THE CRIMINAL CODE OF GEORGIA
GENERAL PART
BOOK 1
CRIMINAL LAW
CHAPTER 1
Criminal Legislation Of Georgia
Art. 1. Criminal legislation of Georgia
- The Criminal Code of Georgia determines the grounds for criminal liability,
actions, which are criminal, and establishes appropriate punishment or other
measures under criminal law.
- The Criminal Code is consistent with the Constitution of Georgia and
the Universally Recognized Principles and Standards of the International Law.
- The Criminal Code aims at evading criminal infringement and protecting
lawfulness.
CHAPTER 2
The Scope Of Validity Of The Criminal Law
Art. 2. The temporal validity of criminal law
- An action is deemed illegal and punishable under the law, which has been
valid during the time of the commission of the action.
- The time of the commission of an offense is the time when the offender
or his accomplice was acting or was supposed to act. The time when the goal
was achieved is not significant.
Art. 3. Retroactive effect of criminal law
- A criminal statute, which repeals certain prohibitions, reduces punishment
or otherwise improves the condition of a convict, has retroactive effect,
i.e. it affects those, who had committed an action before this statute took
effect, as well as those who are serving their sentence or those who have
served their sentence, but are considered previously convicted.
- If a new criminal statute reduces punishment for the actions, for which
a person is serving his sentence, the sentence shall be reduced under the
new criminal statute.
- If a criminal statute has been altered from the commencement till the
completion of an offense, the statute which has been valid at the completion
of the offense, shall be applied.
- If a criminal statute has been altered several times from the commission
of an offense till the enforcement of a sentence, the more lenient statute
shall be applied.
- Coercive measure of training or medical nature shall be applied only
under statute, which was valid at the time the court made its decision on
the case.
Art. 4. The validity of criminal law with respect to offenses committed
within the territory of Georgia
- Those, who commit an offense within the territory of Georgia will be
criminally prosecuted under this Code.
- An offense will be considered as committed within the territory of Georgia,
if it has started, continued, finished or stopped within the territory of
Georgia. This Code is valid with respect to the offenses that have been committed
within the continental shelf or special economic zone of Georgia.
- Those, who commit an offense on or against the vessel, which is located
on the high seas or in the air and which flies the Georgian flag or carries
Georgian identification, will be criminally prosecuted under this Code, if
not otherwise provided by an international treaty to which Georgia is a party.
- Those, who commit an offense on or against a military warship or military
aircraft of Georgia, shall be criminally prosecuted under this Code, irrespective
of their location.
- If a diplomatic representative of a foreign country or a person, who
enjoys diplomatic immunity, commits an offense within the territory of Georgia,
the issue of their criminal prosecution shall be settled in accordance with
international norms.
Art. 5. Criminal prosecution for an offense committed abroad
- If a citizen of Georgia, or a stateless person, who permanently lives
in Georgia, commits an offense abroad, he shall be criminally prosecuted under
this Code, provided the action committed by them is considered offense within
the territory of the state, where it has been committed, and this person has
not been convicted abroad.
- If a citizen of Georgia or a stateless person, who permanently lives
in Georgia, commits the action prohibited by this Code abroad and that action
is not considered offense within the territory of that state, he shall be
prosecuted under this Code, if the action committed undermines the interests
of Georgia and falls within the category of serious or especially serious
offenses.
- A citizen of a foreign country or a stateless person, who does not permanently
live in Georgia, will be criminally prosecuted under this Code, if they have
committed a serious or especially serious ffense against the interests of
Georgia, provided criminal prosecution for such offense is provided by an
international treaty, to which Georgia is a party, and if they have not been
prosecuted in a foreign state and are to be tried within the territory of
Georgia.
Art. 6. Extradition of an offender
- If a citizen of Georgia or a stateless person, who does not permanently
live in Georgia, commits an offense within the territory of a foreign state,
he shall not be extradited to that state, if not otherwise provided by an
international treaty, to which Georgia is a party.
- If a foreign citizen or a stateless person, who has committed an offense
abroad, is in Georgia, he can be extradited to a foreign country to be criminally
prosecuted or to serve his sentence, as provided by an international treaty,
to which Georgia is a party.
- A person, who has committed an offense and found refuge in Georgia, shall
not be extradited to a foreign state, if he has been persecuted for political
beliefs or if for the offense he has committed he can be sentenced to capital
punishment in the state, which demands his extradition. The issue of criminal
prosecution of this person shall be settled pursuant to international law.
BOOK 2
OFFENSE
CHAPTER 3
Ground For Criminal Liability; Categories Of Offenses
Art. 7. Ground for criminal liability
- Offense, i.e. an illegal action committed guiltily under this Code, is
a ground for criminal liability.
- The action, which formally contains the elements of any action provided
by this Code, but due to its insignificance has not caused any damage, or
has not created a risk of any damage, which would necessitate criminal prosecution
of a perpetrator, shall not be considered an offense.
Art. 8. Causal relation
- If according to a respective article of this Code an offense is considered
completed, when an action has caused a hazardous outcome or created a concrete
risk of such outcome, it is necessary to state a causal relation between the
action and outcome or concrete risk.
- A causal relation exists when an action constituted a requisite precondition
for a hazardous outcome or the concrete risk provided by this Code. Without
such action this outcome would not follow or such a concrete risk would not
be created.
- Inactivity shall be considered a requisite precondition for a hazardous
outcome or a concrete risk provided by this Code, if a person was specially
required to perform any action pursuant to law, he had an opportunity to perform
such action and as a result of this action the outcome would have been avoided.
Art. 9. Intentional offense
- An action shall be deemed an intentional offense if it has been committed
with direct or indirect intention.
- An action shall be deemed intentional if a person had realized the unlawful
nature of his action, anticipated the outcome of such action and desired that
outcome, or anticipated the inevitability of that outcome.
- An action shall be deemed unintentional if a person had realized the
unlawful nature of his action, anticipated the possibility of the outcome
of such action and has not desire that outcome, but has knowingly admitted
to it or has been indifferent to it.
Art. 10. Negligent offense
- An action shall be deemed a negligent offense if it has been committed
in an overconfident and reckless manner.
- An action shall be deemed overconfident if a person had realized that
the action is contrary to the norms of prudence and generally anticipated
the possibility of the outcome of such action, but unreasonably hoped to avoid
that outcome.
- An action shall be deemed reckless, if a person had not realized that
the action is contrary to the norms of prudence and had not anticipated the
possibility of the outcome of such action, although he was obliged to and
could do so.
- A negligent action shall be deemed an offense, if it is clearly provided
by a respective article of this Code.
Art. 11. Liability for an offense, which has been followed by an outcome
- If criminal law provides for a more severe punishment for the resulting
outcome, which an offender did not intend to cause, such punishment shall
be imposed only if the outcome has been caused as a result of the offender's
negligence. Such offense shall not be deemed an intentional offense.
- A person shall be found guilty for any element of an intentional offense
only if it was a part of his intention.
Art. 12. Categories of offenses
- According to the maximum term of imprisonment provided by any article or
a part of article of this Code, offense are divided into three categories:
- Lesser offense;
- Serious offense;
- Especially serious offense.
- Lesser offenses include those intentional or negligent offenses, for which
a person shall be sentenced to not more than 5 years of imprisonment under
this Code.
- Serious offenses include those intentional or negligent offenses, for which
a person shall be sentenced to not more than 10 years of imprisonment under
this Code.
- Especially serious offenses include those intentional offenses, for which
a person shall be sentenced to more than 10 years or life imprisonment under
this Code.
CHAPTER 4
Types Of Consolidated/Single Offenses
Art. 13. Uninterrupted offense
- Any offense provided by an article or part of an article of this Code,
which has started as an action or inaction and thereafter continues uninterruptedly,
is deemed an uninterrupted offense.
- An uninterrupted offense is deemed completed upon ceasing the action.
Art. 14. Continuous offense
- Any offense provided by an article or a part of an article of this Code,
which includes two or more actions committed with a single purpose and intention,
is deemed a continuous offense.
- A continuous offense is deemed completed upon ceasing last action.
CHAPTER 5
Multitude Of Offenses
Art. 15. Multiple offense
- A multiple offense implies committing two or more offenses under an article
or a part of an article of this Code. Two or more offenses under an article
or a part of an article of this Code shall be deemed a multiple offense only
if so provided by a respective article of this Code.
- An offense shall not be deemed multiple if a person has been excused for
the offense committed previously pursuant to law, or his conviction for the
offense committed previously has been revoked.
- If according to this Code a multiple offense serves as a ground for imposing
more severe punishment, two or more offenses committed by a person shall be
categorized according to a respective part of an article of this Code, which
provides for a punishment for a multiple offense.
Art. 16. Aggregate offense
- An aggregate offense means committing two or more actions provided by different
articles or parts of articles of this Code. An aggregate offense also implies
committing an action, which includes the elements of offenses provided by
two or more articles or parts of articles of this Code, for which a person
has never been convicted.
- For an aggregate offense criminal liability shall be imposed on a person
for each offense committed, as provided by a respective article or a part
of an article of this Code.
- If an action is stipulated by general and special norms, an aggregate offense
does not exist and criminal liability shall be imposed on a person pursuant
to a special norm.
Art. 17. Repeated intentional offense
- A repeated intentional offense implies the commission of an intentional
offense by a person, who has previously committed an intentional offense.
- A repeated intentional offense exists if:
- A person, who has previously committed an intentional offense not
less than twice and has been sentenced to imprisonment, commits an intentional
offense, for which he shall be sentenced to imprisonment;
- A person, who has previously committed a serious intentional offense
and has been sentenced to imprisonment, commits a serious intentional
offense.
- A repeated especially serious intentional offense exists if:
- A person, who has previously committed a lesser intentional offense
three or more times or an especially serious offense and has been sentenced
to imprisonment, commits an intentional offense, for which he shall be
sentenced to imprisonment.
- A person, who has previously been convicted for an especially serious
intentional offense twice or an especially serious offense, commits an
especially serious offense.
- When categorizing an offense as a repeated intentional offense, previous
conviction for the offense committed before the age of 18, as well as the
previous conviction, which has been revoked pursuant to Article 84 of this
Code, shall not be taken into consideration.
- In case of a repeated intentional offense a more severe punishment can
be imposed on the basis of this Code.
CHAPTER 6
An Incomplete Offense
Art. 18. Preparation for an offense
- Preparation for an offense implies intentionally creating conditions for
an offense.
- Criminal liability shall be imposed only for preparing for a serious or
especially serious offense.
- Criminal liability for preparing for an offense shall be determined in
accordance with a respective article of this Code, which provides for the
liability for a completed offense and indicates this Article.
Art. 19. Attempted offense
- An attempted offense implies an intentional action, which is directly aimed
at committing an offense, if an offense has not been completed.
- Criminal liability for an attempted offense shall be determined in accordance
with a respective article of this Code, which provides for the liability for
a completed offense and indicates this Article.
Art. 20. Liability for inchoate crime
Preparation or attempted crime will not incur criminal liability in the event
adequate criminal consequences could not be achieved by the means used as a
result of ignorance or other personal deficiency.
Art. 21. Deliberately desisting from crime
- Criminal liability will not be incurred on a person in the event he or
she deliberately and finally desisted from the completion of a crime.
- Person who deliberately desisted from the completion of a crime will become
subject to criminal liability only in the event the action committed by him
or her is already a crime.
- An organizer, abettor or accessory of a crime will not become subject to
criminal liability in the event he dissuaded the perpetrator of a crime, informed
government agency in a timely manner, or otherwise interfered with the commission
of a crime and as a result executor was not able to complete a crime.
- A physical abettor will not become subject to criminal liability in the
event he did not fulfill the promise given to a perpetrator or other accomplice,
or returned the weapon or other mean assigned for the commission of a crime
before the completion of a crime.
- In the event organizer or psychical abettor of a crime were not able to
prevent the commission of a crime by the perpetrator despite the measures
taken by them for this purpose, the court may consider the measures taken
as mitigating circumstances while imposing punishment.
- The person, who did his or her best in order to reach adequate criminal
consequences, but after by the way of active involvement was able to avoid
these consequences, will not be punished.
CHAPTER 7
Perpetration And Complicity Of A Crime
Art. 22. Perpetration
The perpetrator of a crime is the person who directly committed a crime or
directly participated (with accomplices) in the commission of a crime. The perpetrator
is the person who committed a crime with the assistance of a person who in accordance
with this code due to age, mental illness or other circumstances can not become
subject to criminal liability for the crime committed.
Art. 23. Concept of Complicity
Complicity in a crime is the deliberate participation of two or more person
in the commission of premeditated crime.
Art. 24. Types of Complicity
- The organizer of a crime is the person who arranged the commission of a
crime or supervised the process of the commission of a crime or created and
organized a group or leaded such a group.
- An abettor is the person who made another person to commit a premeditated
crime.
- Accessory is the person who assisted the commission of a crime.
Art. 25. Liability of a Perpetrator and an Accomplice
- The liability will be imposed on a perpetrator and an accomplice on the
basis of general unlawful action only for his own guilt, taking into consideration
the nature and the quality of participation of each individual.
- A co-perpetrator of a crime will be liable for the crime in accordance
with respective article of this Code, without the stipulation of this article.
- The criminal liability of organizer, abettor or associate of a crime will
be determined in accordance with respective article of this Code with stipulation
of this article except in the case when they were at the same time co-perpetrators
of a crime.
- When on the side of a perpetrator, co-perpetrator or accomplice is a sign
that characterizes unlawful action, than this sign will be assigned to other
perpetrator or accomplice who did not have this sign on their side but had
realized it.
- Personal sign that is natural the personality of one of the perpetrators
or accomplices will be assigned to that perpetrator or accomplice for whom
this sign is natural.
- An accomplice will become subject to criminal liability as an organizer,
abettor or associate for participation in a crime the perpetrator of which
can become the special subject to the respective crime provided by this code.
- In the event an executor has not completed the crime, an accomplice will
become subject to criminal liability for participation in preparation of a
crime or attempt of a crime. The body, which due to external circumstances
was not able to impel other person to commit a crime, will also become subject
to criminal liability.
Art. 26. Excess of the Perpetrator of a Crime
- "Excess of the perpetrator" means the commission of such unlawful
action by perpetrator, which was not premeditated by other co-perpetrator
or accomplice.
- Other perpetrators or accomplices will not become subject criminal liability
for the excess of a perpetrator.
Art. 27. Group Crime
- A crime is committed by the group of individuals when two or more perpetrators
participated in the commission of the crime without prior consent.
- A crime is committed by the group of individuals with primary consent when
participants in a crime preliminarily agreed to commit a crime together.
- A crime is committed by an organized group when it was implemented by an
established group of individuals, who preliminarily unified for the commission
of one or several crimes.
- In the event stipulated by the respective article of this code, the person
who created and led an organized group will become subject to criminal liability
for the creation and leading of the organized group. The same person will
become subject to criminal liability for all the crimes committed by this
group if they were committed in accordance with his or her intent. Other members
of organized group will be liable for the participation in the group in the
events considered by respective article of this Code, also for those crimes
that were prepared and participated in them.
CHAPTER 8
Circumstances Excluding Unlawfulness
Art. 28. Necessary Self-defense
- The action of a person stipulated by this code will not be considered as
unlawful in the event it was committed in the circumstances of necessary self-defense,
i.e. in the event the person injures the violator for the purpose of protection
of his or another person's legal rights that are being unlawfully violated.
- A person has the right of necessary self-defense despite the fact that
he or she is able to avoid the violation or call for help.
- Injury of a violator in order to return property or other goods lost as
a result of unlawful violation will be considered as lawful only in the event
it took place directly after these goods were transferred to the violator
and in the event there was a real chance to return back the lost goods.
- Excess of necessary self-defense means obvious disproportionality between
the nature of defense by defender and the danger.
Art.29. Excess of Necessary Self Defense
A person who acts in excess of necessary self-defense based on fear, confusion
caused by unlawful action, or other reasonable circumstances will not be punished.
Art. 30. Capture of a Criminal
- A person who captures criminal for the purpose of transferring him or her
to governmental agencies is not violating law unless he or she acted in excess
of necessary measures.
- Acting in excess of measures necessary for the capture of a criminal means
an obvious disproportionaly between the measures taken and the gravity of
the crime committed by the person who was captured and the circumstances of
capture.
Art. 31. Extreme Necessity
A person who commits an action stipulated by the respective article of this
code in the circumstances of extreme necessity, i.e. the person who inflicted
harm upon the other person in order to avoid the danger that threatened the
goods of the person who inflicted harm or the goods of the other person protected
by the law, provided this danger could not be avoided by other means and injured
goods were of less importance than saved goods, does not act unlawfully.
Art. 32. Lawful Risk
- The person who in order to achieve the socially beneficial goal within
the frame of a lawful risk which otherwise violates the law does not act unlawfully.
- Risk is deemed to be lawful provided the goal could not be achieved by
actions free from risk and the person took all possible measures in order
to avoid a violation of law.
Art. 33. Implementation of an Order
- The person who while performing a compulsory order, violates the law does
not act unlawfully. The person who gave the illegal order will become subject
to criminal liability for the given unlawful action.
- A person who intentionally implemented criminal order is liable upon the
general basis of criminal law.
Art. 34. Release from Criminal Liability in the event of other Lawful Circumstances
The person who commits an action stipulated by this code in the presence of
such circumstances that are not specifically mentioned in this code, but satisfy
the conditions of lawfulness of action does not act unlawfully.
CHAPTER IX
Circumstances Excluding Guilt
Art. 35. Incompetence based on Age
- Unlawful action stipulated by criminal law will not be assigned as guilt
to a person who while committing the crime had not reached the age of fourteen
years.
- A person who has reached the age of fourteen years before committing a
crime will be criminally liable for premeditated murder (Article 110), premeditated
murder in aggravating circumstances (Article 111), premeditated severe bodily
injury (Article 119), premeditated less severe health injury (Article 120),
kidnapping or other restriction of another persons liberty (Article 136),
rape (Article 145), violent sexual offense (Article 150) theft (Article 182),
burglary (Article 183), robbery (Article 184), premeditated damage to property
(Article 190.2), terror ( Article 226), hostage taking (Article 228), hooliganism
in aggravating circumstances (Article 234.2 and 234.3), theft or robbery of
a weapon and explosives (Article 244), damage to roads and transport facilities
(Article 263), auto-theft (Article 267), unlawfully obtaining narcotics (Article
281), unlawfully obtaining especially dangerous narcotics (Article 282).
Art. 36. Psychological Insanity
- Person will not become the subject to criminal liability in the event he
or she was in the conditions of mental illness, chronic psychological disorder,
temporary psychological disorder and could not realize the unlawfulness of
his or her action, or could realize the unlawfulness of his or her action
but could not act in a different way.
- The court is authorized to impose forced medical measures stipulated by
this Code against the insane.
- A person will not be punished if he or she was not insane while committing
a crime but became mentally ill before the decision of the court was made
that deprived him or her the ability to control his or her behavior. In this
event court is authorized to impose forced medical measures. After becoming
healthy the person will be punished.
- The court should apply lenient punishment to the person who based on the
first section of this article, has a reduced ability to realize the unlawfulness
of his or her action, or act in a different way.
Art. 37. Partial Insanity
- A person who while committing a crime was in a condition of partial insanity,
i.e. a person who because of psychological disorder could not realize unlawfulness
of his or her action and direct behavior, will not be released from criminal
liability.
- The court considers partial insanity while imposing punishment and it can
become the basis for the imposition of forced medical measures.
- A minor who was in the condition of partial insanity stipulated by the
first section of this article while committing an unlawful action will be
released from criminal liability. In this case the court is authorized to
impose forced medical measures.
Art. 38. Mistake
- A person, who does not know that commission of certain action is prohibited,
will not be punished provided the mistake is minor.
- A mistake is deemed to be minor provided in a given circumstances if the
person did not know and could not have known that he or she was committing
a prohibited action.
- When the mistake is not minor the person will be liable only for negligence,
provided negligent commission of a given action is punishable by law.
Art. 39. Release from Liability for Non-Premeditated Concealment of a Crime
A person who concealed a criminal, a weapon or other means of crime, evidence
of a crime or an object obtained as a result of a criminal action will be released
from criminal liability provided the criminal was his or her close relative
or wife.
Art. 40. Release from Criminal Liability during the commission of other Criminal
Actions
A person will not be deemed to have committed a crime provided he or she committed
an action in the presence of such circumstances that are not specifically mentioned
in this Code but completely satisfy the conditions of the criminal nature of
this action.
BOOK 3
PUNISHMENT
CHAPTER 10
Goals And Types Of Punishment
Art. 41. Goals of a Punishment
- The goals of a punishment are restoration of justice, avoidance of another
crime and re-socialization of a criminal.
- These goals are implemented by way of influence on the punished individual
and other person in order to make them responsible before the law. The forms
and means of influence on the punished individual are provided by Georgian
law on execution of punishments.
- Aim of punishment is not physical torture or abuse of dignity of a person.
Art. 42. Types of Punishment
Types of punishment are:
- Fine;
- Deprivation of right to hold some position or to conduct some work;
- Deprivation of a special, military or honorable rank and state award;
- Socially beneficial labor;
- Professional restriction of a military servant;
- Restriction of liberty;
- Imprisonment;
- Placement in a military disciplinary camp;
- Deprivation of liberty for a definite term;
- Deprivation of liberty for an indefinite term.
Art. 43. Basic and Additional Punishments
- Socially beneficial work, labor in a work camp, professional restriction
of a military servant, restriction of liberty, imprisonment, placement in
a disciplinary military camp, deprivation of liberty for a definite term,
deprivation of liberty for an indefinite term can be assigned only as basic
punishments.
- Fine, or the deprivation of the right to hold some position or conduct
some activity can be assigned as basic as well as additional punishments;
- Deprivation of a special, military or honorable rank and state award can
be assigned only as additional punishment.
Article 44. Fines
- A fine is a monetary punishment that is determined within the frame established
by this Code and in an amount that meets the minimum wage determined by the
labor law of Georgia.
- A fine will be determined in the amount equal to from twenty-five up to
thousand times the minimum wage.
- The court determines the amount of a fine by taking into account the gravity
of the crime and the material conditions of the punished individual.
- A fine can be assigned as an additional punishment only in the event it
is stipulated by the respective article of the particular part of this Code.
- In the event of non-payment of a fine, socially beneficial labor or imprisonment
will replace it as it is stipulated by the Code.
Art. 45. Deprivation of the Right to Hold Some Position or Conduct Some Activities
- Deprivation of the right to hold some position or conduct some activities
means that the punished person is prohibited from holding a position in the
state service, local self government agency or conduct professional or other
type of activity.
- Deprivation of the right to hold some position or conduct some activities
can be assigned as a basic punishment for the period of from one up to five
years; as additional punishment for the period of from six months up to three
years.
- Deprivation of the right to hold some position or conduct some activities
can be assigned as additional punishment even in the event it is not stipulated
by the respective article of the particular part of the Code, but the court
considers completely impossible to allow a given individual the right to hold
some position or conduct some activities.
- While assigning socially beneficial labor as basic punishment and deprivation
of the right to hold some position or conduct some activities as additional
punishment; the term of deprivation will be calculated after the decision
of the court has entered into legal force. In the event the basic punishment
is a restriction of liberty, imprisonment, placement in disciplinary military
camp or deprivation of liberty, the term of deprivation is calculated from
the moment of the expiration of the term of basic punishment.
Art. 46. Deprivation of a special, military or honorable rank and state award
In the event of grave or especially grave crime, the court is authorized to
deprive the convict of special, military or honorable rank and a state award
by taking into account the personality of punished individual.
Art. 47. Socially Beneficial Labor
- Socially beneficial labor means labor that is conducted by a punished person
during his spare time. Types of socially beneficial labor will be determined
by the local self-government agency.
- Socially beneficial labor can last from sixty to two hundred and fifty
hours. The duration of daily work may not exceed four hours.
- If a punished person refuses or abstains from the implementation of such
work this punishment will be replaced by restriction of liberty or imprisonment.
The term of restriction of liberty or imprisonment will be calculated in the
following way: one day of restriction of liberty or imprisonment equals to
eight hours of socially beneficial labor.
- Socially beneficial labor can not be imposed on disabled individual of
1st or 2nd category, a pregnant woman, a woman who has a child of the age
up to eight years, a person of pension age, or a retired military servant.
Art. 48. The correctional work
- The correctional work is imposed for a period of from two months to two
years and shall be served at the working place of convicts.
- Those who have been imposed the correctional work shall be deducted the
amount determined by the court sentence equal to from five to twenty percentage
of the state income.
- If convicts stubbornly evade to serve a sentence of the correctional work,
court can substitute the unserved sentence for the restriction of liberty,
the imprisonment or the correctional work with the following calculations:
one day of the restriction of liberty to be replaced with one day of the correctional
work; one day of imprisonment to be replaced with two days of the correctional
work; one day of the deprivation of liberty to be replaced with three days
of the correctional work.
Art. 49. Professional Restriction of a Military Servant
- Professional restriction of a military servant for the period from three
months to two years will be assigned to contracted military servant upon the
commission of a military crime considered by respective article of the particular
part of this code, also instead of labor in the work camp considered by respective
article of the code.
- Upon a court decision in the event of professional restriction of a military
servant a certain amount but not more than twenty percent of his or her salary
will be transferred to state. During the period of punishment the military
servant can not be promoted to higher military rank. The term of punishment
will not be deemed as service term when assigning military rank.
Art. 50. Restriction of Liberty
- Restriction of liberty means the placement of a person who has reached
an age of 18 years in a special agency -camp under special supervision but
without isolation from society.
- Restriction of liberty will be assigned to:
- the person without criminal records for the commission of premeditated
crime for the period of from one to three years;
- the person who committed crime by negligence - for the period from
one to five years.
- In the event of the replacement of socially beneficial work by restriction
of liberty the term of restriction of liberty may be less than one year.
- In the event person punished by restriction of liberty abstains from punishment,
restriction of liberty will be replaced by deprivation of liberty for the
period determined by court. The term of deprivation of liberty will be calculated
in the following way: one day of restriction of liberty equals to one day
of deprivation of liberty.
- Restriction of liberty can not be imposed on disabled person of 1st or
2nd category, a pregnant woman, a woman who has a child of less than eight
years, a person of pension age and or a retired military servants.
Art. 51. Imprisonment
- Imprisonment means the placement of a criminal in strict and isolated conditions
for the period from one to six months. In the event socially beneficial work
or labor in the work camp in replaced by imprisonment, the term of imprisonment
may be less than one month.
- The person who had not reached the age of sixteen years by the time the
decision was made, a pregnant woman and a woman who has a child of age less
than eight years may not be punished by imprisonment.
- Military servant will be placed in military jail during the term of imprisonment.
Art. 52. Placement in Disciplinary Military Camp
- A draftee may be punished by placement in disciplinary military camp in
the event if by the time the decision was made he had not completed his term
or the contract based military servant. The term of placement in disciplinary
military camp will be from three months up to two years. This punishment will
be imposed in the event of the commission of a military crime considered by
the respective article of this code and also in the event the nature of a
crime and the personality of a criminal makes possible the deprivation of
liberty for the period of up to two years to be replaced by the placement
in the disciplinary military camp for the same period.
- The term of placement in disciplinary military camp instead of deprivation
of liberty is calculated in the following way - one day of deprivation of
liberty equals to one day of placement in disciplinary military camp.
Art. 53. Deprivation of Liberty for Definite Term
- Deprivation of liberty for definite term means isolation of the punished
person from society. A person who had not reached an age of eighteen years
by the time the decision was made and who is punished by deprivation of liberty
will be placed in a general or in a strict security camp.
- Deprivation of liberty for a definite term will last from six months to
twenty years.
- In the event restriction of liberty was replaced by deprivation of liberty
for definite term it may last for less than six months.
- In the event of the aggregation of crimes the punishment should not exceed
the period of twenty-five years, in the event of the aggregation of sentences
- thirty years.
Art. 54. Deprivation of Liberty for an Indefinite Term
- Deprivation of liberty is imposed only in the event of especially grave
crimes.
- A female or male who while committing a crime had not reached the age of
eighteen years or who by the time the decision was made had reached the age
of sixty five years will not be punished by deprivation of liberty for indefinite
term.
- A person can be released from deprivation of liberty for indefinite term
if he has spent twenty-five years in jail and the court considers that it
is not necessary to continue punishment.
Art. 55. Types of Punishment Execution Agencies
- Upon the decision of the court, punishment in the form of deprivation of
liberty will be implemented:
- In a general security camp for an individual who is convicted for
the first time of a less grave or grave offence;
- In a strict security camp for an individual who is convicted for
the first time of an especially grave offence, also in the event of recidivism,
in the event the convicted person had become subject to deprivation of
liberty before and in the event the convict is a woman who committed especially
dangerous recidivism;
- In special security camp for a convicted individual who has committed
an especially dangerous recidivism. Part of the conviction period may
be spent in jail.
