, with or without the restriction of the rights regarding weapons.

2. The same act committed:

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

b) in the presence of a minor against his/her family member;

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 imprisonment for a term of one to three years, with or without the restriction of the rights regarding weapons.

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

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

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 2395 of 30 May 2018 – website, 8.6.2018

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

 

CHAPTER XXI – Endangering Human Life and Health

 

Article 127 – Endangering life

Endangering life of those who is not able to take measures to defend himself/ herself, –

shall be punished by a fine or house arrest for a term of six months to two years, or imprisonment for a term of up to two years.

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

 

Article 128 – Leaving in danger

Leaving without help of a person whose life was endangered and who was not able to take actions to protect himself/herself if a person who left was obliged to take care of and could help him/her , –

shal l b e punishe d b y a fin e o r correctiv e labou r fo r a ter m o f u p t o on e yea r o r communit y servic e fo r a ter m o f 12 0 t o 24 0 hour s o r hous e arres t fo r a ter m o f si x month s t o tw o years , o r b y imprisonmen t fo r a ter m o f u p t o tw o years .

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 129 – Failur e to help

Failur e t o provid e necessar y an d obviousl y u rgen t help t o a perso n whos e lif e i s endangere d i f th e o ffende r wa s abl e t o provid e assistanc e withou t seriousl y endangerin g himself/hersel f o r an y othe r person , o r failur e t o notif y th e appropriat e agenc y o r perso n abou t th e nee d fo r help ,

shall be punished by a fine or corrective labour for a term of up to two years or house arrest for a term of six months to two years, or imprisonment for a term of up to two years.

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 130 – Leaving a sick person in danger

1. Failure of a medical worker to provide ur gent medical aid, without a valid reason, to a sick person whose life is endangered, –

shall be punished by a fine or corrective labour for a term of up to 15 months, with or without the deprivation of the right to hold an office or to carry out activities for a term of up to three years, or by house arrest for a term of six months to one year .

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

shall be punished by imprisonment for a term of three to five years, with the deprivation of the right to hold an office or to carry out activities for up to three years, or by house arrest for a term of one to two years.

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

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 131 – Infecting with AIDS

1. Creation of a threat of intentional infection of another person with AIDS, –

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

2. Intenti onal infection of another person with AIDS, –

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

3. Infection of another person with AIDS by negligence when performing professional duties, –

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

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

a) against two or more persons;