- The type of conviction facility decided by the court decision can be changed
by the court in accordance with the law of Georgia on the Execution of Punishment
of Individuals who became Subjects to Deprivation of Liberty.
ARTICLE XI.
IMPOSITION OF PUNISHMENT
Art. 56. General Basis for the Imposition of Punishments
- The court will impose fair punishment on a criminal within the frames determined
by respective article of the particular part of this Code by taking into account
provisions of General Part of this Code. Heavier punishment can be imposed
in the event a less heavy type of punishment can not guarantee implementation
of the goals of punishment.
- A court can imposed punishments heavier than the ones stipulated by Article
64 and Article 65 of this code in the event of aggregation of crimes and aggregation
of sentences. Assignment of punishments more lenient than the ones stipulated
by respective articles of the particular part of this code is determined by
Article 60 of this Code.
- When imposing a punishment the gravity of the crime committed is taken
into consideration, i.e. the importance of the legal value, against which
the crime was committed, the method of performing actions, the amount of damages,
the motive for the crime, the objectives and reasons, the characteristics
of criminals, their conduct before and after the commission of the crime,
any mitigating or aggravating circumstances of the punishment, as well as
what influence the punishment imposed will exert on the social reintegration
of the criminals and conditions of their families.
Art. 57. Mitigating circumstances of a punishment
- Mitigating circumstances of a punishment are:
- The commission of a crime for the first time due to coincidence of
circumstances;
- The commission of a crime by a pregnant woman;
- Minority;
- The commission of a crime by someone having an infant child;
- The commission of a crime due to grave personal or family circumstances;
- The commission of a crime under physical or psychological duress
or due to financial, official or other dependence;
- The commission of a crime during the necessary repelling or capture
of a criminal, exclusive necessity, lawful risk, violation of the conditions
of lawfulness for performing orders;
- The unlawful, immoral or other provocative actions of a victim, which
was the motive for committing a crime;
- Confession of guilt by active assistance in revealing a crime;
- Effective confession by rendering medical or other assistance to
a victim directly after commission of a crime, volunteer compensation
of a property damage or moral harm caused by the crime or other actions
aiming at eradicating the harm inflicted upon a victim;
- The request of a victim for the reduction of the punishment.
- While imposing a punishment, the court is allowed to consider mitigating
circumstances, which are not stipulated by Paragraph 1 of this Article.
- If the Article or the Paragraph of the special part of this Code stipulates
the mitigating circumstance as an element of the crime, while imposing a punishment
the same circumstance shall not be considered for the second time upon the
basis of this Article.
Art. 58. Imposition of a punishment under mitigating circumstances
If circumstances prescribed by paragraphs "i", "j" and
"k" of Article 57 of this code are determined and there are no aggravating
circumstances, the term and measure of a punishment shall not exceed three fourths
of the term and measure of the most severe punishment prescribed by the appropriate
Article of the special part of this Code.
Art. 59. Aggravating circumstances of a punishment
- Aggravating circumstances of a punishment are :
- Repeated commission of a crime, recidivism of a crime;
Note: Under certain conditions a court is allowed to not consider previous
crimes as aggravating circumstances.
- Provoking grave circumstances by a crime;
- Participation in a group crime;
- Commission of a crime with the purpose of facilitation or concealment
of an action covered by the Criminal Code;
- Commission of a crime with the help of a person who is preliminarily
identified to the criminal as mentally ill by the preliminary identification,
who is drunk or has not reached the age of criminal responsibility;
- Commission of a crime with a motive of national, ethnic, racial and
religious hatred or hostility;
- Commission of a crime against individuals or their close relatives
due to their performance of official work or social duties;
- Commission of a crime against an obviously pregnant women, minors,
the helpless and individuals dependent on the criminal;
- Commission of a crime with special brutality or abuse of a victim;
- Commission of a crime by use of physical or mental duress;
- Commission of a crime under a state of emergency or martial law,
in case of natural or other social calamity or mass disturbances;
- Commission of a crime by means of universally hazardous substances;
- Commission of a crime by the use of a uniform or the document of
a representative of the government.
- If the Article or the Subparagraph of the Article of the Special Part of
this Code provides aggravating circumstances as an element of the crime, while
imposing a punishment the same circumstances shall not be taken into consideration
upon the basis of this Article.
Art. 60. Imposition of a punishment more lenient than provided by law
1. If there are special mitigating circumstances, other criminal measures more
lenient than the one stipulated by the respective Article, can be imposed as
a punishment.
Art. 61. Imposition of a punishment for inchoate crimes
- While imposing a punishment for inchoate crimes, circumstances, due to
which the crimes are inchoate, are taken into consideration.
- The term and measure of a punishment for the organization of a crime can
not exceed the half of the maximum term and measure of the most severe punishment
for the inchoate crimes provided by the appropriate Article of the Special
part of this Code.
- The term and measure of a punishment for the attempt to commit a crime
can not exceed three fourths of the maximum term and measure of the most severe
punishment for a completed crime pursuant to the appropriate Article of the
Special part of this Code.
- Life imprisonment can not be imposed for the organization of a crime or
on attempt to commit a crime.
Art. 62 Imposition of a punishment for complicity in a crime or the perpetration
of a crime
- While imposing a punishment for complicity in a crime or the perpetration
of a crime, the following is considered: the nature and quality of the factual
participation of individuals, the importance of this participation for the
achievement of the goal of a crime and its influence on the nature and quality
of the damage it has caused or could cause.
- Mitigating or aggravating circumstances concerning the personality of one
of the accomplices or a primary perpetrator are considered only in case of
the imposition of a punishment on the accomplice or the primary perpetrator.
Art. 63. Imposition of a punishment in case of recidivism
- While imposing a punishment in case of a second offense the following is
taken into consideration: dangerous recidivism and especially dangerous recidivism,
the number and the gravity of the crimes previously committed, circumstances
due to which the previous punishments proved insufficient to caution against,
and the gravity of the newly committed crime.
- Terms of the punishment in case of the second offense can not be less than
the half of the maximum term for the most severe forms of the punishment provided
by the appropriate Article of this Code. In case of the dangerous recidivism
it shall be not less than two thirds of the maximum term for the most severe
forms of the punishment stipulated for the crime committed, and in case of
recidivism of particular danger - not less than three fourths.
- If the previous conviction is indicated in the Article or the Paragraph
of the Article of the Special part of this Code as the feature qualifying
the crime, also if special mitigating circumstances provided by Article 60
of this Code exist, while imposing a punishment in case of recidivism, dangerous
recidivism and especially dangerous recidivism, procedures of Paragraph 2
of this Article are taken into consideration.
Art. 64. Imposition of a punishment in case of aggregate of crimes
- In case the crimes have been aggregated, punishment is imposed separately
for each crime.
- If the aggregate of crimes is composed of only less grave, grave or especially
grave crimes, while imposing the final punishment, the punishments determined
for these crimes shall be collected partially or completely. The final punishment,
imposed as a deprivation of liberty, can not exceed twenty-five years.
- If the aggregate of crimes is composed of less grave and grave crimes or
grave and especially grave crimes, while imposing the final punishment more
severe punishment absorbs less severe punishment or the punishments determined
for specific crimes shall be partially or entirely completed.
- In case the crimes have been aggregated, additional punishments may be
imposed along with the basic punishments. A punishment or final punishments
after consolidation can not exceed the maximum term or measure for a given
type of punishment determined by the General Part of this Code. [Seems unclear
in the original]
- If after imposition of a sentence in a case it is determined that a convict
is guilty of other crimes committed before the imposition of a sentence in
the first case, punishment shall be imposed by the same procedures. In this
case the punishment that is served partially or completely according to the
first sentence shall be considered as part of the final punishment.
Art. 65. Imposing a punishment in case of aggregate of sentences
- While imposing a punishment in case the sentences have been aggregated
the punishment, imposed by the final sentence of court, shall partially or
completely be supplemented with the unserved part of the punishment sentenced
by the previous verdict of court.
- The final punishment by the aggregate of sentences can not exceed the terms
or measures provided for a given type of punishment by the General Part of
this Code, if it is more lenient than the deprivation of liberty.
- The term for deprivation of liberty imposed as a final punishment by the
aggregate of sentences can not exceed thirty years.
- The final punishment by the aggregate of sentences must be more severe
than the punishment imposed for a newly committed crime as well as unserved
part of the punishment sentenced by the revious verdict.
- In case of the aggregate of sentences additional punishments are consolidated
by the procedures provided by Paragraph 2 of Article 66 of the Code.
Art. 66. Aggregation of punishments
- In case the crimes have been aggregated and punishments have been aggregated
by several sentences, one day of deprivation of liberty corresponds to:
- One day of imprisonment or placement in the disciplinary military
unit;
- Two days of restriction of liberty;
- Three days of official restriction of a military service man;
- Eight hours of the labor beneficial for society.
- Penalties or deprivation of the right to hold some position or to conduct
some activity, deprivation of a military or honorable rank and state award
supplementing restriction of liberty, imprisonment, placement in a military
disciplinary unit or deprivation of liberty are applied independently.
Art. 67. Consideration of a punishment and calculation of the term for a punishment
- The terms for the deprivation of the right to hold some position or to
conduct some activity, official restriction of a military service man, restriction
of liberty, imprisonment, placement in a disciplinary military unit, deprivation
of liberty are calculated by months and years, and the terms for labor beneficial
to society - by hours.
- In case of alteration or consolidation as well as consideration of the
punishments provided by Paragraph 1 of this Article, calculation of sentences
of punishments is admissible by days.
- Imprisonment applied before trial shall be considered in the term of a
sentence if it is imposed: one day of deprivation of liberty, placement in
a disciplinary military unit and imprisonment as one day of imprisonment;
two days of deprivation of liberty as one day of imprisonment; three days
of official restriction of a military service man as one day of imprisonment;
eight hours of the labor beneficial to society as one day of imprisonment.
- The term of imprisonment before the entry into force of a sentence for
the crimes committed abroad, as well as the term served for the deprivation
of liberty imposed by the sentence, shall be considered as one day of imprisonment
upon the basis of Article 6 of the Code.
- If individuals being held in custody before the trial are sentenced to
a penalty or the deprivation of the right to hold some position or to conduct
some activity as a primary punishment, the court when considering the term
of detention shall decrease the punishment inflicted or completely release
them from the sentence.
CHAPTER 12
Suspended Sentence
Art. 68. The basis for imposing a suspended sentence
- If it is determined that the correction of a convict is possible without
serving the sentence imposed as an official restriction of a military service
man, placement in a disciplinary military unit or deprivation of liberty,
court shall rule that the sentence imposed shall be considered suspended.
- While imposing a suspended sentence court shall consider the basis of punishment
and expected effect of a suspended sentence.
- In case of a suspended sentence additional punishment can be imposed.
Art. 69. Probationary period
When the prerequisite provided by Article 68 exist, a court determines a probationary
period, during which convicts shall not commit a new deliberate crime and shall
perform obligations imposed on them. If the sentence imposes not more than one-year's
deprivation of liberty or more lenient type of a punishment, probationary period
must be not less than six months and not more than three years, and in case
of more than one-year's deprivation of liberty it must be less than six months
and not more than five years.
Art. 70. Imposition of obligations
While imposing a suspended sentence, if the relevant ground exists, a court
can impose performance of certain obligations on convicts: they shall not change
the permanent place of residence without permission of the social reintegration
service, shall not establish relations with the individuals who can engage them
in antisocial activities, shall not visit certain places, shall render material
assistance to their families, shall take the course of medical treatment for
alcoholism, drug addiction, toxic addiction or venereal diseases. The court
can also impose other obligations on convicts on probation, which will facilitate
their correction.
Art.71. Control and assistance
- In case of a suspended sentence the service for social reintegration takes
control over individuals' conduct and renders assistance to them. The social
reintegration service shall supervise the performance of obligations imposed
on individuals and immediately notify the court of the failure to perform
these obligations.
- The function provided by Paragraph 1 of this Article is implemented by
the governing body of a military unit or an institution with respect to soldiers
who were convicted but their sentence was suspended.
- During a probationary period, the court is able to terminate completely
or partially the obligations imposed on convicts whose sentences were suspended,
or impose new obligations on them on the recommendation of the agency taking
control over and rendering assistance to the convicts, whose sentences were
suspended.
Art. 72. Termination of a suspended sentence and extension of a probationary
period
- If convicts on probation prove that they have been corrected by their conduct
after expiration of not less than half of a probationary period, court is
able to terminate a suspended sentence and dismiss their previous conviction
on the recommendation of the agency taking control over the convicts on probation
and rendering assistance to them. A suspended sentence can be terminated after
expiration of not less than half of a probationary period.
- If convicts on probation avoided performance of the obligations imposed
on them by the court or committed public nuisance, due to which they were
sentenced to administrative penalties, the court is able to extend the probationary
period for not more than a year on the recommendation of the agency mentioned
in Paragraph 1 of this Article.
- If convicts on probation within a probationary period systematically or
stubbornly refuse to perform the obligations imposed on them by the court,
on the recommendation of the agency mentioned in Paragraph 1 of this Article,
court can rule to revoke a suspended sentence or enforce the sentenced punishment.
- The court shall decide the issues of terminating or reinstating a suspended
sentence valid in case the convicts on probation commit crimes by negligence
within a probationary period.
- Court shall terminate a suspended sentence and impose punishment on convicts
under a probationary sentence pursuant to the procedures provided by Article
65 of this Code in case of commission of less grave, grave or especially grave
crimes during a probationary period. The sentence for the case provided by
Paragraph 4 of this Article shall be imposed according to the same procedures.
BOOK 4
RELEASE FROM CRIMINAL LIABILITY AND PUNISHMENT
CHAPTER 13
Release From Criminal Liability
Art. 73. Release from criminal liability by the reason of cooperation and confession
- Those who for the first time committed a crime for which the maximum sentence
provided by the Article or the Paragraph of the Criminal Code does not exceed
two years of deprivation of liberty, can be released from criminal liability,
if after commission of a crime they voluntarily appear before court with a
confession of guilt, and if they assist the exposing a crime or compensate
damages.
- Those who committed crimes of other category, in case there are conditions
provided by Paragraph 1 of this Article, can be released from criminal liability
only when it is specially provided by the appropriate Article of the Special
Part of this Code.
Art. 74. Release from criminal liability by the reason of reconciliation with
a victim
Those, who for the first time committed crimes provided by Paragraph 1 of Article
73, can be released from criminal liability if they reconcile with the victim.
Art. 75. Release from criminal liability by the reason of alteration of circumstances
Criminals can be released from criminal liability, if it is determined that
the action is no longer unlawful because of alteration of circumstances.
Art. 76. Release from criminal liability by the reason of the expiration of
the statute of limitations
- Individuals are released from criminal liability, if the following terms
have expired after they committed a crime:
- Two years after commission of a crime provided by Paragraph 1 of
Article 73;
- Six years after commission of less grave crimes;
- Ten years after commission of grave crimes;
- Twenty-five years after commission of especially grave crimes.
- Statute of limitations is calculated between the day of commission of a
crime and the day of entry into force of a court judgement. In case of commission
of a new crime statute of limitations is calculated for each crime.
- The running of the statute of limitations shall be suspended, if a criminal
hides from investigation or from court. In this case the statute of limitations
shall be renewed after the criminal has been detained or appeared before court
with a confession of guilt.
- The statute of limitations is not applied when the law provides for deprivation
of liberty for an indefinite period for the crime committed.
CHAPTER 14
Release From A Sentence
Art. 77. Release from serving a sentence before the expiration of a probationary
period
- Those who serve a sentence of an official restriction of a military service
man, restriction of liberty, placement in a disciplinary military unit, imprisonment,
deprivation of liberty, can be released, if court considers that the full
serving of a sentence imposed is not necessary for their correction. Besides,
they may be completely or partially released from serving additional sentence.
- In case of release before the expiration of the probationary period the
court can impose on convicts the obligations provided by Article 70 of this
Code, which they are to perform within the unexpired part of a sentence.
- Convicts can be released before the expiration of a probationary period
if they actually served:
- Not less than half of the term of a sentence imposed for less grave
crimes;
- Not less than two thirds of the term of a sentence imposed for grave
crimes;
- Not less than three fourths of the term of a sentence imposed for
especially grave crimes;
- Three fourths of a sentence imposed on the individual who was previously
released before the expiration of a probationary period, and the release
before the expiration of a probationary period was revoked upon the basis
of Paragraph 6 of this Article.
- The term of imprisonment actually served by convicts can not be less than
six months.
- Duly authorized special social reintegration service takes control over
the behavior of convicts on probation and the governing body of a military
unit and military facility takes control over the behavior of military employees.
- If within an unexpired term:
- Convicts persistently avoided to perform the obligations imposed
on them by the court in case of release before the expiration of a probationary
period, on the recommendation of the agencies mentioned in Paragraph 5
of this Article court can decide to revoke the release before the expiration
of a probationary period and execute the unexpired term of the sentence;
- Convicts committed a negligent crime, the court shall decide the
issue on revocation or entry into force of the release before the expiration
of a probationary period;
- Convicts committed an intentional crime, court shall impose a sentence
on them pursuant to the procedures provided by Article 65 of this Code.
If court revokes the release before the expiration of a probationary period,
the sentence for commission of negligent crimes shall be imposed by the
same procedures.
Art. 78. Replacement of an unexpired term of a sentence with more lenient form
of a sentence
- Court is able to substitute the unexpired term of a sentence for a more
lenient form of a sentence for less grave crimes taking into consideration
the behavior of the imprisoned while serving their sentences. They can partially
or completely be released from serving an additional sentence.
- The unexpired term of a sentence can be substituted for a more lenient
form of a sentence after convicts have actually served not less than one third
of the term of a sentence imposed on them.
Art. 79. Release from a sentence due to illness
- Those who after commission of a crime became mentally ill, which prevents
them from realizing the factual side of their actions or unlawfulness and
to manage their own affairs, are released from a sentence and those who are
serving their sentences, are released from its further serving of a sentence
and may have forced medical measures imposed on them.
- A court can release from serving of a sentence those, who after commission
of a crime became seriously ill with other diseases preventing them from serving
a sentence.
- Military employees serving their sentences in a military disciplinary unit
are released from further serving a sentence, if they became useless for a
military service due to their illness. An unexpired term of a sentence can
be substituted for more lenient form of a sentence.
- In case of their recovery individuals mentioned in Paragraphs 1 and 2 of
this Article can still have criminal liability imposed on them, if the statutes
of limitations provided by Articles 76 and 81 of this Code have not expired.
Art. 80. Postponement of serving of a sentence by the women, who are pregnant
or have infant children
- Court can postpone the enforcement of a sentence by convicted pregnant
women or women having children below the age of eight until they reach the
age of eight, if they are not sentenced to more than a five-year-term of deprivation
of liberty for grave or especially grave crimes committed against individuals.
- If individuals mentioned in Paragraph 1 of this Article abandon their children
or avoid rearing them after they have been warned by the special social reintegration
service taking control over convicts' behavior on the recommendation of this
agency, the court can revoke the postponement of the enforcement of punishment
and send convicted women to the place indicated in the sentence for serving
of a sentence.
- When children reach the age of eight, the court shall release convicted
women from serving an unexpired term of a sentence, substitute an unexpired
term of a sentence for more lenient form of a sentence or make decision on
sending convicted women back to the appropriate facility to serve an unexpired
term of a sentence.
- If during the period of postponement of the execution of a punishment convicts
commit a new crime, the court shall impose the sentence on them by the procedures
provided by Article 65 of this Code.
Art. 81. Release from serving of a sentence due to prescription of the verdict
of guilty
- Convicts are released from serving of a sentence if the verdict of guilty,
is not executed within the following terms:
- Two years in case of conviction for the crimes committed under Paragraph
1 of Article 73 of this Code;
- Six years in case of conviction for less grave crimes;
- Ten years in case of conviction for grave crimes;
- Fifteen years in case of conviction for especially grave crimes.
- Statute of limitations shall be suspended if convicts avoid serving of
a sentence. In this case statute of limitations is resumed after convicts
have been detained or after they have appeared before court with a confession
of guilt. The term expired before the avoidance of serving of a sentence shall
be counted as the part of the statute of limitations.
- Statute of limitations shall not be applied, if individuals are sentenced
to imprisonment for an indefinite period.
CHAPTER 15
Amnesty, Pardon, Previous Conviction
Art. 82. Amnesty
- The Parliament of Georgia pronounces the amnesty with respect to an indefinite
class of persons individually. [the word "individual" is in Georgian
original erroneously]
- By the act of amnesty criminals can be released from criminal liability;
Convicts can be released from a sentence or a sentence imposed on them can
be abridged or a more lenient sentence substituted; Convicts can be released
from deprivation of a position or right to activity.
- Those who served their sentence can be freed from their previous conviction
by an act of amnesty.
Art. 83. Pardon
- Pardon is granted individually by the President of Georgia with respect
to a definite person.
- By the act of pardon, convicts can be released from further serving of
a sentence and the sentence imposed on them may be abridged or substituted
for more lenient sentence.
- By the act of pardon those who served their sentence can be freed from
previous conviction or released from deprivation of a position or right to
activity.
Art. 84 Previous conviction
- Convicts are considered previously convicted from the day of entry into
force of a verdict of guilty up to the moment of termination or dismissal
of previous conviction. Pursuant to this Code a previous conviction shall
be taken into consideration when deciding the issues of qualification of the
crime of criminal liability and measures of criminal influence.
- Those released from a sentence have the record of their conviction expunged.
- Previous conviction shall be expunged after:
- Expiration of a probationary period for convicts on probation;
- Expiration of one year after serving a sentence for convicts sentenced
to a more lenient sentence than deprivation of liberty;
- Expiration of three years after serving a sentence for convicts sentenced
to deprivation of liberty for less grave crimes;
- Expiration of six years after serving a sentence for convicts sentenced
to imprisonment for grave crimes;
- Expiration of eight years after serving a sentence for convicts sentenced
to deprivation of liberty for especially grave crimes.
- If convicts were released from serving of a sentence before the expiration
of the term or the unexpired term of a sentence was substituted for a more
lenient form of sentence by the procedures provided by law, the term for expunging
the previous conviction shall be calculated from the moment of release of
the sentence actually served.
- If after serving a sentence, convicts behaved responsibly, the court can
vacate their previous conviction on their request before the expiration of
the term of expunging previous conviction.
- A conviction previously expunged or dismissed shall not be considered while
deciding the issues on criminal liability, qualification of a crime and measures
for criminal effect.
BOOK 5
CRIMINAL LIABILITY OF MINORS
CHAPTER 16
Features Of Criminal Liability Of Minors
Art. 85. The age of minor offenders
Those who have reached the age of fifteen but have not reached the age of eighteen
for the moment of the commission of a crime are considered minors while imposing
on or releasing the criminal liability from them.
Art. 86. Measures of criminal influence with respect to minors
Minor criminals can be sentenced to punishment or have forced measures of educational
influence imposed on them.
Art. 87. Types of punishment
Types of punishment to be imposed on minor criminals are:
- Fine;
- Deprivation of the right to conduct some activity;
- The labor beneficial for society;
- The correctional work;
- Imprisonment;
- Deprivation of liberty for a definite period.
Art. 88. Penalties
Penalties are imposed on minors only when they have the independent salary
or property, which can be subject to a recovery. A penalty is imposed from ten
to five hundred times the minimum wage.
Art. 89. Deprivation of the right to perform activities
Minors can be deprived of the right to perform any activities from one to three
years.
Art. 90. The labor beneficial to society
The obligation imposed on minors to perform labor, which is beneficial for
society for a term of forty to three hundred and sixty hours, shall be accomplished
during the time that they are free from their studies or jobs. This sentence
implies labor, which is within minors' ability. The duration of this sentence
can not exceed two hours per day for minors under the age of fifteen and it
can not exceed three hours per day for the minors from the age of fifteen to
sixteen.
Art. 91. The correctional work
The correctional work shall be imposed on minors for a period of from two months
to one year.
Art. 92. Imprisonment
Imprisonment for a term of one month to four months shall be imposed on male
minors, who have reached the age of sixteen for the moment of imposition of
a sentence.
Art. 93. Deprivation of liberty
Deprivation of liberty is imposed on minors for a term of not more than 10
years. Minors shall serve this sentence in a colony with a general regime.
Art. 94. Imposition of a sentence
When a sentence is imposed on minors, living and educational conditions, the
level of mental development, state of health, other characteristics of the person
as well as the influence of older individuals on them shall be considered along
with the circumstances stipulated by Article 56 of this Code.
CHAPTER 17
Release Of Minors From Criminal Liability And Sentence
Art. 95. Release of minors from criminal liability by application of forced
measures of educational influence
Minors, who have committed a less grave crimes for the first time, can be released
from criminal liability if it is considered that their correction is expedient
by application of forced measures of educational influence.
Art. 96. Types of forced measures of educational influence
- Types of forced measures of educational influence are:a. Warning;
b. Transference of minors to their parents, parents' substitutes or specialized
state agencies to keep them under supervision;
c. Imposition of the obligation to compensate damages;
d. Restriction of minors' conduct;
e. Placement of minors in a special educational or medical rehabilitation
facility.
- Several forced measures of educational influence can be imposed on minors
simultaneously. Duration of the term for the application of forced measures
for educational influence, provided by Subparagraphs "b" and "d"
of paragraph 1 of this Article, is determined by the agency imposing these
measures.
- If minors systematically violate the conditions stipulated by forced measures
for educational influence, these measures shall be revoked on the nomination
of specialized state agency and materials shall be transferred to bring criminal
proceedings against minors.
Art. 97. Warning
Warning means to explain to minors what damage their actions caused and what
the repeated commission of the crime provided by this Code will result in.
Art. 98. Transfer under supervision
Transfer of minors to keep them under supervision means to impose the obligation
on the parents, their substitutes or specialized state agencies to exert influence
on minors and take control over their behavior.
Art. 99. Compensation of damages
While imposing the obligation to compensate damages, court considers the property
state of minors and appropriate labor skills.
Art. 100. Restriction of minors' conduct
- Minors can be forbidden to:
- Visit certain places;
- Leave the place of residence within a certain period of time;
- Go somewhere without of specialized state agency's permission;
- Use the free time in various ways.
- Minors can be obliged to resume studies in the educational institution
and start working with the help of specialized state agency.
- Besides the restrictions provided by this Article, the court can impose
a restriction on a minors' conduct according to its perspective.
Art. 101. Placement of minors in special educational or medical and rehabilitation
facility
- Minors convicted for less grave crimes can be released from a sentence
by the court, if the court believes that the goals of the sentence shall be
achieved by placement of minors in a special educational or medical and rehabilitation
facility. The term for presence in this facility shall not exceed the maximum
sentence, as provided by this Code, for the crimes committed by minors.
- The presence of minors in a special educational or medical and rehabilitation
facility can be terminated before the expiration of the term provided by Paragraph
1 of this Article, if according to the conclusion of a specialized state agency
further application of these measures are not required for the correction
of minors. Extension of the term for the presence of minors in a special educational
or medical and rehabilitation facility after expiration of the term provided
by Paragraph 1 of this Article is permissible only to complete the course
of comprehensive and professional training.
Art. 102. Release of minors from a sentence
Minors convicted for less grave crimes can be released from a sentence by court
by the application of forced measures of educational influence stipulated by
Article 94.
Art. 103. Release from a sentence before a probationary period
Minors sentenced to deprivation of liberty can be released from the serving
of a sentence if they actually have served:
- Not less than one third of the term for the sentence imposed for less
grave crimes;
- Not less than half of the term for the sentence imposed for grave crimes;
- Not less than two thirds of the term for the sentence imposed for especially
grave crimes.
Art. 104. Statutes of limitations
While releasing minors from criminal liability or a sentence, the statutes
of limitations stipulated by Article 76 and 81 of this Code shall be partly
reduced.
Art. 105. Terms for the vacation of previous conviction
The previous conviction of individuals who have committed a crime before they
reached the age of eighteen shall be vacated if they have served the following
terms:
- One year after they have served the term of imprisonment for less grave
crimes;
- Three years after they have served the term of imprisonment for grave
or especially grave crimes.
BOOK 6
TYPES OF FORCED MEDICAL MEASURES, BASIS AND PROCEDURES
FOR APPLICATION
CHAPTER 18
Forced Medical Measures
Art. 106. Basis for the imposition of forced medical measures
- Court is able to impose forced medical measures if:
- A person committed an action, provided by the Article of the Special
Part of this Code in a state of insanity;
- A crime is committed in a state of diminished capacity;
- An individual became insane after the commission of a crime that
makes the imposition or execution of a punishment impossible;
- It is determined that a criminal needs to be cured of alcoholism
or addiction.
- Individuals mentioned in Paragraph 1 of this article are subject to forced
medical measures only in case their mental disorder endangers themselves or
other people or there is a danger of other substantial harm.
- The procedures for the execution of forced medical measures are determined
by Georgian legislation.
- With respect to the individuals mentioned in Paragraph 1 of this Article
who are dangerous because of their mental state, court can transfer necessary
materials to Health Care agencies to decide the question of sending them to
Psychoneurological Health Center for their treatment according to the procedures
determined by the legislation on health care.
Art. 107. Types of forced medical measures
- A court can impose the following forced medical measures:
- Forced ambulatory supervision and treatment by a psychiatrist;
- Forced treatment in a mental hospital of a general type;
- Forced treatment in a mental hospital of specialized type.
- Forced treatment in a mental hospital of a specialized type under
intensive supervision.
- For the commission of a crime by convicts of sound mind, who need to undergo
the treatment for alcoholism, addiction or mental disorder, that does not
exclude sanity, court can impose forced medical measures, including forced
ambulatory supervision and treatment by a psychiatrist, along with the punishment.
Art. 108. Forced ambulatory supervision and treatment by a psychiatrist
Forced ambulatory supervision and treatment by a psychiatrist can be imposed
on convicts, when there are bases provided by Article 104 of this Code, if placement
of a person in a mental hospital is not required due to his mental state.
Art. 109. Forced treatment in a mental hospital
- Forced treatment in a mental hospital can be imposed, in case there exists
certain basis provided by Article 104 of this Code, if the nature and gravity
of the mental disorder of individuals requires such conditions for treatment,
care, life and supervision, which can be fulfilled only in mental hospitals.
- Forced treatment in mental hospitals of general type can be imposed on
those, whose mental state requires residential treatment and supervision,
but not intensive supervision.
- 3. Forced treatment in mental hospitals of specialized type can be imposed
on those, whose mental state requires permanent supervision.
- Forced treatment under intensive supervision in mental hospitals of a specialized
type can be imposed on those, who, due to their mental state, are especially
dangerous to themselves and other individuals and require permanent and intensive
supervision.
Art. 110. Extension, alteration and termination of forced medical measures
- On the recommendation of the administration of the facility implementing
forced treatment, the court shall extend, alter and terminate forced medical
measures imposed upon the basis of the conclusion of the commission of physicians
and psychiatrists.
- Those upon whom medical measures were imposed are examined by a psychiatrists'
commission once in every six months to decide whether there are grounds for
submitting a recommendation to court for termination or revocation of such
measures. If such a basis does not exist, the administration of the facility
implementing forced treatment shall submit its conclusion on the extension
of forced treatment to the court. Forced treatment for the first time can
be executed after expiration of six months from the beginning of the implementation
of the forced medical measures. Subsequently, the forced treatment is extended
annually.
- The court shall alter the forced medical measures in case of the transformation
of the mental state of a person, when the application of the measures previously
imposed or the imposition of other medical measures is no longer necessary.
- In case of termination of forced treatment in a mental hospital, the court
is able to transfer to health care agencies the proper materials regarding
the individuals who were subject to forced treatment. Health care agencies
shall decide the question of their treatment, social support or sending them
to psychoneurological facility according to the procedures provided by the
Law of Georgia on Health Care.
Art. 111. Consideration of the time for applying forced medical measures
The time after commission of a crime, during which the individuals were subject
to forced treatment in a mental hospital due to their mental disorder, in case
of imposition of a punishment or resumption of its execution, shall be counted
as the part of a sentence to be served with the following calculation: one day
of the presence in a mental hospital shall be regarded as one day of imprisonment.
Art. 112. Forced medical measures connected with the implementation of punishment
- In cases, provided by Paragraph 2 of Article 105 of this Code, forced medical
measures shall be implemented at the place of serving the term of deprivation
of liberty, and with respect to the persons who are subject to other type
of punishment - in a medical facility rendering ambulatory psychiatric assistance.
- If the mental state of a convict has changed and requires residential treatment,
the convict shall be placed in a mental hospital or other medical facility
according to the procedures and basis provided by the Law on Health Care.
- The time of presence in these facilities shall be counted as the part of
the sentence to be served. If further treatment of convicts is not necessary
in these facilities, they shall be discharged pursuant to the procedures provided
by the Law on Health Care.
- The application of the forced medical measures regarding the execution
of the punishment shall be terminated by the court on the recommendation of
the psychiatrists' commission upon the basis of the conclusion of this commission.
Criminal Code of Georgia
Particular Part
Part VII
Crimes against Human Beings
CHAPTER 29
Crimes Against Life
Art. 113. Premeditated Murder
- Premeditated murder is punished by the deprivation of liberty for a period
of from seven to fifteen years.
Art. 114. Premeditated murder in aggravating circumstances
- premeditated multiple murder;
- premeditated murder of a pregnant woman;
- premeditated murder caused by the public or professional activities of
victim or his or her relative;
- premeditated murder of a minor or vulnerable person;
- premeditated murder in connection with kidnapping or hostage taking;
- premeditated brutal murder;
- premeditated murder by means that create a danger to the life or health
of others;
- premeditated gang murder;
- premeditated murder for hire or motivated for greed;
- premeditated murder as a result of a hooligan motive;
- premeditated murder for the purpose of hiding or facilitating of another
crime
- premeditated murder based on racial, religious, national or ethnic hatred;
- premeditated torso murder for the purpose of obtaining transplants;
- premeditated repetitive murder;
shall be punished by the deprivation of liberty for a period of from ten to
twenty years or life-long imprisonment.
Art. 115. Murder due to the request of a victim
Murder committed due to the request of a victim or in accordance with the will
of victim, committed in order to relieve dying person from physical pains shall
be punished by imprisonment for a period up to three years.
Art. 116. Murder committed in the heat of passion
- Murder committed in the heat of passion, provoked by the violence, abuse
or other kind of immoral action of the victim towards the criminal or his/her
relative, or provoked by repetitive illicit or immoral action of the victim
which resulted in psychical trauma.
shall be punished by restriction of liberty for a period up to three years,
or imprisonment up to five months or the deprivation of liberty for a period
of from one to five years.
- Action considered by the first part of this article which resulted in multiple
murder
shall be punished by the deprivation of liberty for a period of from two to
five years.
Art. 117. Premeditated murder of infant by the mother
Premeditated murder of infant committed by the mother during the delivery or
directly after delivery shall be punished by the deprivation of liberty for
a period up to five years.
Art. 118. Murder in excess of self-defense
Murder in excess of self-defense shall be punished by restriction of liberty
for a period up to three years, or by labor in a penalty for a period up to
two years, or by the deprivation of liberty for a period up to three years.
Art. 119. Murder in excess of measures necessary for the arrest of criminal
Murder in excess of measures necessary for the arrest of criminal shall be
punished by restriction of liberty for a period up to three years or by labor
in a penalty for a period up to two years, or by the deprivation of liberty
for a period up to three years.
Art. 120. Instigated Suicide
Instigation of a suicide attempt by means of a threat, brutal behavior or systematic
abuse of the dignity of a victim shall be punished by restriction of liberty
for a period up to three years or the deprivation of liberty for a period up
to five years.
Art. 121. Negligent killing
- Killing by negligence shall be punished by restriction of liberty for a
period up to three years or to the deprivation of liberty for the same period.
- Multiple killing by negligence shall be punished by restriction of liberty
for a period up to five years or to the deprivation of liberty for a period
up to six years.
CHAPTER 30
Crimes Against Health
Art. 122. Premeditated severe injury to health
- Premeditated severe injury to health - bodily injury dangerous to life
that caused blindness, deafness, muteness, termination of pregnancy, mental
injury, severe injury of face or injury to health which is dangerous to life
and causes the lose of one third of working capacity or premeditated injury
to health that causes total lose of professional capacity shall be punished
by the deprivation of liberty for a period of from one to eight years.
- The same action committed:
- by two or more person
- toward pregnant woman with intent;
- in connection with professional of public activities of a victim or
the relative of a victim;
- toward minor or vulnerable person with intent;
- in connection with kidnapping or hostage taking;
- brutally;
- by means that intentionally create a danger to life or health of others
- by a gang;
- for greed or hire;
- with mischievous intent;
- for the purpose of concealment or facilitation of the commission of
another crime;
- based on racial, religious, national or ethnic hatred;
- for the purpose of transplantation of body organs;
- repeatedly;
- by a person who had committed murder stipulated by Article 113 or Article
114 of the Code
shall be punished by the deprivation of liberty from five to twelve years.
Art. 123. Premeditated injury to health
- Premeditated injury to health that is not dangerous to life and did not
cause the results stipulated by the Article 122, but caused injury to health
or the loss of less than one third of general working capacity shall be punished
by restriction of liberty for a period up to three years or by labor in a
penalty for a period up to eighteen months or by imprisonment for a period
up to three months or by the deprivation of liberty for a period up to three
years.
- The same action committed in aggravating circumstances stipulated by the
Article 122, or by the person who had committed premeditated severe injury
to health or murder stipulated by the Articles 113 and 114 before shall be
punished by the deprivation of liberty for a period of up to five years.
Art. 124. Lethal Bodily Injury
Severe bodily injury, premeditated severe bodily injury or premeditated bodily
injury that by negligence resulted in death of a victim shall be punished by
the deprivation of liberty for a period of from three to ten years.
Art. 125. Premeditated Trivial Injury
Premeditated trivial injury that caused minor lose of general working capacity
shall be punished by a penalty equal to fifty times the daily salary or by labor
in a penalty for a period up to six months or by the deprivation of liberty
for a period up to one year.
Art. 126. Premeditated Severe Injury or Injury Committed in the Heat of passion
Premeditated severe injury or injury committed in the heat of passion which
was provoked by illicit, abusive or immoral action of a victim towards a criminal
or the relative of a criminal, also by psychical trauma caused by repetitive
illicit or immoral action of injured person shall be punished by a penalty equal
to from fifty to hundred times the daily salary or by socially beneficial labor
for from 80 to 240 hours, or by restriction of liberty for a period up to two
years, or the imprisonment for a period of up to two months, or by the deprivation
of liberty for a period up to two years.
Art. 127. Severe Injury to health or Injury to health in Excess of Self-defense
Severe injury to health or injury to health in excess of self-defense shall
be punished by labor in a penalty for a period up to six months, or by restriction
of liberty for a period up to one year or by the deprivation of liberty for
the same term.
Art. 128. Severe Injury to health or Injury to health in Excess of Measures
Necessary for the Arrest of a Criminal
Severe injury to health or injury to health in excess of measures necessary
for the arrest of a criminal shall be punished by the correctional work for
a period of up to six months or restriction of liberty for a period up to one
year, or the deprivation of liberty for the same period.
Art. 129. Severe or less severe injury to health by negligence
- Less severe injury to health by negligence shall be punished by a penalty
equal to from 50 to 100 times the daily salary or the correctional work for
a period of up to two years, or imprisonment for a period of up to two months.
- Severe injury to health by negligence shall be punished by a penalty equal
to from 100 to 200 times the daily salary or the correctional work for a period
of up to two years, or imprisonment for a period of from two to four months.
Art. 130. Beating
To beat a person or use any kind of violence against him, that made a victim
suffer physical pains and did not cause the result stipulated by Art. 125 of
this Code, shall be punished by a penalty equal up to 150 times the daily salary
or the work beneficial to society for a period of from 120 to 180 hours, or
the correctional work for a period of up to fifteen years, or imprisonment for
a period of up to two months.
Art. 131. Torture
- Permanent beating or physical or mental torture of a victim by other unlawful
actions, that did nor cause the result stipulated by Articles 122 and 123
of this Code shall be punished by the deprivation of liberty for a period
of up to three years, with or without the deprivation of the right to hold
any position or conduct any activity.
- The same action committed:
- against two or more than two people;
- with regard to an official activity of a victim or his close relatives;
- with respect to pregnant women by a preliminary identification;
- with respect to minors, the helpless or those depending on a criminal
financially or in any other way, or hostages;
- due to national, racial or religious intolerance;
- by a group;
- by an order,
shall be punished by the deprivation of liberty for a period of from three
to six years.
CHAPTER 31
To Endanger The Human Life And Health
Art. 132. To put someone in dangerous condition
To put a person unable to take any measures of self-defense in the condition
dangerous to life shall be punished by a penalty equal to from 50 to 100 times
the daily salary or the deprivation of liberty for a period of up to two years.
Art. 133. To abandon in immediate peril
Abandonment of a person in immediate peril without providing assistance provided
that the victim had no ability of self-defense, if the criminal was in charge
of taking care of the victim and was able to assist him/her shall be punished
by a penalty equal to one hundred fifty times the daily salary or by labor in
a penalty for a period up to one year or by socially beneficial labor for from
120 to 240 hours, or by imprisonment for the period up to three months.
Art. 134. Non-assistance
Non-assistance to a person being in imminent peril in the event the criminal
had the possibility to provide assistance without endangering himself/herself
or other bodies, or refusal to inform adequate agencies or bodies shall be punished
by a penalty equal to fifty times the daily salary or by labor in a penalty
for a period up to six months.
Art. 135. Non-assistance to diseased individual
- Refusal to provide emergency medical aid by a medical specialist to an
ill person who was in conditions dangerous for life, shall be punished by
a penalty equal to from 50 to 150 times the daily salary, or by labor in a
penalty for a period up to fifteen months, or by imprisonment for a period
of from two to three months with or without dispossession of the right to
work for a period up to three years.
- In the event the same action caused severe injury of diseased person's
health or resulted in death it shall be punished by the deprivation of liberty
for a period up to three years, with the dispossession of the right to work
for a period up to three years.
Art. 136. To infect with AIDS
- Creation of intentional danger of infecting other person with AIDS shall
be punished by the deprivation of liberty for a period up to five years.
- To infect other person with AIDS intentionally shall be punished by the
deprivation of liberty for a period up to eight years.
- Action considered by the second part of this article committed toward two
or more person and committed with intent toward minor shall be punished by
the deprivation of liberty for a period up to ten years.
- To infect somebody with AIDS by negligence during the implementation of
professional duties shall be punished by the deprivation of liberty for a
period up to five years, with the dispossession of the right of professional
activities for a period up to three years.
Art. 137. To infect with venereal disease
- Premeditated creation of a danger of infecting another person with venereal
disease shall be punished by a penalty equal to fifty times the daily salary
or by labor in a penalty for a period of six months or by the deprivation
of liberty for a period up to one year.
- Premeditated infection with venereal disease shall be punished by a penalty
equal to from fifty to hundred times the daily salary or by the correctional
work for a period of up to one year, or by the deprivation of liberty for
a period up to two years.
- Commission of an action stipulated by the first or second section of this
article toward two or more person or toward minor with intent shall be punished
by a penalty equal to from one to two hundred and fifty times the daily salary
or by the deprivation of liberty for a period up to five years.
Art. 138. Illegal abortion
- Illegal abortion shall be punished by a penalty equal to from one to two
hundred times the daily salary or by socially beneficial labor for from one
to two hundred and forty hours or by labor in a penalty for a period of from
one to two years.
- Illegal repetitive abortion that caused the lose of maternity or other
grave consequences shall be punished by restriction of liberty for a period
up to three years, or by imprisonment for a period up to three months or by
the deprivation of liberty for a period up to three years with the dispossession
of the right to work for a period up to three years.
- Illegal abortion which by negligence caused the death of a woman shall be
punished by the deprivation of liberty for a period up to five years.
Art. 139. Instigation of Sparing Body Organ
- Forcible instigation or instigation by threat to spare body organs for
transplantation or experiment shall be punished by the deprivation of liberty
for a period up to four years with or without the dispossession of the right
to work for a period up to three years.
- The same action committed with intent toward vulnerable, minor or dependant
shall be punished by the deprivation of liberty for a period of from two to
five years, with or without the dispossession of the right to work for a period
up to three years.
Art. 140. Illegal trading with blood or its components
Illegal trading with blood or its components for gaining some profit shall
be punished by a penalty equal to from 50 to 360 times the daily salary or the
deprivation of liberty for a period of up to one year.
Art. 141. Cloning
[Omitted in the Georgian original]
CHAPTER 32
Crimes Against Honor And Dignity
Art. 140. Defamation
- Defamation i.e. intended dissemination of rumors abusing honor and dignity
of other individual or discrediting his/her reputation shall be punished by
a penalty equal to fifty times the daily salary, or by socially beneficial
labor for a period of from one to one hundred and twenty hours, or by labor
in a penalty for a period up to six months or by the deprivation of liberty
for a period up to one year.
- Defamation disseminated by means of print or broadcast media or by public
declarations shall be punished by a penalty equal to from one hundred and
fifty to two hundred times the daily salary, or by socially beneficial labor
for from one hundred and eighty to two hundred and forty hours, or by labor
in a penalty for a period up to two years, or by imprisonment for a period
of from two to four months.
- Defamation by accusing in especially grave crime, also by the person who
was convicted for defamation before shall be punished by restriction of liberty
for a period up to three years, or by imprisonment for a period of from two
to three months or by the deprivation of liberty for a period up to three
years.
Art. 141. Offense
- Offense - discrediting other person's honor and dignity publicly or by
means of print or electronic media, or by the person who had been convicted
for defamation or offense before shall be punished by a penalty equal to fifty
times the daily salary or to socially beneficial labor for one hundred twenty
hours, or labor in a penalty for a period up to six months.
- Offense disseminated by the way of print or electronic media or public
declaration or by the person who was convicted before for defamation or offense
shall be punished by a penalty equal to from 50 to 100 times the daily salary,
or by socially beneficial labor for a period up to 180 hours, or the correctional
work for a period of up to one year.
CHAPTER 33
CRIME AGAINST SEXUAL LIBERTY AND INVIOLABILITY
Art. 142. Rape
- Rape - sexual relationship by forcing or threatening the victim or another
person, or by abuse of the vulnerability of a victim shall be punished by
the deprivation of liberty for a period of from three to seven years.
-
- Repetitive rape or rape committed by the person who had committed the
crimes stipulated by Articles 143 and 146 of this code;
- Rape which by negligence was followed by infection of a victim with
venereal disease shall be punished by the deprivation of liberty for a period
of from five to ten years.
-
- Gang rape;
- intentional rape of a minor;
- brutal rape;
- rape committed at detention or arrest facility by abuse of authority;
- rape which was followed by the death of a victim or infection with
HIV by negligence or other severe injury to health shall be punished by
the deprivation of liberty for a period of from five to fifteen years.
- Rape of a person who had not reached the age of fourteen years shall
be punished by the deprivation of liberty for a period of from ten to
twenty years.
Art. 143. Sexual Offences Committed with the Use of Violence
- Forced homosexuality shall be punished by imprisonment for a period of
from three to six years.
-
- The same action committed by the person who had committed crimes
stipulated by Articles 142, 144 and 146 before;
- gang forced homosexuality;
- forced homosexuality committed with intent towards a minor;
shall be punished by the deprivation of liberty for a period of from four
to ten years.
- Sexual offences committed with the use of violence:
- committed with intent towards a minor;
- which by negligence was followed by the death of a victim;
- which by negligence was followed by severe injuries of an aggrieved
party, infection with AIDS or other grave results;
- committed by particular brutality against an aggrieved party or other
individuals;
shall be punished by the deprivation of liberty for a period of from five
to fifteen years.
Art. 144. Instigation of a Sexual Relationship
The instigation of sexual relationship, homosexual relationship or commission
of sodomy by threatening to disseminate offensive information or to inflict
material damage, or by abuse of the material or official position of a victim
shall be punished by a penalty equal to from fifty to hundred days salary, or
labor in a penalty for a period up to one year or by the deprivation of liberty
for a period up to two years.
Art. 145. Sexual Relationship with Person of Less than 16 Years
Premeditated sexual relationship, homosexual relationship or commission of
sodomy by a person who has reached 18 years with the person less than 16 years
shall be punished by restriction of liberty for a period up to three years or
by imprisonment for a period of up to three years or by the deprivation of liberty
for a period up to three years.
Art. 146. Villainous Action
Unforced villainous action toward a person who has not reached 16 years by
the person who had been informed about age before shall be punished by a penalty
equal to from fifty to hundred times the daily salary, or by working in the
working camp for a period up to one year, or by the deprivation of liberty for
a period up to two years.
CHAPTER 34
Crime Against Human Rights And Libertys
Art. 147. Violation of the Equality of Humans
- Violation of the equality of humans based on race, color, language, sex,
religion, belief, political view, or national, ethnic, social belonging, also
based on origin, place of residence and material conditions, that violated
their human rights and legal interest shall be punished by a penalty equal
to from fifty to hundred times the daily salary, or by labor in a penalty
for a period up to one year, or by the deprivation of liberty for a period
up to two years.
- The same action committed as a result of abuse of authority that was followed
by grave consequences shall be punished by a penalty equal to from hundred
to hundred and fifty times the daily salary, or by the deprivation of liberty
for a period up to three years with or without dispossession of the right
to work for a period up to five years.
Art. 148. Illegal The deprivation of Liberty
- Illegal restriction of liberty shall be punished by the deprivation of
liberty for a period of from four to eight years.
- The same action committed:
- By a group;
- Repeatedly;
- With respect to two or more than two people;
- by taking a victim abroad;
- with respect to knowingly pregnant, minor or vulnerable person;
- by the use of a weapon or object used as a weapon;
- with respect to a diplomat or official representative of a foreign
country or a person under the protection of international law;
- for the purpose of hiding or facilitating the commission of other crime;
- by violence that created danger to life or health or by threat
shall be punished by the deprivation of liberty for a period of from five
up to twelve years.
- 3.The action, stipulated by Par.1 and 2 of this Article, committed by an
organized group or that caused the destruction of human life or any other
grave results by negligence, shall be punished by the deprivation of liberty
for a period of from eight to fifteen years.
Note: If during 72 hours after an illegal the deprivation of liberty a criminal
voluntarily releases a victim, his sentence shall be reduced in half if there
are no features of other crime in his action and there is an appeal of an aggrieved
party.
Art.149. Seizing hostages
- Seizing hostages for the purpose of forcing an organization or an individual
on the condition of the release of an aggrieved party to perform or not perform
any action, which is the condition for the release of an aggrieved party,
shall be punished by the deprivation of liberty for a period of from five
to ten years.
- The same action committed:
- a. by a group of individuals by a prior agreement;
- b. repeatedly;
- with respect to two or more than two people;
- if an aggrieved party has been taken abroad;
- for a period of more than seven days;
- for gaining profit or by bribing;
- with respect to knowingly pregnant, minor or vulnerable person;
- by the use of a weapon or object used as a weapon;
- with respect to official representatives of foreign countries or
individuals subordinate to the international and legal protection;
- by violence dangerous to life or health or the threat of such violence;
shall be punished by the deprivation of liberty for a period of from six
to fifteen years.
- The action, stipulated by Par. 1 and 2 of this Article, committed by an
organized group or that caused the destruction of human life or any other
grave results by negligence shall be punished by the deprivation of liberty
for a period of from eight to fifteen years.
Note: Criminals, who during 72 hours after having seized a hostage release
the hostage voluntarily or at the request of the government, shall be relieved
of the criminal liability, if there are no features of another crime in their
actions.
Art. 151. Provoking the crime
Provoking the crime, i.e. persuading others to commit a crime for the purpose
of prosecuting them, shall be punished by the restriction of liberty for a period
of up to three years or imprisonment for a period of up to six months or the
deprivation of liberty for a period of up to four years.
Art. 150. Premeditated Commencement of Criminal Proceedings against Innocent
Person
- Premeditated commencement of criminal proceedings against an innocent person
shall be punished by the deprivation of liberty for a period up to five years.
- The same action if it is followed with charges in grave crime or in especially
grave crime shall be punished by the deprivation of liberty for a period of
from three to ten years.
Art. 151. Illegal Detention or Arrest
- Premeditated illegal detention shall be punished by restriction of liberty
for a period up to two years or imprisonment for a period up to two months,
or the deprivation of liberty for a period up to two years, with or without
dispossession of the right to work for a period up to three years.
- Premeditated illegal arrest shall be punished by the deprivation of liberty
for a period up to four years.
- In the event action stipulated by section 1) or 2) of this Article is followed
by grave consequences, it shall be punished by the deprivation of liberty
for a period of from four to eight years.
Art. 152. Illegal Placement in a Psychiatric Asylum
- Illegal placement or detention in a psychiatric asylum shall be punished
by the deprivation of liberty for a period up to three years.
- The same action committed as a result of abuse of authority that by negligence
caused the death of a victim or other grave consequence shall be punished
by the deprivation of liberty for a period of from three to six years, with
or without dispossession of the right to work for a period up to three years.
Art. 153. Coercion
Illegal restriction of liberty of action - physical of psychological coercion
to perform or not to perform an action the performance of which is up to an
individual shall be punished by a penalty equal to fifty times the daily salary
or labor in a penalty for a period up to six months or the deprivation of liberty
for a period up to one year.
Art. 154. Threat
Threat to life or health or property in the event it caused reasonable fear
of the implementation of threat shall be punished by a penalty equal to from
one to one hundred fifty times the daily salary, or by socially beneficial work
for a period of from one hundred and twenty to one hundred and eighty hours,
or by labor in a penalty for a period up to one year, or by imprisonment for
a period up to three months.
Art. 155. Violation of Right of a Person to Choose the Place of Residence
- Illegal violation of the liberty of person legally residing in Georgia
to move across the whole territory of the country, to choose the place of
residence, to leave the country, or to enter the country, which caused substantial
damage of legal interests of a victim shall be punished by a penalty equal
to fifty times the daily salary, or by labor in a penalty for a period up
to six months, or by the deprivation of liberty for a period up to one year.
- The same action committed by physical violence or the threat of such violence,
or by abusing an official power shall be punished by a penalty equal to from
50 to 100 times the daily salary, or the correctional work for a period of
up to one year, or the deprivation of liberty for a period of up to two years
with the deprivation of the right to hold any position or conduct any activity
for a period of up to three years.
Art. 156. Violation of Freedom of Speech
Illegal interference with freedom of speech, dissemination of information,
access to information that substantially damaged the legal interest of a victim
shall be punished by a penalty equal to from 50 to 100 times the daily salary,
or by labor in a penalty for a period up to one year or by the deprivation of
liberty for a period up to two years with or without the deprivation of the
right to hold any position or conduct any activity for a period of up to three
years.
Art. 157. Illegal Interference with the Implementation of Journalistic Activities
- Illegal interference with the implementation of journalistic activities-
pressure on a journalist to disseminate particular information or to restrain
from the dissemination of information, or to provide him/her with false information
for dissemination shall be punished by the penalty equal to from fifty to
hundred times the daily salary, or by socially beneficial work for from one
hundred and twenty to two hundred and forty hours, or by labor in a penalty
for a period up to two years.
- The same action committed by threat or abuse of authority shall be punished
by a penalty equal to from hundred to two hundred and fifty times the daily
salary or by imprisonment for a period up to two months, or by the deprivation
of liberty foa a period of up to two years with or without dispossession of
the right to work for a period up to three years.
Art. 158. Illegal Interference with the Implementation of a Religious Ceremony
- Interference with the implementation of a religious ceremony violently
or by threat, or by abusing a believer or the representative of the church
shall be punished by a penalty equal to from 50 to 100 times the daily salary,
or by labor in a penalty for a period up to one year, or by the deprivation
of liberty for a period up to two years.
- The same action committed by the use of a weapon shall be punished by a
penalty from hundred to two hundred and fifty times the daily salary, or by
the deprivation of liberty for a period of from one to five years with or
without dispossession of the right to work for a period of up to five years.
Art. 159. Persecution of a person
- Persecution of person because of speech, idea, conscious or belief also
because of his/her political, public, professional, religious, or scientific
activities shall be punished by a penalty equal to from fifty to hundred times
the daily salary, or by restriction of liberty for a period up to two years,
or by the deprivation of liberty for the same period.
- The same action committed with violence or threat, or by abuse of authority
that damaged a victim substantially shall be punished by a penalty equal to
from one to one hundred and fifty times the daily salary or by restriction
of liberty for a period up to three years, or by imprisonment for a period
up to four months or by the deprivation of liberty for a period up to three
years with or without dispossession of the right to work for a period up to
five years.
- An action covered by the second part of this article if it was implemented
by the use of a weapon or followed by damage of victim's property shall be
punished by the deprivation of liberty for a period of from two to five years.
Art. 160. Violation of a Personal Secret
- Illegal access and disclosure of a personal or family secret shall be punished
by a penalty equal to fifty times the daily salary or labor in a penalty for
a period up to two years.
- Abuse of personal of a family secret, and dissemination of a secret by
means of print and electronic media or public declarations shall be punished
by a penalty equal to from fifty to hundred times the daily salary or by labor
in a penalty for a period up to one year, or by the deprivation of liberty
for a period up to two years.
- Action considered by the first or second section of this article committed
- for greed;
- repeatedly;
- by a person who was obliged to protect someone's secret due to his official
status, professional activity or other circumstances;
- if it caused serious damages
shall be punished by a penalty equal to from one to one hundred fifty times
the daily salary, or by restriction of liberty for a period up to three years,
or by imprisonment for a period up to three months or by the deprivation of
liberty for a period up to three years.
Art. 161. Violation of the Secrecy of a Private Conversation
- Illegal tapping of a personal conversation shall be punished by a penalty
equal to hundred times the daily salary, or by the restriction of liberty
for a period up to two years or by the deprivation of liberty for a period
up to two years.
- Illegal use or dissemination of an illegal wiretap or information received
as a result of an illegal tapping shall be punished by a penalty equal to
from one to one hundred and fifty times the daily salary, or by restriction
of liberty for a period up to three years, or by imprisonment for a period
up to three months, or by the deprivation of liberty for a period of from
one to three years.
- The action considered by the first or second section of this article committed:
- for greed;
- repeatedly;
- or that caused serious damage of person;
- by abuse of authority
shall be punished by the deprivation of liberty for a period of from two to
five years, with dispossession of the right to work for a period up to five
years.
Art. 162. Violation of the Secrecy of Personal Mail, Telephone Conversation
or other Type of Communication
- Violation of the secrecy of personal mail, telephone conversation or other
type of communication, also violation of the secrecy of information delivered
by fax, by telegraph or by other technical means shall be punished by a penalty
equal to fifty times the daily salary, or by socially beneficial work for
a period of from sixty to one hundred and twenty hours, or by labor in a penalty
for a period up to one year.
- The same action committed for greed, repeatedly, by abuse of authority
or that caused serious damage of individual shall be punished by a penalty
equal to from fifty to hundred times the daily salary, or by the deprivation
of liberty for a period up to two years, with the dispossession of the right
to work for a period up to five years.
Art. 163. Violation of Inviolability of an Apartment or Other Type of Residence
- Trespass of residence, illegal search or other action that violates the
inviolability of apartment or other type of residence shall be punished by
a penalty equal to 100 times the daily salary or labor in a penalty for a
period up to two years or the deprivation of liberty for the same period.
- The same action committed with violence or threat or that damaged the person
substantially shall be punished by a penalty equal to from 100 to 150 times
the daily salary or by the deprivation of liberty for a period up to three
years.
- The action considered by the first and second section of this article committed
by a gang or by the use of weapon or by abuse of power shall be punished by
a penalty equal to from 150 to 300 times the daily salary, or by imprisonment
from two to three months, or by the deprivation of liberty for a period up
to five years with dispossession of the right to work for a period up to three
years.
Art. 164. Illegal Interference with Meetings and Demonstrations
- Illegal interference with meetings and demonstrations and the violation
of the right to participate in meetings and demonstrations by abuse of authority,
violence or threat shall be punished by a penalty equal to from fifty to hundred
times the daily salary, or labor in a penalty for a period up to one year,
or by the deprivation of liberty for a period up to two years, with the dispossession
of the right to work for a period up to three years.
- The same action committed with the use of weapon, or that resulted in massive
disorder, or in death by negligence or in other grave consequences shall be
punished by the deprivation of liberty for a period up to five years, with
the dispossession of the right to work for a period up to five years.
Art. 165. Violation of the Right to Participate in Elections, Referendums and
Plebiscites
- Violation of the right of a citizen to participate in referendum, plebiscite
or elections shall be punished by a penalty equal to from fifty to hundred
times the daily salary, or by labor in a penalty for a period up to one year
or by the restriction of liberty for a period up to two years or by the deprivation
of liberty for the same period.
- The same action committed by the abuse of authority or by the use of weapon,
by violence or threat or by the group of people shall be punished by a penalty
equal to from one to three hundred times the daily salary, or by imprisonment
for a period up to six months or by the deprivation of liberty for a period
up to six years.
Art. 166. Interference with the Activities of Elections of Referendum Commissions
Interference with the activities of elections or referendum commissions which
resulted in disruption of elections, referendum or plebiscite or the voting
process in the given district shall be punished by labor in a penalty for a
period up to two years or by imprisonment for a period of from two to five months
or by the deprivation of liberty for a period up to five years.
Art. 167. Violation of Secrecy of ballot, Incorrect Calculation of Votes or
Incorrect Calculation of Results of Election
Deliberate violation of the secrecy of ballot in elections, referendums and
plebiscites, deliberate falsification of elections, referendum or plebiscite
document by a member of the elections or referendum commission or by observer,
deliberate incorrect calculation of votes or incorrect calculation of the results
of election, or deliberate incorrect determination of the results of referendum
or plebiscite shall be punished by a penalty equal to from fifty to hundred
times the daily salary, or by labor in a penalty for a period up to one year,
or by the deprivation of liberty for a period up to two years.
Art. 168. Violation of the Right to Strike
Interference with the implementation of the right to strike by violence or
threat, or forcing individual to abstain from a strike by the abuse of authority
or material conditions
shall be punished by a penalty equal to from 50 to 100 times the daily salary,
or by labor in a penalty for a period up to one year or by the deprivation of
liberty for a period up to two years.
Art. 169. Illegal Interference with the Creation or Activities of a Political,
Public or Religious Union
Illegal interference with the creation or the activities of a political, public
or religious union by violence or threat, or by abuse of authority shall be
punished by a penalty equal to from fifty to hundred times the daily salary,
or by labor in a penalty for a period up to one year, or by the restriction
of liberty for a period up to two years, or by the deprivation of liberty for
a period up to two years.
Art. 170. Submission of Inadequate Information or Illegal Rejection to Receive
Information
Illegal denial of the right of a person to receive information or official
document or the right of a person to submit the documents or material concerning
his/her rights, or incomplete submission of such documents if this action damaged
the person, shall be punished by a penalty equal to fifty times the daily salary,
or by labor in a penalty for a period up to one year, with or without dispossession
of the right to work for a period up to three years.
Art. 171. Violation of the Right of Free Labor
Violation of the right of free labor - interference with any legal labor by
violence or threat shall be punished by a penalty equal to from fifty to hundred
times the daily salary or by labor in a penalty for a period up to one year,
or by the deprivation of liberty for a period up to two years.
Art. 172. Violation of Labor Law
Illegal removal from position, disobedience of a court decision concerning
the recovery of a person of a position, or other type of substantial violation
of labor law shall be punished by a penalty equal to from fifty to hundred times
the daily salary, or by the deprivation of liberty for a period up to two years,
with or without dispossession of the right to work for a period up to three
years.
Art. 173. Violation of the Rules for the Protection of Labor
- Violation of security or other types of norms by a person who was in charge
of the protection of such norms in the event the violation caused bodily injury,
shall be punished by a penalty equal to from fifty to hundred times the daily
salary, or labor in a penalty for a period up to one year, or by the deprivation
of liberty for a period up to two years.
- The same action that by negligence that resulted in death shall be punished
by the deprivation of liberty for a period up to five years, with or without
dispossession of the right to work for a period up to three years.
CHAPTER 35
Crimes Against Family And Minors
Art. 174 Involvement of a Minor in Anti-Social Activities
- Involvement of a minor in prostitution or other type of sexual crime, in
begging(?) or in other anti social activities shall be punished by socially
beneficial labor for a period of from one hundred and seventy to two hundred
and forty hours, or the correctional work for a period of up to two years,
or the imprisonment for a period of three months, or by the deprivation of
liberty for a period up to two years.
- Involvement of minor in drug abuse ill be punished by restriction of liberty
for a period up to three years, or by imprisonment for a period up to four
months or by the deprivation of liberty for a period up to three years.
Art.175 Marketing of Minors
- Buying of a minor for the purpose of adoption shall be punished by labor
in a penalty for a period up to one year or by restriction of liberty for
a period up to two years, or by the deprivation of liberty for the same period.
- Buying or selling of minor or implementation of other business ill be punished
by the deprivation of liberty for a period of from two to five years.
- Action considered by second section of this article committed:
- repeatedly;
- toward two or more minors;
- by a gang;
- by abuse of authority;
- for the purpose of taking a victim abroad;
- in order to involve victim in criminal or anti-social activities;
- for the purpose of obtaining transplants
shall be punished by the deprivation of liberty for a period of from five
to ten years.
- The action considered by second or third section of this article that by
negligence caused the death of a minor or other grave outcome shall be punished
by the deprivation of liberty for a period of from eight to fifteen years
Art. 176. Preparatory Activities for Adoption
- Preliminary selection of a pregnant woman, taking her abroad for the delivery
period for the purpose of adoption or assistance in this type of adoption
shall be punished by restriction of liberty for a period up to three years.
- The same action committed;
- for greed;
- repeatedly;
shall be punished by the deprivation of liberty for a period of from three
to ten years.
Art. 177. Illegal Adoption
- Illegal activities for the purpose of adoption shall be punished by a penalty
equal to from one to one hundred and fifty times the daily salary, or by labor
in a penalty for a period up to two years or imprisonment for a period up
to three months or the deprivation of liberty for a period up to three years.
- The same action committed by abusing an official power shall be punished
by a penalty equal to from 150 to 360 times the daily salary or the imprisonment
for a period of from three to six months or the deprivation of liberty for
a period of from three to six years, with or without the deprivation of the
right to hold any position or conduct any activity for a period of up to three
years.
Art. 178. Replacement of a Child
Replacement of a child for greed or other intentions shall be punished by a
penalty equal to from 100 to 250 times the daily salary or by the deprivation
of liberty for a period up to five years.
Art. 179. Disclosure of a Secret of Adoption
- Disclosure of a secret of adoption against the will of parents shall be
punished by a penalty equal up to 50 times the daily salary or labor in a
penalty for a period up to six months.
- The same action:
- committed by the person who is obliged to protect the secret of an
adoption deriving from professional activities;
- if it caused grave consequences
shall be punished by a penalty equal to from 100 to 150 times the minimum
wage, or by restriction of liberty for a period up to three years, or by
the deprivation of liberty for the same period, with the dispossession of
the right to work for a period up to three years.
Art. 180. Abstaining from Paying Alimony
Abstaining from paying alimony determined by a court decision shall be punished
by a penalty equal to from fifty to hundred times the minimum wage, or by socially
beneficial labor for a period of from one hundred and twenty to two hundred
and forty hours or labor in a penalty for a period up to one year.
Art. 181. Factual Polygamy
Living with two or more women at the same time with a shared family shall be
punished by labor in a penalty for a period up to one year or the deprivation
of liberty for the same period.
PART EIGHT
ECONOMIC CRIME
CHAPTER 36
Crimes Against Property
Art. 182. Theft
- Theft i.e. concealed obtaining of another person's movable property for
the purpose of unlawful abstraction shall be punished by a penalty equal to
from 100 to 360 times the daily salary, or by restriction of liberty for a
period of up to three years, or by the deprivation of liberty for the same
period.
- The same action committed :
- deliberately by a group of individuals;
- repeatedly
- that inflicted serious damages;
- by trespass on apartments, warehouses or other shelters,
shall be punished by a penalty equal to from 150 to 360 times the daily
salary, or by the deprivation of liberty for a period from two to six years.
3. Theft
- committed by an organized group of individuals;
- of the items costing a large amount of money;
- by a person who had been convicted for crimes stipulated by articles
182-187 of this code for two or more times
shall be punished by the deprivation of liberty for a period of from five to
twelve years.
Note:
- The items mentioned in this Chapter of the Code, which cost more than 10
000 laris, are considered the items costing a large amount of money.
- 2. Crimes stipulated by Articles 182-187 are considered to be repetitive
if it followed the crimes stipulated by these articles (banditry, theft of
radioactive materials, theft of arms, theft of narcotics).
Art. 183. Robbery
- Robbery i.e. obvious obtaining of another person's movable property for
the purpose of unlawful abstraction shall be punished by a penalty equal to
from 100 to 360 times the daily salary, or by restriction of liberty for a
period from two to three years, or by the deprivation of liberty for a period
up to four years.
- The same action:
- a) committed by a prior agreement by a group of individuals;
- that inflicted serious damages;
- committed repeatedly;
- committed by trespassing on apartments, warehouses or other shelters;
- committed by violence that is not dangerous to life or health or
by threat of such a violence;
shall be punished by the deprivation of liberty for a period of from three
to seven years.
- Robbery committed:
- a) By an organized group;
- b) by a person who had been convicted for crimes stipulated by articles
182-187 of this Code for two or more times
shall be punished by the deprivation of liberty for a period from six to fourteen
years.
Art. 184. Banditr
- Banditry i.e. attack for the purpose of obtaining other person's movable
property in order to abstract it unlawfully, which was accompanied with violence
dangerous for life or health or threat of such violence, shall be punished
by the deprivation of liberty for a period from three to ten years.
- The same action committed:
- repeatedly;
- by trespass on a residence or other shelter;
- for the purpose of abstraction of especially valuable property;
- with severe injury to the health of a victim by negligence;
- by a group of individuals;
- by a person who had been convicted for crimes stipulated by articles
182-187 of this code for two or more times
shall be punished by the deprivation of liberty for a period from six
to fifteen years.
Art. 185. Fraud
- Fraud i.e. obtaining another person's property or right to property by
falsehood for the purpose of unlawful abstraction
shall be punished by a penalty equal to from one hundred to three hundred
and sixty times the daily salary or by socially beneficial labor for from
one hundred and sixty to two hundred hours, or by the correctional work for
a period from one to two years or by imprisonment for a period up to three
months or by the deprivation of liberty for a period up to three years.
- The same action:
- committed deliberately by a group of individuals;
- that inflicted substantial damage;
- committed repeatedly;
- committed by abuse of authority;
shall be punished by a penalty equal to from one hundred and fifty to three
hundred times the daily salary, or by the deprivation of liberty for a period
from two to six years.
- Fraud
- committed by an organized group of individuals;
- committed by a person who had been convicted for crimes stipulated
by articles 182-187 of this code for two or more times
shall be punished by the deprivation of liberty for a period from five
to ten years.
Art. 186. Racketeering
- Racketeering i.e. a request for another person's property or the right
to property or the right to use property that is accompanied by violence or
threat of violence or threat of dissemination of abusive information towards
the victim or his or her relative that may cause substantial violation of
lawful interests of victim or his or her relative shall be punished by a penalty
equal to from 100 to 360 times the daily salary or by imprisonment for a period
up to six months, or by the deprivation of liberty for a period up to four
years.
- The same action committed;
- repeatedly;
- by a group of individuals;
- for the purpose of obtaining especially valuable property;
- by a person who had been convicted for crimes stipulated by articles
182-187 of this Code for two or more times
shall be punished by the deprivation of liberty for a period of up to
six years.
Art. 187. Conversion or Defalcation
- Unlawful conversion or defalcation of another person's movable property
if this property was under the lawful ownership or custody of that person
shall be punished by a penalty equal to from one to two hundred times the
daily salary or restriction of liberty for a period up to three years, or
by the deprivation of liberty for a period up to four years.
- The same action
- committed deliberately by a group of individuals;
- committed repeatedly;
- committed by abuse of authority;
- that inflicted substantial damage
shall be punished by a penalty equal to from two to three hundred and
fifty times the daily salary, or by the deprivation of liberty for a period
from two to seven years, with the deprivation of right to hold some position
or conduct some activities for a period up to five years.
- Action prescribed by section one or two of this article committed:
- by an organized group of individuals;
- in large amount;
- by a person who had been convicted for crimes stipulated by articles
182-187 of this code for two or more times
shall be punished by the deprivation of liberty for a period from six
to fifteen years by the deprivation of the right to hold some position
or conduct some activities for a period up to five years.
Art. 188. Conversion of a Document or the Subject of Special Historical, Cultural,
Scientific or National Value for the Purpose of Unlawful Abstraction
- Conversion of a document or the subject of special historical, cultural,
scientific or national value for the purpose of unlawful abstraction in defiance
of the way of abstraction shall be punished by the deprivation of liberty
for a period from six to ten years.
- The same action committed
- By a group of individuals;
- Repeatedly;
- By using weapons or the things used as weapons,
shall be punished by the deprivation of liberty for a period from eight
to fifteen years.
Art. 189. Unlawful Obtaining of an Automobile or other Means of Transportation
without the Purpose of Conversion
- Unlawful obtaining of automobile or other means of transportation for the
purpose of temporary abstraction shall be punished by a penalty equal to from
150 to 360 times the daily salary or imprisonment for a period up to four
months or the deprivation of liberty for a period up to three years.
- The same action committed:
- deliberately by a group of individuals;
- repeatedly;
- violently without creating danger to life and health of other people
or by threat of such violence
shall be punished by the deprivation of liberty for a period from two
to seven years.
- Action prescribed by first of second section of this article committed
violently that created danger to life and health or by threat of such violence
shall be punished by the deprivation of liberty from four to eight years.
Note: in the event the criminal deliberately, without damage returns automobile
or other means of transportation within the period of 24 hours punishment
will be reduced by half.
Art. 190. Infliction of Property Damage by Falsehood
- Infliction of property damage on the owner or custodian of property by
falsehood, if there were no signs of crime stipulated by Article 186 (Fraud)
of this Code shall be punished by a penalty up 150 times the daily salary
or by socially beneficial labor for a period of from 120 to 180 hours or by
the correctional work for a period up to one year or by imprisonment for a
period up to four months or by the deprivation of liberty for a period up
to two years.
- The same action:
- Committed deliberately by a group of individuals;
- That inflicted serious damages;
- Committed repeatedly
shall be punished by a penalty equal to from 100 to 150 times the daily
salary or by imprisonment for a period up to three years.
- Action prescribed by first or second section of this article:
- committed by an organized group of individuals;
- b) in a large amount;
- committed by a person who had been convicted for the crimes stipulated
by Articles 182- 187 of this Code
shall be punished by the deprivation of liberty for a period from two
to five years.
Art. 191. Intentional Purchase or Selling of an Object Obtained as a Result
of Crime
- Intentional purchase or selling of an object obtained as a result of crime
shall be punished by a penalty equal to from 50 to 300 times the daily salary
or by socially beneficial labor for from 180 to 200 hours, or by the correctional
work for a period up to one year, or by the deprivation of liberty for a period
up to two years.
- The same action committed:
- deliberately by a group of individuals;
- of an automobile or a large number of subjects;
- by a person who had been convicted for the crime stipulated by articles
182-186-191 of this Code
shall be punished by a penalty equal to from 50 to 360 times the daily
salary or the
imprisonment for a period from four to six months or by the deprivation
of liberty for a period up to five years.
- Action prescribed by the first or second section of this article committed:
- by an organized group of individuals;
- by abuse of authority
shall be punished by the deprivation of liberty for a period of from
three to seven years.
Art. 192. Premeditated Injury or Devastation of an Object
- Premeditated injury or devastation of an object that inflicted substantial
damage by negligence shall be punished by a penalty equal to from 50 to 360
times the daily salary or by socially beneficial labor for from 100 to 180
hours, or by the correctional work for a period up to one year or by imprisonment
for a period up to two months, or by the deprivation of liberty for a period
up to three years.
- The same action if it is committed by burning, explosion or by other universally
dangerous mean, or if it was followed by death of individual by negligence
or other grave consequences shall be punished by the deprivation of liberty
for a period up to seven years.
Art. 193. Injury or Devastation of an object by Negligence
- Injury or devastation of an object by negligence that caused substantial
damage shall be punished by a penalty equal up to 50 times the daily salary
or the correctional work for a period up to one year or by restriction of
liberty for a period up to two years.
- The same action committed by negligent use of fire or source of excessive
danger, or that caused death of a person by negligence or other grave consequences
shall be punished by a penalty equal to from 50 to 360 times the daily salary
or the correctional work for a period of up to two years, or by restriction
of liberty for a period of up to three years, or by the deprivation of liberty
for a period of up to three years.
Art. 194. Violation of Intellectual Property
- Appropriation of authorship or copyright on scientific, literature and
musical product or on invention, industrial sample or on other intellectual
product shall be punished by a penalty equal to from 50 to 360 times the daily
salary or by the correctional work for a period up to two years.
- Illegal use of product of intellectual activities of other person that
is subject to copyright law, or dissemination of information concerning industrial
sample without prior consent of author or owner of copyright shall be punished
by a penalty equal to from 100 to 360 times the daily salary, or by restriction
of liberty for a period up to two years.
- Action prescribed by the sections one and two of this article committed
repeatedly or in the event it caused substantial violation of interests of
author or copyright law, or coercion to become co-author shall be punished
by restriction of liberty for a period up to three years, or by the deprivation
of liberty for the same period.
CHAPTER 37
Crime Against Entrepreneurial Or Other Economic Activities
Art. 195. Interference with Legal Entrepreneurial Activities
Unreasonable refusal to register an enterprise or issue a license by abuse
of power, or limitation of the legal interest of a person implementing economic
activities, or interference in his or her activities that inflicted substantial
damage shall be punished by a penalty equal to from 50 to 360 times the daily
salary, or socially beneficial labor for from 120 to 180 hours, or by imprisonment
for a period up to three months, with the deprivation of right to hold some
position or conduct some activities for a period up to three years.
Art. 196. Premeditated Illegal Registration of a contract for a Land Plot
Premeditated illegal registration of the deal on land plot, alteration of land
register, reduction of land tax by greed or personal motive by abuse of authority
shall be punished by a penalty equal to from 50 to 360 times the daily salary,
or by socially beneficial labor for from 120 to 180 hours, or by imprisonment
for a period up to three months or by the deprivation of the right to hold some
position or conduct some activities for a period of up to three years.
Art. 197. Illegal Entrepreneurial Activities
- Entrepreneurial activities without registration or a license that is necessary
for such activities, or by violation of the terms of license that caused substantial
damage shall be punished by a penalty equal to 150 to 360 times the daily
salary or by imprisonment for a period up to four months, or by the deprivation
of liberty for a period up to two years.
- The same action committed:
- by group of individuals;
- repeatedly;
- by a person who had been convicted before for such crime
shall be punished by a penalty equal to from 300 to 360 times the daily
salary or by the deprivation of liberty for a period up to five years
along with penalty equal to 100 times the daily salary.
Art. 198. False Entrepreneurial Activities
False entrepreneurial activities i.e. creation of enterprise without implementation
of entrepreneurial activities for the purpose of receiving credit or other material
benefit, or concealment of prohibited activities that caused substantial damage
shall be punished by a penalty equal to from 100 360 times the daily salary,
or by the deprivation of liberty for a period of up to three years with the
deprivation of right to hold some position or conduct some activities for a
period up to five years.
Art. 199. Legalization of Illegal Income
- Legalization of illegal money or other property i.e. transformation into
legal income, or concealment of source, location, haulage real owner or holder
of property shall be punished by a penalty equal to from 150 to 360 times
the daily salary or by the deprivation of liberty for a period up to three
years.
- The same action committed:
- Repeatedly;
- by group of individuals;
- by abuse of authority;
- by legalizing illegally obtained funds and property in large amount
shall be punished by a penalty equal to 200 to 360 times the daily salary
or the deprivation of liberty for a period from three to five years.
Art. 200. Monopolistic Activities and Restriction of Competition
- Monopolistic activities conducted by establishing monopolistic high or
low prices, or restriction of competition by means of division of a market,
maintaining of influence on a market, coercion of another body implementing
economic activities, establishment or maintaining of a general market price
shall be punished by a penalty equal to from 50 to 360 times the daily salary
or by imprisonment for a period up to three years, or the deprivation of liberty
for a period of up to two years.
- The same action committed
- repeatedly;
- by a group of individuals
shall be punished by a penalty equal to from 150 to 360 times the daily
salary or by the deprivation of liberty for a period up to four years.
- Action prescribed by first or second section of this article committed
- violently or by threat of violence;
- by damaging or devastating other person's property or by threat of
such action if there are no signs of racket;
shall be punished by the deprivation of liberty for a period from three
to seven years.
Art. 201. Misuse of Trademark
- Use of another's trademark or registered firm name or illegal assignment
of a trademark or incorrect indication of location of the place of production
if it caused substantial damage shall be punished by a penalty equal to from
50 to 100 times the daily salary or by the correctional work for a period
up to two years.
- Illegal assignment of trademarks of products that are not registered in
Georgia or misuse of the place of production that caused substantial damage
shall be punished by a penalty equal to from 50 to 360 times the daily salary,
or by socially beneficial labor for from 120 to 180 hours, or by the correctional
work for a period up to one year.
- Action prescribed by section one or two of this article committed repeatedly
shall be punished by restriction of liberty for a period up to three years
or by imprisonment for a period up to four months or by the deprivation of
liberty for a period up to three years.
Art. 202. Falsification
- Falsification based on greed i.e. violation of industry standards or certification
rules that caused alteration of the quality or image of a product shall be
punished by a penalty equal to from 50 to 360 times the daily salary or by
the correctional work for a period up to two years or by the deprivation of
liberty for a period from one to three years, with or without the deprivation
of right to hold some position or conduct some activities for a period up
to three years.
- The same action committed repeatedly or in large amount shall be punished
by restriction of liberty for a period up to five years or by the deprivation
of liberty for a period from three to five years with or without the deprivation
of the right to hold some position or conduct some activities for a period
up to four years.
- Action prescribed by the first or second section of this article that created
a danger to health and life of a person or caused death of a person by negligence
shall be punished by the deprivation of liberty for a period from five to
ten years with the deprivation of right to hold some position or conduct some
activities for a period up to five years.
Art. 203. Misuse of a Trademark
Misuse of a trademark that caused substantial damage shall be punished by a
penalty equal to from 50 to 360 times the daily salary.
Art. 204. Production, marketing, storage and transportation of excise products
that are subject to marking without a mark.
- Production, marketing and storage of excise products that are subject to
marking without a mark or premeditated transportation of such products shall
be punished by a penalty equal to from 100 to 360 times the daily salary or
by restriction of liberty for a period up to three years, or by imprisonment
for a period up to three months or by the deprivation of liberty for a period
from one to three years.
- The same action committed repeatedly or in large amount shall be punished
by a penalty equal to from 200 to 350 times the daily salary.
- The actions prescribed by the first and second section of this article
committed in especially large amount shall be punished by the deprivation
of liberty from five to ten years.
Note: Action prescribed by the first section of this article will become subject
to criminal liability in the event the price of production that is subject to
marking exceeds 200 laris.
Action prescribed by the second section of this article is deemed to be committed
in large amount in the event the price of the product is within 2000 and 10
000 laris, and especially large amount - more than 10 000 laris.
Art. 205. Dissemination of False Advertisement
Dissemination of Advertising by the producer of advertised products or by the
disseminator of advertisements for the purpose of misleading the consumer of
the advertisement that caused substantial damage shall be punished by a penalty
equal to from 50 to 360 times the daily salary or the correctional work for
a period up to one year or by imprisonment for a period up to three months or
by the deprivation of liberty for a period up to one year.
Art. 206. Illegal Access or Dissemination of Information Containing Commercial
or Bank Secret
- Compiling information containing commercial or a bank secret by obtaining
a document, by bribing or threatening the holder of such information or by
any other illegal method for the purpose to disseminate or use this data illegally
shall be punished by a penalty equal to from 50 to 360 times the daily salary
or by the correctional work for a period up to one year, or by imprisonment
for a period up to two months or by the deprivation of liberty for a period
up to two years with or without the deprivation of the right to hold some
position or conduct some activities for a period up to three years.
- Illegal dissemination or use of information containing commercial or bank
secret without consent of holder by greed or other personal motive that caused
substantial damage shall be punished by a penalty equal to from 150 to 360
times the daily salary, or by restriction of liberty for a period up to three
years, or by the deprivation of liberty for a period up to four years with
or without the deprivation of the right to hold some position or conduct some
activities for a period up to five years.
Art. 207. Bribing the Organizer or Participant of a Sports Competition or Commercial
Show
- Bribing a participant, referee, trainer, supervisor of team or organizer
of a competition or bribing of a participant or a member of the jury of a
commercial show in order to influence the results of show or competition shall
be punished by socially beneficial labor for from 120 to 180 hours, or by
the correctional work for a period from six months to one year, or by imprisonment
for a period up to two months.
- The same action committed repeatedly or by an organized group of individuals
shall be punished by restriction of liberty for a period up to five years
or the deprivation of liberty for a period up to five years.
- Illegal acceptance of money or securities or other property by participant,
referee, trainer, supervisor of team or organizer of competition or by participant
or a member of jury of commercial show for the purpose prescribed by section
four of this article shall be punished by the deprivation of liberty for a
period up to two years with the deprivation of the right to hold some position
or conduct some activities for a period up to three years.
- Illegal acceptance of money, securities or other property by sportsman
for the purpose of influencing the result of competition, or illegal use of
a service by a sportsman that was provided for the same reason shall be punished
by a penalty equal to from 50 to 360 times the daily salary, or by imprisonment
for a period up to three months with the deprivation of right to hold some
position or conduct some activities for a period up to three years.
Note: The person, who voluntarily informs appropriate governmental agency about
the fact of giving money, securities, other property or rendering paid service
to the individual mentioned above, will be released from criminal liability.
Art. 208. Illegal Action during Bankruptcy
1. Concealment of property, property obligations or part of property, devastation
of property, concealment, devastation or falsification of financial and accounting
documents depicting economic activities in the event of insolvency during the
consideration of bankruptcy announcement or bankruptcy proceedings shall be
punished by a penalty equal to from 150 to 360 times the daily salary, or the
deprivation of liberty for a period of up to three years.
Art. 209. Infringement on the rules for bookkeeping during bankruptcy
Infringement on the rules for bookkeeping in the event of solvency and overindebtedness
that aggravated the estimation of the existing condition of the property, shall
be punished by a penalty equal to from 100 to 360 times the daily salary or
the deprivation of liberty for a period of up to three years.
Art. 210. Dereliction of the obligation to submit an application during bankruptcy
Failure to submit an application on commencing bankruptcy proceedings in the
event of insolvency and over indebtedness by an authorized official or a liquidator
shall be punished by a penalty equal to from 50 to 360 times the daily salary,
or the correctional work for a period of up to one year or the deprivation of
liberty for the same period.
CHAPTER 38
Crime In The Monetary System
Art. 211. Illegal Application for Credit
- Submission of false documents on financial or economic conditions to bank
or other creditor for the purpose of extension or increase of the amount of
credit, or for the purpose of extension of low-interest credit that caused
substantial damage shall be punished by a penalty equal to from 100 to 360
times the minimum wage or by imprisonment for a period from two to four months
or by the deprivation of liberty for a period up to four years.
- Illegal extension of state directed credit and unreasonable use of such
credit that caused substantial damage shall be punished by a penalty equal
to from 150 to 360 times the daily salary or by the deprivation of liberty
from two to five years.
Art. 212.Violation of Rules for the Use and Production of State Sealing Equipment
Indicating the Countermark of Precious metals
- Unlicensed production, use or distribution of state sealing equipment or
falsification of state seal for greed or by other personal motive shall be
punished by a penalty equal to from 50 to 360 times the daily salary, or by
the correctional work for a period of up to two years.
- The same action committed repeatedly or by an organized group of individuals
shall be punished by a penalty equal to from 150 to 360 times the daily salary
or the imprisonment for a period of up to five months or by the deprivation
of liberty for a period up to three years.
Art. 213. Production and sale of false credit documents, invoices or tax documents
- Production for the purpose of sale or sale of such credit documents, invoices
or tax document or documents approving property rights that are not securities
shall be punished by the penalty equal to 100 to 360 times the daily salary
or the correctional work for a period of up to two years or the restriction
of liberty for a period of up to three years or the deprivation of liberty
for a period from two to four years.
- The same action committed repeatedly or by an organized group of individuals
shall be punished by a penalty equal to from 200 to 360 times the daily salary
or the imprisonment for a period of from three to six months or the deprivation
of liberty for a period from five to seven years.
Art. 214. Abuse of Cheques and Credit Cards
Abuse of cheques and credit cards, with the infliction of substantial damage
to the recipient shall be punished by a penalty equal to from 100 to 360 times
the daily salary or the deprivation of liberty for a period of up to three years.
Art. 215. Production and Distribution of Counterfeit Money or Securities
- Producing counterfeit bank notes, coins, securities or foreign currency
for the purpose of distribution or distributing them shall be punished by
the deprivation of liberty for a period from three to seven years.
- The same action committed in large amount or by a person who had been convicted
before for such crime shall be punished by the deprivation of liberty for
a period from seven to twelve years.
- Action prescribed by the first or second section of this article committed
by an organized group of individuals shall be punished by the deprivation
of liberty for a period from seven to fifteen years.
- Illegal production, purchase, transportation or distribution of equipment,
matrix, paper, paint etc. for the purpose of falsification of bank notes,
coins, securities or foreign currency shall be punished by the deprivation
of liberty for a period up to five years.
Art. 216. Falsification of Travel Documents
Falsification of documents for transportation of cargo or passengers repeatedly
for the purpose of distribution or distribution shall be punished by a penalty
equal to from 50 to 150 times the daily salary or by the deprivation of liberty
for a period up to three years with the deprivation of the right to hold some
position or conduct some activities.
CHAPTER 39
Crime In Financial Sphere
Art. 217. Contraband
- Contraband i.e. transportation of cargo over customs border of Georgia
by evading customs control, or by the falsification of data concerning cargo
and customs identification shall be punished by the deprivation of liberty
for a period up to seven years.
- Transportation of active, poison, radioactive or explosive materials, weapons,
arms, war materials, military weapon, nuclear, biological, chemical or other
type of weapon of mass destruction or material that can be used for the production
of weapon of mass destruction, or strategically important feedstock, historically
or archeologically valuable subjects, artistic products, masterpieces belonging
to Georgia or other countries transportation of jewelry produced from precious
metals, precious metals or debris of such metals that are subject to customs
regulation committed by avoidance customs control or by falsification of customs
documents or declaration data shall be punished by the deprivation of liberty
for a period from five to ten years along with penalty equal up to 100 times
the daily salary.
- Action prescribed by the first or second section of this article committed
- repeatedly;
- by use of violence against customs officer
shall be punished by the deprivation of liberty for a period from seven
to twelve years along with penalty equal up to 100 times the daily salary.
- Action prescribed by first, second and third sections of this article committed
by an organized group of individuals shall be punished by the deprivation
of liberty for a period from ten to fifteen years with penalty equal up to
200 times the daily salary.
Note: contraband is deemed to be of large amount in the event the price
or contraband products exceed the sum equal to 5000 laris.
Art. 218. Illegal Export of Weapon or Military Equipment of Mass Destruction,
or Technology or Scientific Technical Information for the Creation of Such Weapon
Illegal export of the weapon of mass destruction, transportation means of such
weapon or technology or scientific technical information for the creation of military
weapon that is subject to special export control shall be punished by a penalty
equal to from 100 to 360 times the daily salary, or by the deprivation of liberty
for a period of from three to five years.
Art. 219. Non return of Valuable Artistic, Historical or Archeological Product
Belonging to Georgia or other Country to Georgia.
Non return of valuable artistic, historical or archeological product taken
out of Georgia that are to be returned according to Georgian Legislation shall
be punished by a penalty equal to from 200 to 360 times the daily salary, or
by the deprivation of liberty for a period of up to five years.
Art. 220. Infringement on the rules for the application of national currency
in circulation within Georgia
Infringement on the rules for the application of national currency in circulation
within Georgia shall be punished by a penalty equal to from 100 to 360 times
the daily salary with the deprivation of the right to hold any position or conduct
any activity for a period of up to three years.
The same action committed repeatedly or by those who have been previously convicted
for the action stipulated by this Article shall be punished by a penalty equal
to from 150 to 360 times the daily salary or by the imprisonment for a period
of up to three months or by the deprivation of liberty for a period of up to
three years with the deprivation of the right to hold any position or conduct
any activity for a period of up to five years.
Art. 221. Non return of Finances in Foreign Currency from Foreign Countries
Non return of substantial amount of finances from foreign country in foreign
currency by the head of agency if in accordance with Georgian legislation the
transfer of this sum is compulsory to the account of an adequate bank, and that
caused substantial damages shall be punished by a penalty equal to from 200
to 360 times the daily salary or the deprivation of liberty for a period of
up to three years.
Art. 222. Customs Tax Avoidance
- Avoidance of high customs tax shall be punished by a penalty equal up to
150 times the daily salary, or by socially beneficial labor for from 120 to
180 hours.
- The same action committed repeatedly shall be punished by a penalty equal
to from 150 to 360 times the daily salary or by imprisonment for a period
up to six months, or by the deprivation of liberty for a period up to four
years.
Note: tax is considered to be high in the event it exceeds 2000 laris.
Art. 223. Tax Avoidance
- Avoidance of high taxes shall be punished by a penalty equal to from 200
to 500 times the minimum wage, or by socially beneficial labor for from 170
to 200 hours, or by the deprivation of liberty for a period up to one year.
- The same action committed repeatedly or in especially large amounts shall
be punished by a penalty equal to from 500 to 1000 times the minimum wage,
or by the deprivation of liberty for a period up to four years.
Note: unpaid tax is deemed to be high if it amounts to from 2000 to 10 000
laris, and especially high if it exceeds 10 000 laris.
Art. 224. Consumer Fraud
- Consumer fraud in size, weight or account, confusion of customer concerning
the qualities of product by the organization that sells products or serves
customers, or by an individual entrepreneur if this action inflicted serious
damage upon consumer
shall be punished by a penalty in the amount up to 100 times the daily salary
or by the correctional work for a period of from one to two years.
- 2. The same action committed:
- a. by those who have been convicted for such a crime;
- by a prior agreement by a group of individuals;
- in large amounts,
shall be punished by a penalty equal to from 100 to 360 times the daily
salary or the deprivation of liberty for a period of up to two years.
CHAPTER 40
Crime Against Entrepreneurial Or Other Professional Interest
Art. 225. Abuse of Authority
- Abuse of authority by the officials of entrepreneurial or other type of
organization against the legal interests of this organization by greed, in
the event this action inflicted substantial damage upon legal interests by
negligence shall be punished by a penalty equal to from 100 to 360 times the
daily salary or by the correctional work for a period up to two years, or
by imprisonment for a period up to six months or by the deprivation of labor
up to five years.
Art. 226. Commercial Bribery
- The illegal transfer of money, securities or other property or rendering
financial or property service to a person who acts as the head or representative
of an enterprise or any other organization in order to make him perform an
action in favor of the briber [Georgian original obscure] shall be punished
by a penalty equal up to 360 times the daily salary or by restriction of liberty
for a period up to two years or by the deprivation of liberty for a period
up to three years and with or without the deprivation of right to hold some
position or conduct some activities for a period up to three years.
- The same action committed:
- Repeatedly;
- intentionally by group of individuals;
shall be punished by a penalty equal to from 200 to 360 times the daily
salary or by restriction of liberty for a period up to four years or by
imprisonment for a period of from two to six months or by the deprivation
of liberty for a period up to four years.
- Illegal receipt of money, securities or other property by an official or
illegal use of service to induce him to use his authority for the sake of
briber's interests
shall be punished by a penalty equal to from 200 to 360 times the daily
salary or by restriction of liberty for a period up to three years or by
the deprivation of liberty for a period up to five years and with or without
the deprivation of right to hold some position or conduct some activities
for a period up to three years.
- 4. Action considered by Section 3 of this article committed:
- repeatedly;
- by force;
- intentionally by group of individuals;
shall be punished by a penalty equal to from 250 to 360 times the daily
salary or by the deprivation of liberty for a period up to five years
or by the deprivation of right to hold some position or conduct some activities
for a period up to five years, or without this.
Note: The person who committed actions considered by Section 1 or 2
of this article will be released from criminal liability if he or she
had become subject to coercion or declared about the given fact deliberately.
PART 9
CRIME AGAINST PUBLIC SECURITY AND ORDER
CHAPTER 41
Terrorism
Art. 227. An act of terrorism
- Explosion, arson, application of weapons or other actions, which cause
the destruction of human life, substantial damages to property or other grave
results and infringes on public security, strategic, political and economic
interests of the state, if this action is committed for the purpose of intimidating
the population and influencing government bodies, shall be punished by the
deprivation of liberty for a period of from five to ten years.
- The same action committed:
- a. by a group;
- repeatedly;
- by using the means for mass destruction,
shall be punished by the deprivation of liberty for a period of from eight
to fifteen years.
- 3. The action, stipulated by Par. 1 and 2 of this Article, if it is committed
by a terrorist group or that caused the destruction of human life or other
grave results by negligence, shall be punished by the deprivation of liberty
for a period of from ten seventeen years.
- 4. The action, stipulated by Par. 1 and 2 of this Article, that caused
the destruction of human life or other grave results, shall be punished by
the deprivation of liberty for a period of from fifteen to twenty years, or
the deprivation of liberty for an indefinite period.
Note: Those, who participated in the preparation of an act of terrorism and
who assists evading this act by timely notice of government bodies or in other
ways and if there are no features of other crime in their actions, shall released
from the criminal liability.
Art. 228. Technological terrorism
Application or the threat of application of nuclear, radiological, chemical
or bacteriological (biological) weapons or their components, pathogenic microorganisms,
radioactive or other hazardous substances dangerous to health, including the
seizure of nuclear and chemical objects or the objects of strong technological
and ecological danger, that infringes on public security, strategic, political
and economic interests of the state, if this action is committed for the purpose
of intimidating the population and influencing government bodies, shall be punished
by the deprivation of liberty for a period of from eight to fifteen years.
Art. 229. Assault on the political officials of Georgia
Infringement on life, health or property of the President of Georgia or other
political officials of Georgia or the members of their family with regard to
state activity shall be punished by the deprivation of liberty for a period
of seven to twenty years or the deprivation of liberty for an indefinite period.
Note: Those, who participated in preparation of the action, prescribed by this
Article, but voluntarily ceased this action and notified government bodies of
this, shall be released from criminal liability.
Art. 230. Assault on representatives of foreign countries under international
protection
Infringement on life, health or property of representatives of foreign countries
or the members of their family under international protection, if this action
is committed under political motive or for the purpose of aggravating international
relations, shall be punished by the deprivation of liberty for a period of from
seven to twenty years or the deprivation of liberty for an indefinite period.
Note: The person who participated in preparation of the crime stipulated by
this Article, but voluntarily ceased to commit this action and notified government
bodies of this, shall be relieved of the criminal liability.
Art. 231. Establishment of a terrorist organization
- Establishing or presiding a terrorist organization shall be punished by
the deprivation of liberty for a period of from seven to fifteen years.
- Participation in a terrorist organization shall be punished by the deprivation
of liberty for a period of from five to seven years.
Art. 232. Assistance to a terrorist organization of a foreign country or such
an organization being under the control of a foreign country
Unification with a terrorist organization of a foreign country or such an organization
being under the control of a foreign country or assistance to terrorist activities
shall be punished by the deprivation of liberty for a period of from seven to
fifteen years.
Art. 233. Seizure of hostages for terrorist purposes
- Seizure of hostages for the purpose of forcing the state authority, international
or religious organizations to perform or not perform different actions on
the condition of releasing the victim shall be punished by the deprivation
of liberty for a period of from seven to thirteen years.
- The same action committed:
- a. with respect to political officials of Georgia or their family members;
- with respect to official representatives of foreign countries or
persons subordinate to international and legal protection;
- by a group;
- repeatedly;
- by a terrorist organizations,
shall be punished by the deprivation of liberty for a period of eight
to fifteen years.
- 3. The action, stipulated by Par. 1 and 2 of this Article, which caused
destruction of human life and other grave results shall be punished by the
deprivation of liberty for a period of from twelve to twenty years.
Note: If during seventy-two hours after holding a person hostage a criminal
voluntarily or with the request of the government releases a hostage and the
conditions of the release of a hostage have not been fulfilled, a criminal
shall be relieved of the criminal liability, if there are no features of other
crime.
Art. 234. Seizure of the object of strategic importance for terrorist purposes
- Seizing and blockading the object of strategic or particular importance
for terrorist purposes shall be punished by the deprivation of liberty for
a period of from eight to fifteen years.
- The action, stipulated by Par. 1 of this Article, which caused the destruction
of human life or other important damage, shall be punished by the deprivation
of liberty for a period of from twelve to twenty years or for an indefinite
period.
Art. 235. False notification/information on terrorism
False notification/information on terrorism shall be punished by a penalty
equal to from 50 to 150 times the daily salary or the correctional work for
a period of one to two years or imprisonment for a period up to three months
or the deprivation of liberty for a period up to three years.
CHAPTER 42
Crime Against Social Security And Order
Art. 236. Seizing or blockading the objects of broadcasting or communication,
strategic or particular importance
- Seizing or blockading the institutions of broadcasting or communication,
strategic or particular importance, that hinder or could hinder an ordinary
functioning of these institutions, shall be punished by a penalty equal to
from 50 to 360 times the daily salary or the correctional work for a period
of one to one year, or imprisonment for a period of up to two months or the
deprivation of liberty for a period of up to two years.
- The same action committed repeatedly or by a group shall be punished by
the correctional work for a period of up to two years or the deprivation of
liberty for a period of up to four years.
Art. 237. Organization of illegal armed units and participation in it
- Establishing illegal armed units (armies, detachments/teams or other groups)
or leading such units shall be punished by the deprivation of liberty for
a period of from five to ten years.
- Participation in illegal armed units shall be punished by the restriction
of liberty for a period of up to five years or imprisonment for a period of
up to six months, or the deprivation of liberty for a period of up to five
years.
Note: Those who voluntarily cease to carry out activities in these illegal
armed units and surrender weapons, if there are no features of other crime
in their actions, shall be relieved of the criminal liability.
Art. 238. Banditry
Establishing or leading durable armed groups (gangs) for the purpose of assaulting
on specific persons or organizations, as well as participation in such groups
or the assault organized by them, shall be punished by the deprivation of liberty
for a period of from five to twenty years.
Art. 239. Mass turmoil
- Organizing or guiding/leading mass turmoil, which is accompanied by duress,
smash/destruction, setting on fire, or using weapons or explosives, or armed
resistance to representatives of the government shall be punished by the deprivation
of liberty for the period of from three to ten years.
- Participation in the action stipulated by Par. 1 of this Article shall
be punished by the deprivation of liberty for a period of from two to eight
years.
Art. 240. Organization or active participation in group activities that violates
public order
Organization or active participation in group activities that roughly violates
the public order or that is connected with the obvious disobedience to legal
requirements of representatives of the government or that caused hindrance of
functioning of transport, entrepreneurial institutions or organizations shall
be punished by a penalty equal to from 50 to 360 times the daily salary or the
work beneficial to society for a period of from 120 to 180 hours or the correctional
work for the period of up to two years or the restriction of liberty for a period
of up to three years or the deprivation of liberty for the same period.
Art. 241. Unlawful seizure of aircraft, vessels or carriages of a railway for
the purpose of hijacking or hijacking
- Unlawful seizure of aircraft, vessels or carriages of a railway for the
purpose of hijacking or their hijacking shall be punished by the deprivation
of liberty for a period of from three to eight years.
- The same action committed:
- by a group of people by a prior agreement;
- repeatedly;
- by violence, which is dangerous for life or health or the threat
of such violence;
- by using weapons or things used as weapons,
shall be punished by the deprivation of liberty for a period of from five
to twelve years.
- The action, stipulated by Par. 1 and 2 of this Article, if it caused the
destruction of human life or other grave results by negligence, shall be punished
by the deprivation of liberty for a period of from seven to fifteen years.
Art. 242. Piracy
- Piracy, i.e., an attack on sea or river boats or other vessels to capture
someone's belongings for the purpose of unlawful appropriation of these belongings
and that was accompanied by dangerous violence or the threat of such violence
shall be punished by the deprivation of liberty for a period of from five
to seven years.
- The same action committed repeatedly or that caused death of people or
other grave results by negligence shall be punished by the deprivation of
liberty for a period of from eight to fifteen years.
Art. 243. Explosion
- To explode gas, petrol, oil or other explosives/substances deliberately
and consciously endanger human life, health or property shall be punished
by the deprivation of liberty for a period of from three to seven years.
- The same action that caused grave results shall be punished by the deprivation
of liberty for a period of from five to twelve years.
Art. 244. Hooliganism
- Hooliganism, i.e. the action, which roughly violates the public order and
expresses an obvious disrespect to society that is accompanied by violence
or the threat of violence, shall be punished by a penalty equal to from 100
to 360 times the daily salary or the work beneficial to society for a period
of from 120 to 180 hours or the correctional work for the period of up to
one year or the deprivation of liberty for a period of up to one year.
- The same action:
- Committed by a group;
- If it involved the resistance to representatives of the government
or other individuals executing their duty in protecting the public order
or those who suppress the violation of order;
- Committed by those who have been previously convicted for hooliganism,
shall be punished by a penalty equal to from 150 to 360 times the daily
salary or the work beneficial to society for a period of from 180 to 200
hours or the correctional work for the period of from one to two years
or the deprivation of liberty for a period of up to five years.
- The action, stipulated by Par. 1 and 2 of this Article, committed by using
firearms or things used as weapons, shall be punished by the deprivation of
liberty for a period of from three to seven years.
CHAPTER 43
Criminal Violation Of Safety Rules During The Coduct Of Work
Art. 245. Infringement on security/safety rules when conducting mining, constructing
or other work
- Infringement on safety rules when conducting mining, constructing or other
work that caused severe or less severe injury of people by negligence shall
be punished by a penalty equal to from 100 to 360 times the daily salary or
the correctional work for a period of up to two years, or the deprivation
of liberty for a period of up to two years, the deprivation of the right to
hold any position or conduct any activity for a period of up to three years
or without this.
- The same action, which caused the destruction of human life or other grave
results by negligence, shall be punished by the restriction of liberty for
a period of up to five years or the deprivation of liberty for a period of
up to five years, the deprivation of the right to hold any position or conduct
any activity for a period of up to three years or without this.
Art. 246. Infringement on safety rules on the objects of nuclear power
- Infringement on safety rules when disposing, designing, constructing or
exploiting the objects of nuclear power, if this could cause the destruction
of human life or radioactive pollution of the environment by negligence, shall
be punished by a penalty equal to from 100 to 360 times the daily salary or
the restriction of liberty for a period of up to three years or the deprivation
of liberty for a period of up to four years, the right to hold any position
or conduct any activity for a period of up to three years or without this.
- The same action, which caused the destruction of human life, radioactive
pollution of the environment or other grave results by negligence, shall be
punished by the deprivation of liberty for a period of up to ten years, the
right to hold any position or conduct any activity for a period of up to three
years.
Art. 247. Infringement on safety rules in explosive enterprises and shops
- Infringement on entrepreneurial and technical safety rules in explosive
enterprises and shops that could cause grave results shall be punished by
a penalty equal to from 100 to 360 times the daily salary or the restriction
of liberty for a period of up to two years or the deprivation of liberty for
a period of up to one year, the right to hold any position or conduct any
activity for a period of up to three years or without this.
- Infringement on entrepreneurial and technical safety rules in explosive
enterprises and shops that caused the destruction of human life or other grave
results by negligence shall be punished by the restriction of liberty for
a period of up to five years or the deprivation of liberty for a period of
up to five years, the right to hold any position or conduct any activity for
a period of up to three years.
Art. 248. Infringement on fire safety rules
- Infringement on fire safety rules by those who were obliged to observe
these rules that caused severe or less severe injury of people by negligence
shall be punished by a penalty equal to from 100 to 200 times the minimum
wage or the restriction of liberty for a period of up to three years or
the deprivation of liberty for a period of up to three years, the right
to hold any position or conduct any activity for a period of up to three
years or without this.
- The same action, which caused the destruction of human life or other
grave results by negligence, shall be punished by the restriction of liberty
for a period of up to five years or the deprivation of liberty for a period
of up to five years, the right to hold any position or conduct any activity
for a period of up to three years or without this.
Art. 249. Infringement on the rules for storing, applying, inspecting, hauling
or transferring explosive, inflammable, burning substances or pyrotechnical
products
Infringement on the rules for inspecting, storing, hauling and applying explosive,
inflammable, burning substances or pyrotechnical products, as well as illegal
transference of them by post or luggage that caused grave results by negligence
shall be punished by a penalty equal to from 100 to 360 times the daily salary
or the restriction of liberty for a period of up to three years, or the deprivation
of liberty for a period of up to seven years.
Art. 250. Infringement on the rules for applying nuclear materials and devices,
radioactive substances or other sources of ionic irradiation
- Illegal purchasing, storing, possessing or disposing, applying, processing,
examining, transferring, transporting (hauling), exporting, importing, trading
nuclear materials or devices, radioactive remains (including applied nuclear
fuel) radioactive substances and other sources of ionic irradiation in any
physical state, or appliances of any kind and any function, devices, instruments
or products, which contain radioactive materials or other sources of ionic
irradiation in any form, or other illegal application of them, as well as
any transactions with regard to them shall be punished by the deprivation
of liberty for a period of up to five years.
- The same action committed repeatedly, or that caused the destruction
of human life or other grave results by negligence shall be punished by
the deprivation of liberty for a period of up to eight years.
Art. 251. Robbery of nuclear materials, radioactive substances or other sources
of ionic irradiation
- Robbery of nuclear materials, radioactive substances or other sources
of ionic irradiation shall be punished by the deprivation of liberty for
a period of from three to ten years.
- The same action committed by violence, which is dangerous for human life
and health, or committed by the threat of such violence, shall be punished
by the deprivation of liberty for a period of from six to fifteen years.
Art. 252. Infringement on the rules for applying nuclear materials, remains
of radioactive substances or other sources of ionic irradiation
- Infringement on the rules for purchasing, storing, burying, possessing,
using, processing, examining, transferring, inspecting, transporting (hauling),
exporting, importing nuclear materials, radioactive remains and other sources
of radioactive substances or ionic irradiation and other rules for applying
them, if this action could cause the destruction of human life or other
grave results, shall be punished by the deprivation of liberty for a period
of up to three years.
- The same action that caused the destruction of human life or other grave
results shall be punished by the deprivation of liberty for a period of
from five to ten years.
- The action, stipulated by Par. 1 and 2 of this Article, committed:
- repeatedly;
- by a group,
shall be punished by the deprivation of liberty for a period of from
eight to twelve years.
Art. 253. Preparation of nuclear weapons or other nuclear explosive devices
- Preparation of nuclear weapons or other nuclear explosive devices shall
be punished by the deprivation of liberty for a period of from five to ten
years.
- The same action committed repeatedly or by a group shall be punished
by the deprivation of liberty for a period of from eight to fifteen years.
Art. 254. Concealment or corruption of the information on the accident or
mishap on nuclear or radiation objects
- Concealment or corruption of the information on the accident or mishap
on nuclear or radiation objects, if this action could cause the destruction
of human life or other grave results, shall be punished by a penalty equal
to from 100 to 360 times the daily salary or the restriction of liberty
for a period of up to three years or the deprivation of liberty for a period
of up to three years.
- The same action, if it caused the destruction of human life or other
grave results, shall be punished by imprisonment for a period of up to six
months or the deprivation of liberty for a period of from three to seven
years.
Art. 255. Transit or import of radioactive, toxic industrial and everyday
remains within the territory of Georgia
- Transit or import of radioactive, toxic industrial and everyday remains
within the territory of Georgia for utilizing, deactivating, processing
and burying them or for any other purposes, as well as import of industrial
or everyday remains for the purpose of diffusing/deactivating, burning or
burying them, shall be punished by a penalty equal to from 150 to 360 times
the daily salary or the deprivation of liberty for a period of up to five
years.
- The same action that caused grave results by negligence shall be punished
by the deprivation of liberty for a period of up to eight years.
Art. 256. Unlawful preparation, purchase, storage, carrying, haulage, transference
and sale of weapons, ammunition, explosive substances or devices
- Storage of firearms, ammunition, explosive substances and devices without
permission shall be punished by a penalty equal to from 100 to 360 times
the daily salary or the restriction of liberty for a period of up to three
years, or imprisonment for a period of up to two months, or the deprivation
of liberty for a period of up to three years.
- Purchasing and carrying firearms, ammunition, explosive substances and
devices without permission shall be punished by a penalty equal to from
150 to 360 times the daily salary or imprisonment for a period of up to
four months or the deprivation of liberty for a period of from three to
five years.
- Unlawful transference, haulage, preparation or sale of firearms, ammunition,
explosive substances and devices shall be punished by the deprivation of
liberty for a period of from five to ten years.
Note: Those who voluntarily surrender the things listed in this Article
shall be relieved of the criminal liability, if there are no features of
other crime in their actions.
Art. 257. Unlawful seizure of firearms, ammunition, explosive substances
or devices for the purpose of appropriation or their extortion
- Unlawful seizure of firearms, the parts completing the set of firearms,
ammunition, explosive substances or devices for the purpose of appropriation
or their extortion shall be punished by the deprivation of liberty for a
period of from three to seven years.
- Unlawful seizure of the weapons for nuclear, chemical, biological destruction
or other weapons for mass destruction, as well as materials or devices to
prepare the weapons for mass destruction, for the purpose of appropriation
or their extortion shall be punished by the deprivation of liberty for a
period of from five to ten years.
- The action, stipulated by Par. 1 and 2 of this Article, committed:
- by a group of people by prior agreement;
- repeatedly;
- by abusing an official power;
- by violence, which is not dangerous for life and health or the threat
of such violence,
shall be punished by the deprivation of liberty for a period of from five
to twelve years.
4. The action, stipulated by Par. 1, 2 and 3 of this Article, committed:
- by an organized group;
- by violence dangerous for life and health or the threat of such violence;
- by those who have been previously convicted twice or more times for
the seizure of someone's belongings for the purpose of appropriation or
their extortion,
shall be punished by the deprivation of liberty for a period of from eight
to fifteen years.
Art. 258. Negligent storage of firearms
Negligent storage of firearms that created the condition for the application
of these firearms by other individuals and that caused grave results shall
be punished by a penalty equal to from 50 to 360 times the daily salary
or the correctional work for a period of up to one year or the restriction
of liberty for a period of up to two years or imprisonment for a period
of up to three months, or the deprivation of liberty for a period of up
to one year.
CHAPTER 44
CRIME AGAINST THE HEALTH OF POPULATION AND SOCIAL MORALITY
Art. 259. Illegal medical or pharmaceutical activity
- Illegal medical or pharmaceutical activity, if that caused the damage
to people's health by negligence shall be punished by a penalty equal to
from 100 to 360 times the daily salary or the restriction of liberty for
a period of up to three years, or the deprivation of liberty for the same
period.
- The same action, if it caused the destruction of human life by negligence,
shall be punished by the restriction of liberty for a period of up to five
years or the deprivation of liberty for the same period, the right to hold
any position or conduct any activity for a period of up to three years or
without this.
Art. 260. Concealment of the information on the circumstances endangering
human life or health
- Concealment or falsification of the information on the circumstances,
facts or events endangering human life or health or environment by those
who were obliged to provide the population with this information shall be
punished by a penalty equal to from 100 to 360 times the daily salary or
imprisonment for a period of up to three months or the deprivation of liberty
for a period of up to two years, the right to hold any position or conduct
any activity for a period of up to three years or without this.
- The same action committed by an official or if this action damaged the
health of people by negligence, or caused other grave results shall be punished
by a penalty equal to from 200 to 360 times the daily salary or the deprivation
of liberty for a period of up to five years, the right to hold any position
or conduct any activity for a period of up to three years or without this.
Art. 261. Infringement on the sanitary and epidemiological rules
- Infringement of the sanitary and epidemiological rules that caused mass
disease or poisoning of people by negligence shall be punished by a penalty
equal to from 50 to 360 times the daily salary or the restriction of liberty
for a period of up to three years, or the deprivation of liberty for a period
of up to two years, the right to hold any position or conduct any activity
for a period of up to three years.
- The same action that caused the destruction of human life by negligence
shall be punished by the restriction of liberty for a period of up to five
years or the deprivation of liberty for the same period, the right to hold
any position or conduct any activity for a period of up to three years.
Art. 262. Production, sale or service of poor quality goods incompatible
to safety requirements
- Producing or selling poor quality goods, and performing an unqualified
work or service that is incompatible to the safety requirements for the
life and health of consumers, as well as unlawful issuance and application
of the illegal document that certifies the relevance of the goods, work
or service to safety requirements, if this caused the damage of health by
negligence, shall be punished by a penalty equal up to 360 times the daily
salary or the restriction of liberty for a period of up to two years, or
the deprivation of liberty for the same period.
- The same action if it involved the goods, work or service intended for
the children up to the age of six, or if that caused severe damage of health
or damage of health of several people by negligence, shall be punished by
a penalty equal to from 150 to 360 times the daily salary or the restriction
of liberty for a period of up to three years, or the deprivation of liberty
for a period of up to five years.
- The action, stipulated by Par. 1 of this Article, if it caused the death
of two or more than two people by negligence, shall be punished by the deprivation
of liberty for a period of from four to seven years.
Art. 263. Organizing an unlawful association
- Establishment of religious or the social associations, the activity of
which is accompanied by violence with respect to people, as well as leading/guiding
such associations, shall be punished by a penalty equal to from 50 to 360
times the daily salary or the deprivation of liberty for a period of up
to three years.
- The participation in the association, stipulated by Par.1 of this Article,
shall be punished by a penalty equal to from 150 to 360 times the daily
salary or the deprivation of liberty for a period of up to two years.
Art. 264. Engagement in prostitution
- Engagement in the prostitution by violence or the threat of violence
or the threat of destruction of property, by blackmail or deception shall
be punished by a penalty equal up to 360 times the daily salary or the deprivation
of liberty for a period of up to four years.
- The same action committed by an organized group of people shall be punished
by a penalty equal to from 200 to 360 times the daily salary or the deprivation
of liberty for a period of from three to six years.
Art. 265. Arrangement of the apartment for prostitution
Arrangement or maintenance of the apartment for prostitution shall be punished
by a penalty equal to from 100 to 360 times the daily salary or the deprivation
of liberty for a period of up to five years.
Art. 266. Illegal producing or selling pornographic works of literature
or items
Illegal producing, disseminating or advertising pornographic works of literature,
publications, images or various items of a pornographic character, as well
as purchasing or storing such items for the purpose of selling or disseminating
them, shall be punished by a penalty equal up to 360 times the daily salary
or the correctional work for a period of up to two years or the deprivation
of liberty for a period of up to two years.
Art. 267. Producing and disseminating such works of literature, which serve
as propaganda for a cult of violence and brutality
Producing, disseminating, showing or storing/maintaining movies, videos
or other works serving as propaganda for a cult of violence and brutality
for the purpose of disseminating and showing them shall be punished by a
penalty equal up to 360 times the daily salary or the correctional work
for a period of up to two years or the deprivation of liberty for a period
of up to one year.
Art. 268. Destruction or damage of monuments of history, culture or nature
- Destruction or damage of the objects of monuments of history, culture
or nature, and the items and documents of historical and cultural value,
shall be punished by a penalty equal to from 100 to 360 times the daily
salary or the deprivation of liberty for a period of up to four years.
- The same action committed with respect to the objects of particular value
shall be punished by a penalty equal to from 150 to 360 times the daily
salary or the deprivation of liberty for a period of up to six years.
- Destruction or damage of the objects of monuments of history, culture
or nature, and the items and documents of historical and cultural value
by negligence, shall be punished by a penalty equal up to 200 times the
daily salary or the deprivation of liberty for a period of up to one year.
- The same action that caused the destruction or damage of the objects
of particular value by negligence shall be punished by a penalty equal up
to 200 times the daily salary or the deprivation of liberty for a period
of up to three years.
Art. 269. Disrespect to deceased
- Desecrating deceased and cemeteries, and destroying or damaging memorials
of cemeteries or other above-ground structures shall be punished by a penalty
equal up to 200 times the daily salary or the work beneficial to society
for a period of 120 to 180 hours or the correctional work for a period of
up to one year, or imprisonment for a period of up to two months or the
deprivation of liberty for a period of up to one year.
- Robbery of the items put in cemeteries or existing on cemeteries shall
be punished by a penalty equal up to 360 times the daily salary or the deprivation
of liberty for a period of up to two years.
- The same action committed:
- by a group;
- on the grounds of national or religious conflict;
- by violence or the threat of violence,
shall be punished by the restriction of liberty for a period of up to
three years or imprisonment for a period of from three to six months,
or the deprivation of liberty for a period of up to three years.
Art. 270. Brutal treatment to animals
- Brutal treatment to animals that caused their death or mutilation, as
well as the torture of animals shall be punished by a penalty equal up to
200 times the daily salary or the correctional work for a period of up to
one year, or imprisonment for a period of up to six months.
- The same action committed:
- by a group;
- repeatedly;
- in the presence of minors,
shall be punished by a penalty equal to from 100 to 360 times the daily
salary or the deprivation of liberty for a period of two years.
CHAPTER 45
Narcotic Crime
Art. 271. Illegal sale, purchase, storage or alienation of narcotics and
analogous substances
- Illegal sale, purchase, storage or alienation of narcotics and analogous
substances shall be punished by the deprivation of liberty for a period
of from two to six years.
- The same action:
- If it involved a large number of narcotics or their analogy, or
committed:
- by abusing an official power;
- repeatedly;
- by those who previously have committed any of the crimes stipulated
by Articles 272-281 and 287-289 of this Code,
shall be punished by the deprivation of liberty for a period of five
to twelve years.
- The action stipulated by Par. 1 and 2 of this Article:
- if it involved especially large number of narcotics or their analogy;
- committed by a group,
shall be punished by the deprivation of liberty for a period of eight
to twenty years.
Art. 272. Preparing, producing, processing, sorting out, transferring, sending
or hauling narcotics and analogous substances illegally
- Preparing, producing, processing, sorting out, transferring, sending
or hauling narcotics and analogous substances illegally shall be punished
by the deprivation of liberty for a period of from three to eight years.
- The same action:
- If it involved a large number of narcotics or their analogy, committed:
- by abusing an official power;
- repeatedly;
- by those who previously have committed any of the crimes stipulated
by Articles 271, 273-281 and 287-289 of this Code,
shall be punished by the deprivation of liberty for a period of six to
fifteen years.
- The action stipulated by Par.1 and 2 of this Article:
- if it involved especially large number of narcotics or their analogy;
- committed by a group,
shall be punished by the deprivation of liberty for a period of eight
to twenty years or for an indefinite period.
Art. 273. Illegal import of narcotics and analogous substances to Georgia,
their illegal export from Georgia and international haulage
- Illegal import of narcotics and analogous substances to Georgia, their
export from Georgia and international haulage shall be punished by the deprivation
of liberty for a period of five to ten years.
- The same action:
- If it involved a large number of narcotics or their analogy, or committed:
- by abusing an official power;
- repeatedly;
- by those who previously have committed any of the crimes stipulated
by Articles 271-272, 274-281 and 287-289 of this Code,
shall be punished by the deprivation of liberty for a period of seven
to fifteen years.
- The action stipulated by Par.1 and 2 of this Article:
- if it involved an especially large number of narcotics or their analogy;
- committed by a group;
- by abusing an official power,
shall be punished by the deprivation of liberty for a period of eight
to twenty years or for an indefinite period.
Art. 274. Producing, preparing, purchasing, storing, transferring, importing
to Georgia, exporting from Georgia, hauling, selling or alienating precursors
illegally
- Producing, preparing, purchasing, storing, transferring, importing to
Georgia, exporting from Georgia, hauling, selling or alienating precursors
illegally shall be punished by a penalty equal to from 150 to 360 times the
daily salary or the correctional work for a period of up to two years or the
deprivation of liberty for a period of up to five years.
- The same action:
- If it involved a large number of precursors, or committed:
- by a group;
- by abusing an official power,
shall be punished by the deprivation of liberty for a period of from three
to eight years.
- The action, stipulated by Par.1 and 2 of this Article:
- If it involved an especially large number of precursors, or committed:
- repeatedly;
- by those who previously have committed any of the crimes stipulated
by Articles 271-273, 275-281 or 287-289 of this Code,
shall be punished by the deprivation of liberty for a period of from six
to fifteen years.
Art. 275.Illegal purchase, storage, sale or alienation of psychotropic substances
- Illegal purchase, storage, sale or alienation of psychotropic substances
shall be punished by a penalty equal to from 100 to 360 times the daily
salary or the correctional work for a period of up to three years or the
deprivation of liberty for the same period.
- The same action:
- If it involved a large number of psychotropic substances, or committed:
- repeatedly;
- by those who previously have committed any of the crimes stipulated
by Articles 271-274, 276-282 or 287-289 of this Code,
shall be punished by the deprivation of liberty for a period of from
two to six years.
- The action , stipulated by Par.1 and 2 of this Article:
- If it involved an especially large number of psychotropic substances,
or committed:
- by abusing of an official power;
- by a group,
shall be punished by the deprivation of liberty for a period of from
five to ten years.
Art. 276. Preparing, producing, processing, transferring, sending or hauling
psychotropic substances illegally
- Preparing, producing, processing, transferring, sending or hauling psychotropic
substances illegally shall be punished by a penalty equal to from 150 to 360
times the daily salary or the correctional work for a period of up to three
years or the deprivation of liberty for a period of up to four years.
- The same action:
- if it involved a large number of psychotropic substances, or committed:
- repeatedly;
- by those who previously have committed any of the crimes stipulated
by Articles 271-275, 277-281 or 287-289 of this Code,
shall be punished by the deprivation of liberty for a period of from three
to eight years.
- The action , stipulated by Par.1 and 2 of this Article:
- if it involved an especially large number of psychotropic substances,
or committed:
- by abusing of an official power;
- by a group,
shall be punished by the deprivation of liberty for a period of from five
to twelve years.
Art. 277. Illegal import of psychotropic substances to Georgia, their illegal
export from Georgia and international haulage
- Illegal import of psychotropic substances to Georgia, their illegal export
from Georgia and international haulage shall be punished by the deprivation
of liberty for a period of from four to eight years.
- The same action:
- if it involved a large number of psychotropic substances, or committed:
- repeatedly;
- by those who previously have committed any of the crimes stipulated
by Articles 271-276, 278-281 or 287-289 of this Code,
shall be punished by the deprivation of liberty for a period of from three
to eight years.
- The action , stipulated by Par.1 and 2 of this Article:
- if it involved an especially large number of psychotropic substances,
or committed:
- by abusing of an official power;
- by a group,
shall be punished by the deprivation of liberty for a period of from eight
to twenty years.
Art. 278. Unlawful appropriation or extortion of narcotics, analogous substances,
precursors and psychotropic substances
- Unlawful appropriation or extortion of narcotics, analogous substances,
precursors and psychotropic substances shall be punished by the deprivation
of liberty for a period of from five to ten years.
- The same action:
- if it involved a large number of narcotics, analogous substances,
precursors or psychotropic substances;
- committed repeatedly;
- committed by those who previously have committed any of the crimes
stipulated by Articles 271-277, 279-281 or 287-289 of this Code,
- committed by abusing of an official power;
- committed by a group;
- committed by violence, which is not dangerous for life and health
of people or the threat of such violence,
shall be punished by the deprivation of liberty for a period of six to
fifteen years.
- The action stipulated by Par.1 and 2 of this Article:
- if it involved an especially large number of narcotics, analogous
substances, precursors or psychotropic substances;
- committed by violence, which is dangerous for life and health of
people or the threat of such violence,
shall be punished by the deprivation of liberty for a period of from eight
to twenty years.
Note: The term "unlawful appropriation" used in this Article implies
the secret, open or fraudulent seizure of narcotics, analogous substances,
precursors or psychotropic substances mentioned above, and also their seizure.
Art. 279. Secret arrangement and maintenance of the laboratory for preparing,
producing and processing narcotics, analogous substances, precursors and psychotropic
substances
- Secret arrangement, equipment and maintenance of the laboratory for preparing,
producing and processing narcotics, analogous substances, precursors and psychotropic
substances shall be punished by the deprivation of liberty for a period of
from three to six years.
- The same action committed:
- repeatedly;
- by those who previously have committed any of the crimes stipulated
by Articles 271-278, 280-281 or 287-289 of this Code,
- by a group;
- by abusing an official power,
shall be punished by the deprivation of liberty for a period of from five
to twelve years.
Art. 280. Illegally organizing, directing or financing the circulation of narcotics,
analogous substances, precursors and psychotropic substances
- Illegally organizing, directing or financing the circulation of narcotics,
analogous substances, precursors and psychotropic substances shall be punished
by the deprivation of liberty for a period of from five to ten years.
- The same action committed:
- repeatedly;
- by those who previously have committed any of the crimes any of the
crimes stipulated by Articles 271-279, 281 or 287-289 of this Code;
- by abusing an official power,
shall be punished by the deprivation of liberty for a period of from five
to twelve years.
Art. 281. Illegally breeding and cultivating the plants, which substitute narcotics
- Illegally sowing, breeding and cultivating the plants, which substitute
narcotics shall be punished by a penalty equal to from 200 to 360 times the
daily salary.
- The same action committed:
- Within the broad area;
- repeatedly;
- by those who previously have committed any of the crimes any of the
crimes stipulated by Articles 271-280 or 287-289 of this Code;
- by a prior agreement by a group of individuals,
shall be punished by a penalty equal to from 250 to 360 times the daily
salary or imprisonment for a period of from four to six months, or the
deprivation of liberty for a period of from two to seven years.
- The action, stipulated by Par.1 and 2 of this Article, committed by an
organized group of people, shall be punished by the deprivation of liberty
for a period of from five to ten years.
Art. 282. Repentance for a narcotic crime by an action
- Those, who illegally prepared, processed, produced, sorted out, purchased,
stored, imported to Georgia or unlawfully appropriated (except for the events
when this action has been committed by violence or threat) narcotics, analogous
substances, psychotropic substances or precursors, or committed the action
stipulated by the Article of this Code, shall be relieved of the criminal
liability determined for such a crime, if they voluntarily destroy or surrender
these narcotics, psychotropic or narcotic substances, analogous substances,
precursors, a secret laboratory or other means for preparing, producing or
processing such substances, or the sowings of the plants substituting narcotics,
which they illegally possessed to government bodies.
- Those, who illegally transferred, sent or hauled, exported from Georgia,
sold or alienated narcotics, psychotropic substances, analogous substances
or precursors, or committed the action stipulated by Articles 281 or 182 of
this Code, shall not be sentenced to an indefinite the deprivation of liberty
determined for this crime, and the deprivation of liberty for a certain period
shall be imposed on them of not more than the maximum measure stipulated by
law, or the court may relieve them of serving of the sentence imposed.
Note: Those, who voluntarily announce to government bodies about the crime
committed by them and surrender narcotics, psychotropic substances, substances
analogous to narcotics or precursors, as well as funds or other values obtained
through illegal circulation of them and besides, actively assist to discover
and investigate the narcotic crime familiar to them, shall be relieved of
criminal liability.
Art. 283. Illegal issuance of the prescription or other documents by medical
professionals for obtaining narcotics and psychotropic substances
- Illegal issuance of the prescription or other documents by medical professionals
for obtaining narcotics and psychotropic substances shall be punished by a
penalty equal to from 100 to 360 times the daily salary or the correctional
work for a period of up to two years.
- The same action committed repeatedly or for gaining profit shall be punished
by the deprivation of liberty for a period of up to five years, the deprivation
of the right to hold any position or conduct any activity for a period of
up to three years, or without this.
- The action, stipulated by Par.1 and 2 of this Article, that caused grave
results shall be punished by the deprivation of liberty for a period of from
three to eight years, the deprivation of the right to hold any position or
conduct any activity for a period of up to three years.
Art. 284. Preparation and sale of false prescriptions or other documents for
obtaining narcotics and psychotropic substances and also obtaining narcotics
and psychotropic substances by means of these prescriptions and documents
- Preparation and sale of false prescriptions or other documents for obtaining
narcotics and psychotropic substances by those, who are not medical professionals,
and also obtaining narcotics and psychotropic substances by means of these
prescriptions and documents shall be punished by a penalty equal to from 100
to 360 times the daily salary or the correctional work for a period of p to
two years, or the deprivation of liberty for a period of up to three years.
- The same action committed repeatedly or for the purpose of rendering
a service to someone, or by abusing an official power, shall be punished by
a penalty equal to from 300 to 700 times the daily salary or the deprivation
of liberty for a period of up to five years, the deprivation of the right
to hold any position or conduct any activity for a period of up to three years,
or without this.
- The action, stipulated by Par.1 and 2 of this Article, committed:
- by a prior agreement by a group of individuals;
- if it involved a large number of narcotics or psychotropic substances,
shall be punished by the deprivation of liberty for a period of three
to eight years, the deprivation of the right to hold any position or conduct
any activity for a period of up to three years.
Art. 285. Illegal issuance of narcotics or psychotropic substances by employees
of a drugstore
- Illegal issuance of narcotics or psychotropic substances by employees
of a drugstore shall be punished by a penalty equal to from 200 to 360 times
the daily salary or the deprivation of liberty for a period of up to five
years, the deprivation of the right to hold any position or conduct any activity
for a period of up to three years, or without this
- The same action:
- if it involved a large number of narcotics and psychotropic substances;
- was committed for gaining some profit;
- or repeatedly,
shall be punished by the deprivation of liberty for a period of up to
eight years, the deprivation of the right to hold any position or conduct
any activity for a period of up to three years.
Art. 286. Infringement on the rules for preparing, producing, obtaining, issuing,
storing, transporting and transferring narcotics and psychotropic substances
- Infringement on the rules for preparing, producing, obtaining, inspecting,
issuing, storing, transmitting, transferring, importing, exporting or internationally
hauling narcotics and psychotropic substances with regard to medical, pharmaceutical
or other legal/permitted activity, if this caused their illegal distribution,
shall be punished by a penalty equal to from 100 to 360 times the daily salary
or the restriction of liberty for a period of up to three years, or the deprivation
of liberty for a period of up to two years.
- The same action, if it caused illegal distribution of a large number
of narcotics or psychotropic substances by negligence, or other grave results
shall be punished by a penalty equal to from 200 to 360 times the daily salary
or the deprivation of liberty for a period of up to five years, the deprivation
of the right to hold any position or conduct any activity for a period of
up to three years.
Art. 287. Secret mixing of narcotics in nutrients and articles of primary consumption
- Secret mixing of narcotics in nutrients and articles of primary consumption
for the purpose of involving consumers in drug addiction, and for gaining
profit or under other personal motives shall be punished by a penalty equal
to from 100 to 360 times the daily salary or the restriction of liberty for
a period of up to two years or the deprivation of liberty for a period of
up to three years.
- The same action committed:
- repeatedly;
- with respect to minors;
- with respect to a lot of people,
shall be punished by the deprivation of liberty for a period of up to
five years.
- The action, stipulated by Par.1 and 2 of this Article, if it caused grave
results, shall be punished by the deprivation of liberty for a period of from
three to eight years.
Art. 288. Yielding apartments or other places for illegal consumption of narcotics,
analogous and psychotropic substances, or arrangement of special warehouses
for consuming such substances
- Yielding apartments or other places for illegal consumption of narcotics,
analogous substances and psychotropic substances shall be punished by a penalty
equal to from 100 to 360 times the daily salary or the deprivation of liberty
for a period of up to three years.
- The same action committed:
- repeatedly;
- for gaining some profit;
- with respect to minors or those, who are taking the course of disintoxication
therapy,
shall be punished by a penalty equal to from 200 to 360 times the daily
salary or the correctional work for a period of up to three years or the
deprivation of liberty for a period of up to five years.
- Arrangement of special warehouses for illegally consuming narcotics,
analogous and psychotropic substances, or organizing illegal consumption of
narcotics, analogous and psychotropic substances in such warehouses, shall
be punished by the deprivation of liberty for a period of from three to seven
years.
- The action, stipulated by Par.3 of this Article, committed repeatedly,
in educational institutions or by an organized group, shall be punished by
the deprivation of liberty for a period of from five to ten years.
Art. 289. Persuading to consume narcotics and analogous substances
- Persuading to consume narcotics and analogous substances shall be punished
by a penalty equal to from 100 to 360 times the daily salary or the deprivation
of liberty for a period of up to three years.
- The same action committed repeatedly, or with respect to two or more
than two people or minors, shall be punished by the deprivation of liberty
for a period of from three to ten years.
Art. 290. Illegal purchase, storage and consumption of narcotics, analogous
substances, psychotropic or analogous substances in small numbers for personal
consumption
- Illegal purchase, storage or consumption of narcotics, analogous substances
and psychotropic substances in small numbers for personal consumption, committed
during the forced treatment because of drug addiction or during three years
after the treatment, or in educational institutions, or after the imposition
of an administrative penalty for the same action, as well as by the person
who has committed any of the narcotic crimes stipulated by Articles 271-281
or 287-289 of this Code, shall be punished by a penalty equal to from 50 to
360 times the daily salary or the work beneficial to society for a period
of from 120 to 180 hours or the deprivation of liberty for a period of up
to one year.
- The action, stipulated by Par. 1 of this Article, committed repeatedly,
shall be punished by a penalty equal to from 100 to 300 times the minimum
wage, or the work beneficial to society for a period of from 120 to 180 hours
or the deprivation of liberty for a period of up to one year.
Art. 291. Evading the forced treatment
Stubbornly evading the forced treatment in special medical and prophylactic
facility by drug addicts shall be punished by the deprivation of liberty for
a period of up to one year.
Art. 292. Illegal circulation of poisonous non-narcotic substances or the infringement
on legal circulation of them
- Illegally preparing, producing, purchasing, storing and hauling poisonous
non-narcotic substances for the purpose of selling or selling them shall be
punished by a penalty equal to from 100 to 360 times the daily salary or the
restriction of liberty for a period of up to three years, or the deprivation
of liberty for the same period.
- The same action committed:
- repeatedly;
- by a prior agreement by a group of individuals;
- in large numbers,
shall be punished by the deprivation of liberty for a period of from three
to six years.
- Infringement on the rules for producing, purchasing, storing, inspecting,
issuing, hauling or transferring the poisonous non- narcotic substances, that
caused an illegal circulation of such substances or other grave results, shall
be punished by a penalty equal to from 200 to 360 times the daily salary or
the restriction of liberty for a period of up to five years.
Art. 293. Appropriation or extortion of poisonous non- narcotic substances
- Appropriation or extortion of strong or poisonous non-narcotic substances
shall be punished by a penalty equal to from 100 to 360 times the daily salary
or the deprivation of liberty for a period of up to four years.
- The same action committed:
- repeatedly;
- by a prior agreement by a group of individuals;
- in large numbers;
- by violence dangerous for human life and health or the threat of
such violence,
shall be punished by the deprivation of liberty for a period of from four
to ten years.
CHAPTER 46
Transport Crime
Art. 294. Infringement on the rules for safe movement and exploitation of railway,
water, air and cable transport
- Infringement on the rules for safe movement and exploitation of railway,
water, air and cable transport by those who are specially obliged to observe
these rules, that caused severe or less severe damage of the health of people,
shall be punished by a penalty equal to from 300 to 500 times the minimum
wage or the restriction of liberty for a period of up to three years, or the
deprivation of liberty for a period of up to five years, the deprivation of
the right to hold any position or conduct any activity for a period of up
to three years or without this.
- The same action if it did not cause the result stipulated by Par.1, 3
or 4 of this Article shall be punished by a penalty equal to from 100 to 360
times the daily salary, or the correctional work for a period of up to three
years or the deprivation of liberty for the same period. The same action that
caused the destruction of human life, [omitted in the Georgian original]
- The action, stipulated by Par.1 of this Article that caused the destruction
of human life by negligence shall be punished by the deprivation of liberty
for a period of up to seven years.
- The action, stipulated by Par.1 of this Article that caused the destruction
of life of two or more than two people by negligence shall be punished by
the deprivation of liberty for a period of from five to ten years.
Art. 295. Infringement on the rules for traffic and road transport
- Infringement on the rules for safe traffic and exploitation of cars,
trams, trolley-buses, tractors or other mechanical transport means by those
who drive the transport means above, that caused severe or less severe injury
of people by negligence or great injury, shall be punished by a penalty equal
to from 150 to 360 times the daily salary, or the restriction of liberty for
a period of up to three years, or the deprivation of liberty for a period
of up to four years, the deprivation of the right to drive any transport means
for a period of up to three years or without this.
- The same action, which caused the destruction of human life by negligence,
shall be punished by the deprivation of liberty for a period of up to five
years, the deprivation of the right to drive any transport means for a period
of up to seven years.
- The action, stipulated by Par.1 of this Article, that caused the destruction
of life of two or more than two people by negligence, shall be punished by
the deprivation of liberty for a period of from four to ten years, the deprivation
of the right to drive any transport means for a period of up to three years
or without this.
Art. 296. Poor quality repair of transport means, exploitation of technically
inoperable transport
- Poor quality repair of transport means, roads, alarm systems, networks
or other transport means, or exploitation of technically inoperable transport
by those, who are responsible for technical state of transport means, that
caused severe or less severe injury of people by negligence, shall be punished
by a penalty equal to from 100 to 360 times the daily salary or the restriction
of liberty for a period of up to three years, or the deprivation of liberty
for a period of up to three years, the deprivation of the right to hold any
position or conduct any activity for a period of up to three years or without
this.
- The same action that caused the destruction of human life by negligence
shall be punished by the deprivation of liberty for a period of from two to
seven years.
- The action, stipulated by Par.1 of this Article, that caused the destruction
of two or more than two people by negligence, shall be punished by the deprivation
of liberty for a period of from four to ten years.
Art. 297.To disable or damage transport means and roads
- To destroy or damage transport means, roads, alarm systems, networks
or other transport facilities or disable them for exploitation in any other
way, and blockade transport communication, if this action caused severe or
less severe injury of people by negligence, shall be punished by a penalty
equal to from 150 to 360 times the daily salary or the deprivation of liberty
for a period of up to four years.
- The same action that caused the destruction of human life by negligence
shall be punished by the deprivation of liberty for a period of up to seven
years.
- The action , stipulated by Par. 1 of this Article, that caused the death
of two or more than two people by negligence, shall be punished by the deprivation
of liberty for a period of from five to ten years.
Art. 298. Failure to render assistance to someone by a captain of a ship
Failure to render assistance by captains of ships to those, who were dying
in seas or waterways, if rendering such an assistance would not create the serious
danger to a ship, crew or travelers, shall be punished by a penalty equal to
from 200 to 500 times the minimum wage, or the restriction of liberty for a
period of up to three years, or the deprivation of liberty for a period of up
to two years, the deprivation of the right to hold any position or conduct any
activity for a period of up to three years or without this.
Art. 299. Infringement of the international rules for flying
- Failure to observe permitted routes, indicated flight heights, landing
places and entry points or infringement on the international rules for flying
shall be punished by a penalty equal to from 50 to 360 times the daily salary
or the restriction of liberty for a period of up to two years, or the deprivation
of liberty for a period of up to one year, the deprivation of the right to
hold any position or conduct any activity for a period of up to three years
or without this.
- The same action, if this seriously endangered inhabited areas, shall
be punished by a penalty equal to from 70 to 360 times the daily salary or
the restriction of liberty for a period of up to three years, or the deprivation
of liberty for a period of up to two years, the deprivation of the right to
hold any position or conduct any activity for a period of up to three years
or without this.
Art. 300. Infringement on traffic safety rules
- Infringement on traffic safety rules and transport exploitation rules
by travelers, pedestrians or other participants of traffic, except for the
individuals mentioned in Articles 277 or 278 of this Code, that caused severe
or less severe injuries of people by negligence shall be punished by a penalty
equal to from 70 to 360 times the daily salary or the restriction of liberty
for a period of up to three years, or the deprivation of liberty for a period
of up to two years.
- The same action that caused the destruction of human life by negligence
shall be punished by the deprivation of liberty for a period of up to four
years.
- The action, stipulated by Par.1 of this Article, which caused the death
of two or more than two people by negligence, shall be punished by the deprivation
of liberty for a period of from four to ten years.
Art. 301. To stop a train arbitrarily
- To stop a train, when not necessary, shall be punished by a penalty equal
to from 25 to 360 times the daily salary or the correctional work for a period
of up to one year.
- The same action [omitted in the Georgian original] shall be punished
by a penalty equal to [omitted in the Georgian original] times the daily salary.
Art. 302. Infringement on safety rules for constructing, repairing or exploiting
main pipelines
- Infringement on safety rules for constructing, repairing or exploiting
main pipelines that caused severe or less severe injuries of people by negligence
shall be punished by a penalty equal to from 100 to 360 times the daily salary
or the restriction of liberty for a period of up to three years, or the deprivation
of liberty for the same period, the deprivation of the right to hold any position
or conduct any activity for a period of up to three years or without this.
- The same action, which caused the destruction of human life by negligence,
shall be punished by the deprivation of liberty for a period of up to five
years.
- The action, stipulated by Par. 1 of this Article, which caused the death
of two or more than two people by negligence, shall be punished by the deprivation
of liberty for a period of from five to ten years.
CHAPTER 47
Computer Crime
Art. 303. Unlawful infiltration into the computer information
- Unlawful infiltration into the computer information, i.e. machine-transistors,
computers, computer systems, or the information reflected in the computer
network system, if this action destroyed, blocked, modified or copied the
information, or disrupted the work of computers, computer systems or their
networks, shall be punished by a penalty equal to from 70 to 360 times the
daily salary or the correctional work for a period of up to two years, or
the deprivation of liberty for the same period.
- The same action committed by a group by a prior agreement or by abusing
an official power, also by those who had an access to computers, computer
systems or their networks, shall be punished by a penalty equal to from 240
to 360 times the daily salary or the correctional work for a period of up
to five years, or imprisonment for a period of up to four months, or the deprivation
of liberty for a period of up to five years.
Art. 304. Creating, applying and disseminating the program damaging computers
- Creating the program damaging computers or making changes in existing
programs that intentionally causes the unsanctioned destruction, blockage,
modification or copying of information, disruption of the work of computers,
computer systems or their network, and also application or dissemination of
these programs or machine-transistors containing these programs, shall be
punished by a penalty equal to from 100 to 360 times the daily salary or the
correctional work for a period of up to three years or the deprivation of
liberty for the same period.
- The same action, which caused grave results by negligence, shall be punished
by the deprivation of liberty for a period of from three to five years.
Art. 305. Infringement on the rules for exploiting computers, computer systems
or their networks
- Infringement on the rules for exploiting computers, computer systems
or their networks by those, who had an access to computers, computer systems
or their network, that by negligence caused the destruction, blockage or modification
of the information protected by the law on computers, if this action caused
substantial damages, shall be punished by the work beneficial to society for
a period of from 180 to 200 hours, or the restriction of liberty for a period
of up to two years, the deprivation of the right to hold any position or conduct
any activity for a period of up to five years or without this.
- The same action, that caused grave results by negligence shall be punished
by the deprivation of liberty for a period of up to four years.
BOOK 10
CRIME AGAINST THE RULES FOR THE PROTECTION OF ENVIRONMENT AND USE OF NATURAL
RESOURCES
CHAPTER 48
Crime Against The Rules For The Protection Of Environment
Art. 306. Infringement on the rules for the protection of environment when conducting
activities
Infringement on the rules for the protection of environment when designing,
disposing, reconstructing, constructing, transferring for the exploitation or
exploiting industrial, agricultural, scientific or any other objects, if this
action caused the substantial aggravation of the radiation environment, damage
to the health of people, mass destruction of the world of animals and plants
and other grave results, shall be punished by a penalty equal to from 100 to
360 times the daily salary or the deprivation of liberty for a period of up
to five years, the deprivation of the right to hold any position or conduct
any activity for a period of up to three years or without this.
Art. 307. Infringement on the rules for handling of the substances and remains
dangerous for the environment
- Infringement on the rules for handling of radioactive, bacteriological,
chemical or other substances and remains dangerous for the environment when
producing, transporting, placing, storing, burying or applying them, if such
an action created the danger for substantial damage to the health of people
and to the environment by negligence, shall be punished by a penalty equaling
the daily salary or the deprivation of liberty for a period of up to two years.
- The same action, which caused polluting, poisoning or infecting the environment,
damaging the health of people or the mass destruction of the world of animals
and plants by negligence, as well as the same action committed during an emergency
ecological state or within the area of ecological mishap shall be punished
by the deprivation of liberty for a period of from three to five years.
- The action, stipulated by Par.1 and 2 of this Article, which caused mass
destruction of human life or mass infection of people, shall be punished by
the deprivation of liberty for a period of up to eight years.
Art. 308. Infringement on the safety rules for handling of microbiological
or other biological agents and toxins
- Infringement on the safety rules for handling of microbiological or other
biological agents and toxins, if it caused the damage to health, spread of
epidemic or epizootic or any other grave results for the environment, shall
be punished by a penalty equal to from 70 to 360 times the daily salary or
the deprivation of liberty for a period of up to three years, the deprivation
of the right to hold any position or conduct any activity for a period of
up to three years or without this.
- The same action, if it caused the destruction of human life by negligence,
shall be punished by the deprivation of liberty for a period of from two to
five years, the deprivation of the right to hold any position or conduct any
activity for a period of up to three years.
Art. 309. Infringement on veterinarian rules and the rules for fighting against
plant illnesses and parasites
- Infringement on veterinarian rules that intentionally or by negligence
caused the spread of epizootic or any other grave results, shall be punished
by a penalty equal to from 50 to 360 times the daily salary or the correctional
work for a period of up to one year, or the deprivation of liberty for a period
of up to two years.
- Infringement on the rules for fighting against plant illnesses and parasites
that caused grave results by negligence shall be punished by a penalty equal
to from 300 to 500 times the minimum wage or the correctional work for a period
of up to one year, or the deprivation of liberty for a period of up to two
years.
Art. 310. Infringement on the rules for the use of water
Arbitrary seizure of water or arbitrary conduct of hydrotechnical activities
in the area of irrigated agriculture on the common network, as well as the infringement
on the rules for the use of water within the area mentioned above, if this action
caused a substantial damage, shall be punished by a penalty equal to from 30
to 360 times the daily salary or the correctional work for a period of up to
one year, the deprivation of the right to hold any position or conduct any activity
or without this.
Art. 311. Pollution of water
- Pollution, drainage of the bodies of water or other negative influences
that can damage to health of population, reduce the supply of fish, aggravate
the conditions of water supply and cause the aggravation of physical, chemical
and biological features of water, reduction of the ability of natural self-cleaning
and infringement on hydrological and hydro-geological regulations of water,
shall be punished by a penalty equal to from 30 to 360 times the daily salary
or the correctional work for a period of up to one year, or the deprivation
of liberty for a period of up to one year, with or without the deprivation
of the right to hold any position or conduct any activity for a period of
up to three years.
- The same action, which caused the damage to health or mass destruction
of the world of animals and plants, or committed within the territory of state
nature reserves or in the state of ecological emergency or in the area of
ecological mishap, shall be punished by a penalty equal to from 70 to 360
times the daily salary or the correctional work for a period of up to two
years, or the deprivation of liberty for a period of up to three years.
- The action, prescribed by Par. 1 and 2 of this Article, if it caused
the destruction of human life or other grave results, shall be punished by
the imprisonment for a period of up to four months or the deprivation of liberty
for a period of from two to five years.
Art. 312. Pollution of the sea
- Illegal discarding of substances hazardous for health and maritime natural
resources from land, ships, other vessels, aircraft, platforms or other structures
artificially erected in the sea, as well as polluting the sea by violating
the rules for burying these substances by negligence, that endangers the health
or fish or animals of the sea or hinders the lawful use of the sea, shall
be punished by a penalty equal to from 30 to 360 times the daily salary or
the correctional work for a period of up to one year, with or without the
deprivation of the right to hold any position or conduct any activity for
a period of up to three years.
- The same action, if it intentionally or by negligence caused substantial
damage to health, the world of plants, the supply of fish or other aquatic
organisms, and resting areas or other favors protected by law, shall be punished
by a penalty equal to from 150 to 360 times the daily salary or the correctional
work for a period of up to two years, or the deprivation of liberty for a
period of up to three years with the deprivation of the right to hold any
position or conduct any activity for a period of up to three years.
- The action, prescribed by Par.1 and 2 of this Article, if it caused the
destruction of human life by negligence, shall be punished by the deprivation
of liberty for a period of from two to five years.
Art. 313. Failure to notify of discarding substances or other remains and materials
hazardous for health and live resources of the sea by the officials who are
responsible for this notification
Failure to notify the nearest port administration of the event that within
the scope of internal maritime and territorial waters of Georgia the substances
hazardous for health and live resources of the sea or the mixtures, which contain
such substances beyond the determined standards, are being planned to be discarded
or have been discarded or lost due to extreme necessity, and also failure to
notify the organization permitting to discard such substances of the event of
discarding them for the purpose of burying, by the officials of ships or other
vessels, aircraft, platforms or artificial structures erected in the sea, who
are responsible for such a notification, or discarding of other remains and
materials, which can damage resting areas or hinder other lawful measures of
use of the sea, or failure to notify the nearest port administration of the
event that substances, mixtures, remains and materials mentioned above are being
planned to be discarded or have been discarded into high seas due to extreme
necessity, and also failure to notify the organization permitting to discard
such substances of the event of discarding them for the purpose of burying,
by the officials of ships or other vessels, aircraft, platforms or artificial
structures erected in high seas, who are responsible for such a notification,
-
shall be punished by a penalty equal to from 50 to 360 times the daily salary
or the correctional work for a period of up to one year, with or without the
deprivation of the right to hold any position or conduct any activity for a
period of up three years.
Art. 314. Pollution of atmosphere
- Infringement on the rules for spraying the substances polluting the atmosphere
or for exploiting cleansing devices, structures or other objects, if this
action caused the substantial aggravation of the quality of atmospheric air,
shall be punished by a penalty equal to from 50 to 360 times the daily salary
or the correctional work for a period of up to one year, or the imprisonment
for a period of up to three months, or the deprivation of liberty for a period
of up to two years, with or without the deprivation of the right to hold any
position or conduct any activity for a period of up three years.
- The same action, if it caused the damage to health by negligence, shall
be punished by a penalty equal to from 50 to 360 times the daily salary or
the correctional work for a period of from one to two years, or the deprivation
of liberty for a period of up to two years.
- The action, prescribed by Par.1 of this Article, if it caused the destruction
of human life by negligence, shall be punished by the deprivation of liberty
for a period of from two to five years.
Art. 315. Infringement on the rules for the legislation of continental shelf,
territorial waters or a special economic zone of Georgia
- Illegal erection of structures on the continental shelf or within territorial
waters of Georgia, in adjoining zones, or around them, or illegal establishment
of the safety zone around the structures or devices of artificial islands
in special economic zones, also the infringement on the rules for constructing,
reconstructing, exploiting, protecting, liquidating or conserving structures,
as well as the safety rules for maritime navigation, shall be punished by
a penalty equal to from 50 to 360 times the daily salary or the correctional
work for a period of from one to two years, with or without the deprivation
of the right to hold any position or conduct any activity for a period of
up three years.
- Investigating, exploring or processing natural resources without the
proper permission of the continental shelf or the special economic zone of
Georgia shall be punished by a penalty equal to from 70 to 360 times the daily
salary or the correctional work for a period of from one to two years, with
the deprivation of the right to hold any position or conduct any activity
for a period of up three years.
Art. 316. Devastation of land
- Poisoning or degrading the land by hazardous substances during entrepreneurial,
economic or other activities or devastating the land in any other way caused
by infringing the rules for storing and applying fertilizers, growth agents,
poisonous chemicals or other dangerous chemical or biological substances or
infringing the rules for treating them during transportation, that caused
damages to health and environment by negligence, shall be punished by a penalty
equal to from 100 to 360 times the daily salary or the correctional work for
a period of up to three years, with or without the deprivation of the right
to hold any position or conduct any activity for a period of up three years.
- The same action, committed in the area of ecological mishap or during
the state of ecological emergency, which caused the devastation of substantial
area of land, shall be punished by the restriction of liberty for a period
of up to three years or the deprivation of liberty for the same period.
- The action, prescribed by Par. 1 and 2 of this Article, which caused
the destruction of human life by negligence, shall be punished by the deprivation
of liberty for a period of from two to five years.
Art. 317. Infringement on the rules for applying and protecting fossils
Infringement on the rules for applying and protecting fossils during designing,
disposing, reconstructing, liquidating, transferring for exploitation or exploiting
mining enterprises or underground structures, and an arbitrary construction
on the places where fossils are located, that caused substantial damages by
negligence, shall be punished by a penalty equal to from 70 to 360 times the
daily salary or the correctional work for a period of up to two years, with
the deprivation of the right to hold any position or conduct any activity for
a period of up three years.
Art. 318. Illegal use of subsurface property
- Illegal use of subsurface property, f it caused substantial damages,
shall be punished by a penalty equal to from 100 to 300 times the minimum
wage or the correctional work for a period of up to one year.
- The same action committed repeatedly shall be punished by a penalty equal
to from 50 to 360 times the daily salary or the correctional work for a period
of up to two years or the deprivation of liberty for the same period.
Art. 319. Illegal obtaining of fish or aquatic organisms
- Illegal obtaining of fish or other aquatic organisms in continental shelves,
territorial waters, in special economic zones or subsurface bodies of water,
that caused substantial damages by negligence, shall be punished by a penalty
equal to from 70 to 360 times the daily salary or the correctional work for
a period of up to one year or the imprisonment for a period of up to four
years.
- The same action committed with respect to the fish and other aquatic
organisms of water entered into the "Red List" of Georgia in state
nature reserves by mechanical transport means, by explosive or poisonous substances
or other means for the mass destruction of fish and aquatic organisms of water,
also during the state of ecological emergency or within the area of ecological
mishap, shall be punished by a penalty equal to from 500 to 700 times the
minimum wage or the correctional work for a period of up to three years, or
the deprivation of liberty for a period of up to three years.
Art. 320. Pollution of bodies of water and infringement on the rules for protection
of the supply of fish
Pollution of rivers, lakes, other bodies of water and springs by dirty waters,
refuse and remains of industrial, agricultural, municipal or other enterprises,
institutions and organizations, that caused or can cause the damage to agricultural
production and supply of fish, as well as conducting explosive activities and
sliding timber by violating the rules determined for the protection of the supply
of fish, shall be punished by a penalty equal to from 70 to 360 times the daily
salary or the correctional work for a period of up to two years, with or without
the deprivation of the right to hold any position or conduct any activity for
a period of up three years.
Art. 321. Illegal hunting
- Hunting without the proper permission or within the prohibited area or
during the prohibited time with prohibited weapons or other means, that caused
the substantial damage shall be punished by a penalty equal to from 70 to
360 times the daily salary or the correctional work for a period of up to
two years, or the imprisonment for a period of up to four months, with or
without the deprivation of the right to hold any position or conduct any activity
for a period of up three years.
- Hunt of the animals and birds entered into the "Red List" of
Georgia or the animals and birds in helpless condition within the state nature
reserves or other protected territories by mechanical transport means or the
means for the mass destruction, as well as in the state of ecological emergency
or within the area of ecological mishap, shall be punished by a penalty equal
to from 100 to 360 times the daily salary or the correctional work for a period
of up to two years, or the deprivation of liberty for a period of up to three
years, with the deprivation of the right to hold any position or conduct any
activity for a period of up three years.
Art. 322. Destruction of whereabouts of wild animals and plants being in danger
and entered into the "Red List" of Georgia
- Destruction of the area of natural habitats and propagation of wild animals
and plants being in danger and entered into the "Red List" of Georgia,
or the wrong application of the areas where the plants, entered into the "Red
List" of Georgia, naturally grow, and that created the danger for the
extinction of animals and plants in these areas by negligence, shall be punished
by a penalty equal to from 150 to 360 times the daily salary or the restriction
of liberty for a period of up to three years, or the deprivation of liberty
for the same period, with the deprivation of the right to hold any position
or conduct any activity for a period of up three years.
- The same action, that caused the extinction of wild animals and plants
being in danger and entered into the "Red List" of Georgia by negligence,
shall be punished by a penalty equal to from 200 to 360 times the daily salary
or the imprisonment for a period of from three to six months, or the deprivation
of liberty for a period of up to five years, with the deprivation of the right
to hold any position or conduct any activity for a period of up three years.
Art. 323. Illegal removal of trees and bushes
- Illegal removal of trees and bushes, if it caused substantial damage
by negligence, shall be punished by a penalty equal to from 50 to 360 times
the daily salary or the correctional work for a period of up to one year,
or the deprivation of liberty for the same period.
- The same action committed repeatedly and that caused substantial damages
by negligence shall be punished by a penalty equal to from 70 to 360 times
the daily salary or the correctional work for a period of up to two years,
or the deprivation of liberty for the same period.
Art. 324. Destruction and damage of forests
- Destroying and damaging of forests and plantings, which is caused by
negligent handling of fire or highly dangerous sources of power, and polluting
them with remains or hazardous substances, shall be punished by a penalty
equal to from 70 to 360 times the daily salary or the correctional work for
a period of up to two years, or the deprivation of liberty for the same period.
- Destruction and damage of forests and plantings by setting them on fire
or using universally dangerous means shall be punished by the deprivation
of liberty for a period of from three to eight years.
Art. 325. Violation of the regulations for the protected areas
Violation of the regulations for the state nature reserves, national parks,
natural monuments, protected landscapes or other territories protected by the
state, that caused substantial damages by negligence, shall be punished by a
penalty equal to from 200 to 360 times the daily salary or the correctional
work for a period of up to two years, or the deprivation of liberty for a period
of up to two years, with the deprivation of the right to hold any position or
conduct any activity for a period of up three years.
PART 11
CRIME AGAINST THE STATE
CHAPTER
Crime Against Constitutional Structure And Security Of Georgia
Art. 326. Crime of High Treason
Crimes of High Treason are: violation of territorial integrity of Georgia (Article
312), unconstitutional treaty or negotiation (Article 313), violation of national
security of Georgia (Article 314), joining foreign intelligence service (Article
311), interference with the ability of Georgia to defend itself (Article 314),
disclosure of state secret (Article 313), spying (Article 314), sabotage (Article
314), assistance to a foreign country, foreign organization or organization
being under the control of a foreign country in antagonistic activities (Article
322) in the event any of these actions was committed by a citizen of Georgia
or by a permanent resident of Georgia without citizenship.
Art. 327. Violation of Territorial Integrity of Georgia
- Any action committed against the state of Georgia for the purpose of
acquisition of the whole territory or separation of part of the territory
of Georgia shall be punished by the deprivation of liberty for a period of
from five to fifteen years.
- The same action if it was followed by loss of territory or by other grave
consequences shall be punished by the deprivation of liberty for a period
of from eight to twenty years or by the deprivation of liberty for undefined
period of time.
Art. 328.Unconstitutional Treaty of Negotiation
- An unconstitutional treaty or negotiation with foreign country, foreign
organization or their representative concerning a restriction of the sovereignty
of Georgia or for the purpose of infliction of other kind of damage upon its
independence shall be punished by the deprivation of liberty for a period
of from three to ten years with the deprivation of right to hold some position
or conduct some activities for a period up to three years.
- An unconstitutional treaty with a country state or organization on behalf
of Georgia that restricts the independence or sovereignty of Georgia or creates
a danger to the peaceful relations of Georgia with foreign countries, or entrusting
other individual to sign such a treaty shall be punished by the deprivation
of liberty for a period of from five to fifteen years with the deprivation
of right to hold some position or conduct some activities for a period up
to five years.
Art. 329. Violation of Foreign Security
- Cooperation with military service of a foreign country or foreign organization
by abusing the national security of Georgia, or compelling other person to
be involved in such activities shall be punished by the deprivation of liberty
for a period of from two to eight years.
- Cooperation with a foreign country or foreign organization for the purpose
of preparation of an assault or other aggressive action against Georgia or
provocation of such action shall be punished by the deprivation of liberty
for a period of from five to twelve years.
- Actions prescribed by first of second section of this article that were
followed by grave consequences shall be punished by the deprivation of liberty
for a period of from eight to fifteen years.
Art. 330. Joining Intelligence Foreign Service
Joining a foreign intelligence service in order to conduct activities against
Georgia shall be punished by the deprivation of liberty for a period of from
eight to fifteen years.
Art. 331. Interference with the Ability of Georgia to Defend Itself
- The illegal transfer of military forces, techniques or other means of
defense to a foreign country, foreign organization or their representative
in order to reduce the ability of Georgia to defend itself shall be punished
by the deprivation of liberty for a period of from five to ten years.
- The devastation or damage of the military techniques or military facilities
of Georgia or interference with the activities of a military enterprise, agency,
organization or service for the same purpose shall be punished by the deprivation
of liberty for a period of from eight to fifteen years.
- Actions prescribed by first or second section of this article committed
during war or military conflict, if they were followed by human casualty or
other grave consequences shall be punished by the deprivation of liberty for
a period of from ten to twenty years.
Art. 332. Disclosure of State Secret
- Disclosure of a state secret i.e. transfer of a state secret of Georgia
to a foreign country or organization or their representative or the public
disclosure of a state secret for the purpose of damaging the state interests
of Georgia, or other action that makes a state secret of Georgia accessible
to others for the same purpose committed by a person who had access to the
state secret because of his or her professional obligations or other special
conditions shall be punished by the deprivation of liberty for a period of
from five to fifteen years, with the deprivation of right to hold some position
or conduct some activities for a period up to three years.
- The same action committed during a war that was followed by grave consequences
shall be punished by the deprivation of liberty for a period of from eight
to twenty years with the deprivation of right to hold some position or conduct
some activities for the period up to five years.
Art. 333. Spying
- The transfer of document, subject or any other data containing a state
secret of Georgia to a foreign country, foreign organization or their representative
or compiling, storing, liquidation, or theft of such a document for the same
purpose, or compiling or transfer of such data that do not contain state secret
upon the request of foreign intelligence service shall be punished by the
deprivation of liberty for a period of from five to ten years.
- Spying committed during war or armed conflict that was followed by grave
consequences damaging the interests of Georgia shall be punished by the deprivation
of liberty for a period of from eight to twenty years.
Art. 334. Rebellion or Conspiracy for the Purpose of Transformation of Constitutional
Order
- Conspiracy to forcibly transform the constitutional order of Georgia
shall be punished by the deprivation of liberty for a period up to five years.
- Rebellion for the purpose of transformation of the constitutional order
of Georgia shall be punished by the deprivation of liberty for a period of
from seven to fifteen years.
- Action considered by the second section of this article that by negligence
was followed by death shall be punished by the deprivation of liberty for
a period of from eight to twenty years.
Art. 335. Illegal seizure of Military Power or Disobedience to Legitimate Government
- Illegal take over of military power shall be punished by the deprivation
of liberty for a period of from three to eight years.
- Illegal transfer or shift of dislocation of military forces or techniques
or any other form of disobedience to legitimate government shall be punished
by the deprivation of liberty for a period of from two to ten years.
- Actions prescribed by the first of second section of this article committed
during war, armed conflict, martial law or mass disorder also in the event
they were followed by grave consequences shall be punished by the deprivation
of liberty for a period of from five to fifteen years.
Art. 336. Exhortation to Transform the Constitutional Structure or to Seize
State Government
Public exhortation for the forcible transformation of the constitutional structure
or seizure of the state government of Georgia, dissemination of material containing
such appeal, or exhortation for armament for the same purpose shall be punished
by a penalty equal to from 100 to 360 times the daily salary or by the deprivation
of liberty for a period up to three years.
Art. 337. Sabotage
- Interference with the normal functioning of the state or another agency,
organization, enterprise or service for the purpose of weakening the State
of Georgia shall be punished by the deprivation of liberty for a period up
to three years.
- Infliction of damage or the devastation of an enterprise, transportation
facility, media or communication agency, roads, buildings, techniques, document,
strategic raw materials in large quantity, or interference with the activities
of a publicly important organization or agency, or devastation or infliction
of damage upon an agency that is necessary for the protection of public security
or order shall be punished by the deprivation of liberty for a period of from
three to ten years.
- The action covered by the second section of this article committed by
explosion, burning or other universally dangerous mean, or destruction of
a nuclear power plant, or dissemination of epidemic or episodic disease, mass
poisoning or other kind of action for the purpose of mass destruction shall
be punished by the deprivation of liberty for a period of from eight to twenty
years.
Art. 338. Assistance in Antagonistic Activities of a Foreign Country, Foreign
Organization or Organization Under the Control of a Foreign Government
Assistance to a foreign country, foreign organization or organization under
the control of a foreign government in activities that are conducted for the
purpose of violating of the state interests of Georgia, in the event that there
are no results prescribed by Articles 327,329-333, 337 shall be punished by
the deprivation of liberty for a period of from five to fifteen years.
Art. 339. Disclosure of a State Secret
- Disclosure of a state secret by a person who had been obliged to keep
it in secrecy or who had been informed about the secret by virtue of his or
her professional duties if there are no results prescribed by articles 332
or 333 shall be punished by the deprivation of liberty for a period up to
five years, with the deprivation of right to hold some position or conduct
some activities for a period up to three years.
- The same action, if it by negligence inflicted serious damage upon the
interests of Georgia shall be punished by the deprivation of liberty for a
period of from five to eight years with the deprivation of right to hold some
position or conduct some activities for a period up to three years.
Art. 340. Violation of the Rules of the Protection of State Secret
- Premeditated or negligent violation of the rules for handling of a subject
or document containing state secret, that caused infliction of damage upon
such subject or document or devastation or loss of such subject or document
shall be punished by the deprivation of liberty for a period up to three years
with the deprivation of right to hold some position or conduct some activities
for a period up to three years.
- The same action, if it by negligence was followed by disclosure of state
secret or by other grave consequences shall be punished by the deprivation
of liberty for a period of from two to six years with the deprivation of right
to hold some position or conduct some activities for a period up to three
years.
Art. 341. Substantial Repentance for State Crime
The person, who committed crimes prescribed by articles 327, 330, Par. One
of articles 333-335 will be released from criminal liability in the event he
or she deliberately and promptly informed state agencies about it such that
it allowed the avoidance of the expected danger to state interests.
CHAPTER
Crime Committed By A Public Servant
Art. 342. Abuse of Authority
- Abuse of authority by public servant against official requirements or
for gaining profits or preferences from others, if this action caused substantial
violation of legal interests of a physical or legal body or interests of the
public or the state shall be punished by a penalty equal to from 150 to 360
times the daily salary, or by imprisonment for a period of up to four months
or by the deprivation of liberty for a period up to three years with the deprivation
of right to hold some position or conduct come activities for a period up
to three years.
- The same action committed by public servant holding high position shall
be punished by a penalty equal to from 250 to 360 times the minimum wage or
by the deprivation of liberty for a period up to five years with the deprivation
of right to hold some position or conduct come activities for a period up
to three years.
Art. 343. Excess of Power
- Flagrant acts in excess of power by public servant if it caused substantial
violation of the rights of a physical or legal body or state interests by
negligence shall be punished by a penalty equal to from 150 to 360 times the
daily salary, or by imprisonment for a period of up to four months or by the
deprivation of liberty for a period up to three years with the deprivation
of right to hold some position or conduct some activities for a period up
to five years.
- The same action committed by public servant holding high position shall
be punished by a penalty equal to from 250 to 360 times the daily salary or
by the deprivation of liberty for a period up to five years with the deprivation
of right to hold some position or conduct some activities for a period up
to five years.
- Actions prescribed by the first of second section of this article committed
repeatedly, violently, by the use of a weapon, by abuse of the dignity of
a victim that negligently caused grave consequences shall be punished by the
deprivation of liberty for a period of from three to eight years, with the
deprivation of right to hold some position or implement some activities for
a period up to five years.
Art. 344. Illegal Release of Suspected or Accused Individual from Criminal
Liability
Illegal release of a suspected or accused individual from criminal liability
shall be punished by the deprivation of liberty for a period up to four years
with the deprivation of right to hold some position or conduct some activities
for a period up to three years.
Art. 345. Compelled Testimony
- Compelling a suspected individual, aggrieved party or witness to testify
or compelling an expert to give a conclusion by prosecutor, investigator or
inquirer shall be punished by the deprivation of liberty for a period up to
three years.
- Same action committed with violence or torture shall be punished by the
deprivation of liberty for a period of from two to eight years.
Art. 346. Illegal Verdict, Decision or other Act issued by Court or a Judge
- Premeditated issuance of illegal verdict, decision or other act by judge
or court shall be punished by a penalty equal to from 250 to 360 times the
daily salary or by the deprivation of liberty for a period up to five years
with the deprivation of right to hold some position or conduct some activities
for a period of up to three years.
- Same action if it refers to the illegal decision of a judge concerning
the deprivation of liberty or caused other grave consequences shall be punished
by the deprivation of liberty for a period of from three to ten years, with
the deprivation of right to hold some position or conduct some activities
for a period up to three years.
Art. 347. Illegal Participation in Entrepreneurial Activities
Establishment of enterprise personally or by the means of other person by public
servant or participation in directing enterprise regardless of the prohibition
established by law, if it caused illegal advantage or other form of protection
of this enterprise shall be punished by the restriction of liberty for a period
of from two to three years or by the deprivation of right to hold some position
or conduct some activities for a period up to five years or by the deprivation
of liberty for a period up to five years.
Art. 348. Acceptance of a Bribe
- Acceptance of a bribe in the form of money, securities or other property
by a public servant personally or by the way of another individual for the
implementation or non-implementation of activities that can be implemented
by the public servant due to his or her professional authority; or protection
of bribe taker due to his or her professional authority shall be punished
by the deprivation of liberty for a period of from five to ten years.
- Acceptance of a bribe by the public servant holding high position or
in large amount shall be punished by the deprivation of liberty for a period
of from six to twelve years.
- Actions prescribed by the first or second section of this Article committed:
- by a person who had been convicted of bribery;
- repeatedly;
- by defalcation of a bribe;
- by a group of individuals;
- in an especially large amount;
- by judges, investigators and prosecutors
shall be punished by the deprivation of liberty for a period of from eight
to fifteen years.
Note: Bribe is deemed to be of large amount if the sum of money, securities,
or other property exceeds
. laris; especially large amount - if it
exceeds
laris.
Art. 349. Giving of a Bribe
- Bribing a public servant personally or by means of a mediator shall be
punished by a penalty equal up to 360 times the daily salary, or by labor
in the work camp for a period of up to two years, or by imprisonment for a
period of up to three months, or by the deprivation of liberty for a period
up to two years.
- Bribing of a public servant for the commission of an illegal action shall
be punished by a penalty equal to from 250 to 360 times the daily salary or
by the deprivation of liberty for a period up to eight years.
Note: Giver of bribe will be released from criminal liability if the public
servant coerced him or her to give the bribe, or the bribe taker deliberately
informed a law enforcement agency about the fact of bribery.
Art. 350. Professional Falsehood
Professional falsehood i.e. false data entry on an official document or register,
compiling or issuance of a false document, or falsification of an official or
private document concerning the activities of an enterprise or other organization,
if this action was committed for greed or other personal motive shall be punished
by a penalty equal to from 50 to
times the daily salary, or by the deprivation
of liberty for a period up to two years.
Art. 351. Falsification of Proof by Participant of Legal Proceeding
- Falsification of proof in criminal proceedings by inquirer, investigator
or prosecutor shall be punished by the deprivation of liberty for a period
up to three years with the deprivation of right to hold some position or conduct
some activities for a period up to three years.
- Falsification of proof in the event of a case of grave or especially
grave crime or falsification of proof if it was followed by grave consequences
shall be punished by the deprivation of liberty for a period of three to seven
years, the deprivation of the right to hold any position or conduct any activity
for a period of up to three years.
Art. 352. Negligence in an official capacity
- If a negligent action, i.e. failure to perform or improperly perform
official duties by officials due to their negligence, causes substantial infringement
of rights and legal interests of physical and legal persons, society or state,
officials shall be punished by a penalty equal to from 200 to 500 times the
minimum wage, or imprisoned for a period of up to six months, or deprived
of liberty for a period of up to two years.
- The same action if it results in a person's death or in other grave circumstances
by negligence shall be punished by the deprivation of liberty for a period
of up to four years.
CHAPTER 2
The Crime Against The Rule Of Government
Art. 353. Abuse of the Coat of Arms and the Flag of Georgia
Abuse of the Coat of Arms and the Flag of Georgia shall be punished by restriction
of liberty for a period of up to two years or by imprisonment for a period of
three to six months, or by the deprivation of liberty for a period of up to
two years.
Art. 354. Illegal crossing of the state frontier of Georgia
- Illegal crossing of the state frontier of Georgia shall be punished by
a penalty equal up to 360 times the daily salary, or by the deprivation of
liberty for a period of up to two years.
- The same action committed by a group of people, or by violence or the
threat of violence shall be punished by the deprivation of liberty for a period
of up to five years.
Note: This Article does not affect the aliens moved to Georgia and stateless
persons who seek asylum from the Government pursuant to the Constitution of
Georgia, if there are no features of crime in their actions.
Art. 355. Illegal alteration of the state frontier of Georgia
- Removal, dislocation or destruction of a frontier sign for the purpose
of illegal alteration of the frontier of Georgia shall be punished by the
deprivation of liberty for a period of up to four years.
- The same action, committed by a group of people, by violence or the threat
of violence, repeatedly, or which caused grave results by negligence, shall
be punished by the deprivation of liberty for a period of up to eight years.
Art. 356. Illegal raise of the state banner
Illegal flying of the state flag of Georgia on vessels shall be punished by
a penalty equal to from 30 to 360 times the daily salary, or the deprivation
of liberty for a period of up to one year.
Art. 357. Violation of the procedures for assembly and demonstration
The violation of the procedures for assembly and demonstration by the organizer
of this action, if the violation caused grave results by negligence, shall be
punished by a penalty equal to from 50 to 360 times the daily salary, or restriction
of liberty for a period of up to two years, or the correctional work for a period
of up to one year.
Art. 358. Violation of the procedures for strike
Violation of the procedures for strike by an organizer of the strike, if the
violation caused grave results by negligence, shall be punished by a penalty
equal up to the minimum wage, or restriction of liberty for a period of up to
two years, or the correctional work for a period of up to one year.
Art. 359. Providing the temporary Investigation Commission of the Parliament
of Georgia with a false explanation
Providing the temporary Investigation Commission of the Parliament of Georgia
with a false explanation or evading appearance before the Commission shall be
punished by a penalty equal to from 70 to 360 times the daily salary or the
labor beneficial to society for a period of 180 to 240 hours or the deprivation
of the right to hold any position or conduct any activity for a period of up
to five years, or imprisonment for a period of up to two months.
Art. 360. Disclosure of the data of the temporary Investigation Commission
of the Parliament of Georgia
Disclosure of the data of the temporary Investigation Commission of the Parliament
of Georgia without proper permission shall be punished by a penalty equal up
to the minimum wage, or correctional work for a period of up to one year, or
imprisonment for a period of two to four months.
Art. 361. Insulting the President or State and Political officials
- Insulting the President and state and political officials with regard
to their activity shall be punished by a penalty equal to from 30 to 360 times
the daily salary or the labor beneficial to society for a period of 100 to
150 hours or the deprivation of liberty for a period of up to one year.
- Insulting through widespread works of literature, the media or public
announcement in different ways, or by those who have been convicted for slandering
or insulting, shall be punished by a penalty equal to from 100 to 360 times
the daily salary or the labor beneficial to society for a period of 150 to
240 hours or the deprivation of liberty for a period of up to three years.
Art. 362. Influencing the Public Defender
- Influencing the Public Defender in any form for the purpose of preventing
him from carrying out his activity shall be punished by a penalty equal to
from 30 to 360 times the daily salary, or correctional work for a period of
one to two years, or restriction of liberty for a period of up to two years,
or imprisonment for a period of up to three months.
- The same action committed by abusing official power shall be punished
by the deprivation of liberty for a period of up to two years, with or without
the deprivation of the right to hold any position or conduct any activity
for a period of up to three years.
Art. 351. Resistance, threat or violence with respect to the representatives
of the government or other defenders of public order
- Resistance with respect to policemen or other representatives of the
government or their relatives/friends/acquaintances for the purpose of preventing
them from defending public order, disrupting or altering their activity or
forcing them to commit an obvious unlawful action by violence or threat of
violence shall be punished by a penalty equal to from 200 to 400 times the
minimum wage or restriction of liberty for a period of up to three years and
the deprivation of liberty for a period of up to five years.
- The same action committed by a group of people by a prior agreement shall
be punished by imprisonment for a period of four to six months or the deprivation
of liberty for a period of up to seven years.
Art. 352. Insulting a policeman or other representatives of the government
defending the public order
Publicly insulting a policeman or other representatives of the government when
defending public order, or with regard to that, shall be punished by a penalty
equal to 100 times the minimum wage or the labor beneficial to society for a
period of 180 to 200 hours, or the deprivation of liberty for a period of up
to one year.
Art. 353. Disclosure of information concerning measures for the protection
of officials of law enforcement or controlling bodies
- Disclosure of information concerning measures for the protection of officials
of law enforcement or controlling bodies or their relatives/friends/acquaintances
for the purpose of preventing them from executing their official duties shall
be punished by a penalty equal to from 200 to 400 times the minimum wage or
imprisonment for a period of up to four months.
- The same action if it causes grave results because of negligence shall
be punished by the deprivation of liberty for a period of up to five years.
Note: According to Articles 347-349 representatives of the government are
the officials of law enforcement, controlling or other agencies, who pursuant
to the procedures provided by law shall exercise the ordering authority with
respect to those who are not in official relations with them.
Art. 354. Evading military or alternative service
- Evading military service by conscripts shall be punished by a penalty
equal up to the minimum wage or imprisonment for a period of three to six
months or the deprivation of liberty for a period of up to two years.
- Evading alternative service by conscripts shall be punished by a penalty
equal up to the minimum wage or the labor beneficial to society for a period
of 180 to 200 hours or imprisonment for a period of three to six months.
- The action, stipulated by Par. 1 and 2 of this Article, committed during
wartime or the state of emergency shall be punished by the deprivation of
liberty for a period of up to five years.
Art. 355. Evading recruitment for training or examination by persons subject
to call-up
- Evading recruitment for training or examination by persons subject to
call-up shall be punished by a penalty equal up to the minimum wage and the
labor beneficial to society for a period of 180 to 220 hours, or imprisonment
for a period of two to four months.
- The same action committed during wartime or the state of emergency shall
be punished by the deprivation of liberty for a period of up to five years.
Art. 356. Evading recruitment by mobilization
Evading recruitment by mobilization for defending Georgia shall be punished
by the deprivation of liberty for a period of from three to eight years.
Art. 357. Evading compulsory military service or payment of taxes during a
wartime
Evading labor mobilization or a compulsory military service and payment of
taxes during a wartime shall be punished by a penalty equal to from 150 to 360
times the daily salary or the correctional work for a period of up to two years
or the deprivation of liberty for a period of from one to five years.
Art. 358. Arbitrariness
- Arbitrariness, i.e. exercising a right, truly conferred to someone, contrary
to determined procedures, which caused substantial damage because of negligence
shall be punished by a penalty equal to from 100 to 200 times the minimum
wage or the labor beneficial to society for a period of 180 to 200 hours,
or correctional work for a period of one to two years, or imprisonment for
a period of four to six months.
- The same action, if it was accompanied by violence or the threat of violence,
shall be punished by restriction of liberty for a period of up to three years
or imprisonment for a period of four to six months, or the deprivation of
liberty for a period of up to four years.
Art. 359. Purchase and sale of an official document or state reward
Purchase or sale of an official document or the state award conferring some
rights on a person or exempting him from some duties, for the purpose of gaining
some profit, shall be punished by a penalty equal up to the minimum wage or
imprisonment for a period of up to three months.
Art. 360. Preparing a false document, stamp, seal or form for the purpose of
applying them
- Applying and preparing a false identification card or any other official
document, seal, stamp or form for the purpose of applying them shall be punished
by a penalty equal up to the minimum wage or imprisonment for a period of
up to six months.
- The same action committed repeatedly, or if it caused substantive damage
because of negligence, shall be punished by restriction of liberty for a period
of up to three years or the deprivation of liberty for a period of up to two
years.
Art. 361. Unlawful appropriation or damage of a document, form, seal or stamp
- Unlawful appropriation, concealment, destruction or damage of a document,
form, seal or stamp committed to gain profit or for a personal motive shall
be punished by a penalty equal up to the minimum wage or restriction of liberty
for a period of up to two years.
- Stealing an identification card or other important personal documents
of citizens shall be punished by a penalty equal up to the minimum wage or
the deprivation of liberty for a period of up to one year.
PART 12
THE CRIME AGAINST JUDICIARY
CHAPTER 4
The Crime Against Judicial Agencies
Art. 362. Interference with administration of justice and preliminary investigation
- Illegal interference with court activities in different ways for the
purpose of exerting influence on the implementation of legal proceedings shall
be punished by a penalty equal to from 100 to 360 times the daily salary or
imprisonment for a period of up to six months, or the deprivation of liberty
for a period of up to two years.
- Interference with the activity of prosecutors, investigators or inquirers
for the purpose of preventing them from comprehensive, perfect and objective
investigation of a case shall be punished by a penalty equal to from 50 to
200 times the daily salary or the labor beneficial to society for a period
of 180 to 240 hours, or imprisonment for a period of up to four months.
- The action, stipulated by Par. 1 and 2 of this article, committed by
abusing official power shall be punished by a penalty equal to from 150 to
360 times the daily salary or the deprivation of liberty for a period of up
to four years, with or without the deprivation of the right to hold any position
or conduct any activity for a period of up to three years.
Art. 363. Threat or violence with regard to the implementation of legal proceedings
or preliminary investigation
- A threat to kill, injure, destroy or damage the property of members,
judges, lay judges, other participants of legal proceedings of the Constitutional
Court or their relatives/friends/acquaintances with regard to the consideration
of a case or materials in the court, shall be punished by a penalty equal
to from 100 to 360 times the daily salary or the deprivation of liberty for
a period of up to three years.
- The same action committed with respect to prosecutors, investigators,
inquirers, defense attorneys, experts, court policemen, enforcers of judgements
as well as their close relatives with regard to inquiry, preliminary investigation,
consideration of a case or materials in court, or enforcement of sentences,
judgements or other acts of the court, shall be punished by a penalty equal
to from 150 to 360 times the daily salary or imprisonment for a period of
three to six months, or the deprivation of liberty for a period of up to two
years.
- The action, stipulated by Par. 1 and 2 of this Article, committed by
violence and which is not dangerous for life or health of people, shall be
punished by the deprivation of liberty for a period of up to five years.
- The action, stipulated by Par. 1 and 2 of this Article, committed by
violence and which endangers life and health of people shall be punished by
the deprivation of liberty for a period of five to ten years.
Art. 362. Disrespect to the court
- Disrespect to the court implying an insult to participants in legal proceedings
shall be punished by a penalty equal to from 50 to 150 times the daily salary
or the labor beneficial to society for a period of from 180 to 240 hours,
or imprisonment for a period of from two to four months.
- The same action implying an insult to members, judges, lay judges or
other participants of legal proceedings of the Constitutional Court shall
be punished by a penalty equal to from 100 to 250 times the daily salary or
correctional work for a period of one to two years, or imprisonment for a
period of from three to six months.
Art. 363. Slandering members, judges, lay judges, prosecutors, investigators,
inquirers, court policemen, and enforcers of judgement of the Constitutional
Court
- Slandering the members, judges, lay judges or other participants in legal
proceedings of the Constitutional Court with regard to the consideration of
a case or materials shall be punished by a penalty equal to from 50 to 360
times the daily salary or the correctional work for a period of one to two
years, or imprisonment for a period of three to six months, or the deprivation
of liberty for a period of up to two years.
- The same action committed with respect to prosecutors, investigators,
inquirers, court policemen and enforcers of judgements regarding the inquiry,
preliminary investigation, and enforcement of sentences, judgements or other
acts of the court shall be punished by a penalty equal to from 100 to 360
times the daily salary or the correctional work for a period of up to two
years, or imprisonment for a period of three to six months, or the deprivation
of liberty for a period of up to two years.
- The action stipulated by Par. 1 and 2 of this Article if it is supplemented
with the accusation of grave or especially grave crime shall be punished by
the deprivation of liberty for a period of up to four years.
Art. 364. Disclosure of the information on security measures applied with respect
to members, judges and other participants of legal and criminal proceedings
of the Constitutional court
- Disclosure of information on the secrecy of security measures applied
with respect to members, judges, lay judges or other participants of the administration
of justice, court policemen, enforcers of judgements, aggrieved parties, witnesses,
other participants of criminal proceedings at the Constitutional Court, as
well as their relatives/friends/ acquaintances by those, who were entrusted
the secrecy, shall be punished by a penalty equal to from 50 to 200 times
the daily salary, restriction of liberty for a period of up to two years or
imprisonment for a period of up to four months.
- If the same action, committed negligently, caused grave results shall
be punished by the deprivation of liberty for a period of up to five years.
CHAPTER 5
The Crime Against The Procedures For Obtaining Evidence
Art. 365. Destruction of evidences
Destruction of evidences by participants of legal proceedings shall be punished
by a penalty equal to from 100 to 360 times the daily salary or the deprivation
of liberty for a period of up to two years with the deprivation of the right
to hold any position or conduct any activity for a period of up to three years.
Art. 365. Falsification of evidences
- Falsification of evidences by participants of a civil case or their representatives
shall be punished by a penalty equal to from 50 to 360 times the daily salary
or the correctional work for a period of one to two years, or imprisonment
for a period of two to four months.
- Falsification of evidence by defense attorneys for criminal cases shall
be punished by the deprivation of liberty for a period of up to three years
with the deprivation of the right to hold any position or conduct any activity
for a period of up to three years.
- Falsification of the evidence for grave or especially grave crimes of
the criminal case, as well as falsification of the evidence, which caused
grave results because of negligence shall be punished by the deprivation of
liberty for a period of three to seven years, with the deprivation of the
right to hold any position or conduct any activity for a period of up to three
years.
Art. 366. False testimony, incorrect conclusion of experts or incorrect translation
- False testimony or the intentionally incorrect conclusion of experts
and intentionally incorrect translations in a court or during preliminary
investigations shall be punished by a penalty equal up to 200 times the daily
salary or the labor beneficial to society for a period of 180 to 240 hours,
or the correctional work for a period of up to two years, or imprisonment
for a period of up to three months.
- The same action, if it is supplemented with the accusation of grave or
especially grave crime, shall be punished by a penalty equal to from 150 to
360 times the daily salary or the deprivation of liberty for a period of up
to five years.
Note: Witnesses, aggrieved parties, experts and translators shall be relieved
of criminal liability if they voluntarily admit their false testimonies, intentionally
incorrect conclusions or intentionally incorrect translations in the process
of inquiry or preliminary investigation, before the act of a judge or other
acts of the court have been issued.
Art. 367. Refusal to testify by witnesses or aggrieved parties
Refusal to testify by witnesses or aggrieved parties shall be punished by a
penalty equal to from 50 to 150 times the daily salary or the labor beneficial
to society for a period of 120 to 180 hours, or the correctional work for a
period of up to one year, or imprisonment for a period of up to three months.
Note: Criminal liability shall not be imposed on those, who refused to give
evidences against themselves or spouses or close relatives.
Art. 368. Bribing and forcing witnesses, aggrieved parties, experts and translators
- Bribing witnesses, aggrieved parties, experts and translators to give
false testimony, incorrect translations or false conclusions shall be punished
by a penalty equal to from 100 to 360 times the daily salary or the labor
beneficial to society for a period of 180 to 240 hours, or the correctional
work for a period of up to two years, or imprisonment for a period of up to
three months, or the deprivation of liberty for a period of up to two years.
- Forcing witnesses, aggrieved parties, experts and translators to give
false testimony, incorrect translations or false conclusions, as well as forcing
them to evade giving a testimony and if this is supplemented with the threat
to kill, use of violence, damage or destruction of property, shall be punished
by a penalty equal to from 150 to 360 times the minimum wage or imprisonment
for a period of three to six months, or the deprivation of liberty for a period
of up to three years.
- The action stipulated by Par. 2 of this Article if it is supplemented
with violence, which is not dangerous for life and health of persons above,
shall be punished by the deprivation of liberty for a period of from three
to seven years.
Art. 369. False squealing on the commission of a crime
- False squealing on the commission of a crime shall be punished by a penalty
equal to from 100 to 360 times the daily salary or the labor beneficial to
society for a period of 180 to 240 hours, or correctional work for a period
of one to two years, or imprisonment for a period of two to four months, or
the deprivation of liberty for a period of up to two years.
- The same action, if it is supplemented with the accusation of grave or
especially grave crime or the artificial creation of the evidence for the
accusation, shall be punished by the deprivation of liberty for a period of
from two to six years.
CHAPTER 6
Action Against The Timely Prevention And Exposure Of A Crime
Art. 371. Disclosure of data of inquiry or preliminary investigation
Disclosure of data of inquiry or preliminary investigation without a prosecutor's,
investigator's or inquirer's consent by those, who have been warned about the
prohibition of its disclosure as prescribed by law, shall be punished by a penalty
equal to from 50 to 150 times the daily salary or the correctional work for
a period of up to two years, or imprisonment for a period of up to three months.
Art. 372. Concealment of a crime
Concealment of an especially grave crime without promising in advance shall
be punished by a penalty equal to from 100 to 360 times the daily salary or
imprisonment for a period of three to six months, or the deprivation of liberty
for a period of up to four years.
Note: The criminal liability shall not be imposed on those who conceal the crime
of spouses or close relatives without promising in advance.
Art. 373. Failure to notify of a crime
Failure to notify of a crime by those who actually are aware of the preparation
of a grave or especially grave crime shall be punished by shall be punished
by a penalty equal to from 50 to 360 times the daily salary or imprisonment
for a period of three to six months, or the deprivation of liberty for a period
of up to three years.
CHAPTER 7
Art. 373. Illegal action with regard to the property inspected, liened or subject
to confiscation
- Squandering, alienation, concealment or illegal conveyance of an inspected
and liened property by those who were entrusted with this property, as well
as implementing bank operations through liened financial means (accounts)
by employees of credit organizations shall be punished by a penalty equal
to from 50 to 200 times the daily salary or the labor beneficial to society
for a period of 180 to 240 hours, or imprisonment for a period of three to
six months, or the deprivation of liberty for a period of up to two years.
- Concealment of the property subject to confiscation according to a court
order, as well as evading the execution of the enforced court order on confiscation
in a different way, shall be punished by a penalty equal to from 100 to 360
times the daily salary or the deprivation of liberty for a period of up to
three years.
Art. 374. Interference with the activity of an institution of pretrial detention
or the deprivation of liberty or disruption of its activity
- Disobedience of lawful demands of employees of an institution of pretrial
detention or the deprivation of liberty, or interference with their activity
in different ways shall be punished by imprisonment for a period of three
to six months or the deprivation of liberty for a period of up to one year.
- Violence with respect to those who were placed in an institution of pretrial
detention or the deprivation of liberty for the purpose of forcing them to
alter or refuse to give a testimony, and for the purpose of preventing convicts
from implementing public duties, shall be punished by the deprivation of liberty
for a period of two to four years.
- Assault on the administration of an institution of pretrial detention
or the deprivation of liberty, creation of criminal groupings with the same
purpose or active participation in such groupings shall be punished by the
deprivation of liberty for a period of four to ten years.
- The action, stipulated by Par. Three of this Article, committed by those
who have been convicted of grave or especially grave crimes, shall be punished
by the deprivation of liberty for a period of eight to fifteen years.
Art. 375. Escaping from a place of the deprivation of liberty, imprisonment,
or during escort
- Escaping from a place of the deprivation of liberty, imprisonment or
during escort shall be punished by the deprivation of liberty for a period
of up to three years.
- The same action, if it is committed by:
- A group of people,
- By violence that is dangerous for life or health or the threat of
violence,
- By application of weapons or other things used as weapons
shall be punished by the deprivation of liberty for a period of up to
eight years.
Art. 376. Evading serving of the sentence by means of the deprivation of liberty
>
Evading serving of a sentence by those convicts, who are allowed to leave the
place of the deprivation of liberty for a short time, shall be punished by the
deprivation of liberty for a period of up to two years.
Art. 377. Failure to execute court sentences, judgements or other acts
Failure to execute enforced court sentences, judgements or other acts, or interference
with their execution by representatives of government, public servants, employees
of local self- government, as well as state or municipal institutions, entrepreneurship
or other organizations, shall be punished by a penalty equal to from 100 to
360 times the daily salary, or the labor beneficial to society for a period
of 180 to 240 hours, or imprisonment for a period of three to six months, or
the deprivation of liberty for a period of up to two years, with the deprivation
of the right to hold any position or conduct any activity for a period of up
to five years
BOOK 13
MILITARY CRIME
CHAPTER 8
The Crime Against Procedures For Subordination And Protection Of A Military Dignity
Art. 378. The concept of a military crime
- The action stipulated by this Book shall be considered as military crime
against procedures of a military service of the Military Forces of Georgia
committed by servicemen who are conscripted to Military Forces of Georgia
or who serve there on the basis of the contract, as well as by reservists
during the military assembly.
- Georgian legislation on Martial law determines the criminal liability
for a military crime during the wartime or martial law.
Art. 379. Failure to execute an order
- Failure to execute an order issued by a commander pursuant to determined
procedures, that substantially undermined the interests of a military service,
shall be punished by official restriction of a military man for a period of
up to two years or by imprisonment for a period of up to six months, or by
placement in a disciplinary military unit for a period of up to two years.
- The same action committed by a group of people, or by a group of people
or an organized group by prior agreement, or if it was followed by grave results
because of negligence, shall be punished by the deprivation of liberty for
a period of up to five years.
- Subordinates failing to execute an order, issued pursuant to the determined
procedures, due to unfaithful/unscrupulous and negligent attitude towards
their job, and if that substantially undermined the interests of a military
service, shall be punished by official restriction for a period of up to one
year or placement in a disciplinary military unit for a period of up to two
years.
Art. 380. Resisting a commander or forcing them to derelict their duties
- Resisting a commander or those who perform the duties imposed by a military
service by violence or the threat of violence, or forcing them to derelict
these duties shall be punished by official restriction for a period of up
to two years or placement in a disciplinary military unit for a period of
up to two years, or the deprivation of liberty for a period of up to five
years.
- The same action committed by a group of people or by prior agreement
by a group of people or an organized group, or by applying weapons, or if
it caused the severe or less severe damage to health or caused other grave
results because of negligence, shall be punished by the deprivation of liberty
for a period of three to eight years.
Art. 381. Violence with respect to a commander
- Beating a commander or using various kinds of violence with respect to
him while executing his official military duties or with regard to execution
of these duties shall be punished by official restriction of a military man
for a period of up to two years or placement in a disciplinary military unit
for a period of up to two years, or the deprivation of liberty for a period
of up to five years.
- The same action committed by a group of people or by prior agreement
by a group of people or an organized group, or by applying weapons, or if
it caused the severe or less severe damage to health or other grave results,
shall be punished by the deprivation of liberty for a period of three to eight
years.
Art. 382. Dereliction of the rules for the relationship between the servicemen
who are not subordinate to each other
- Dereliction of the rules for the relationship between the servicemen,
who are not subordinate to each other by humiliating the respect and dignity
of the aggrieved party or that was done under duress, shall be punished by
placement in a disciplinary military unit for a period of up to two years
or the deprivation of liberty for a period of up to three years.
- The same action committed repeatedly, with respect to two or several
persons, by a group of people or by prior agreement by a group of people or
an organized group, or by applying weapons, or if it caused the less severe
damage to health, shall be punished by the deprivation of liberty for a period
of up to five years.
- The action stipulated by Par. 1 and 2 of this article, that was followed
by grave results because of negligence, shall be punished by the deprivation
of liberty for a period of up to ten years.
Art. 383. Insulting servicemen
- Insulting a service man by another service man when executing his official
military duties or with regard to the execution of these duties shall be punished
by a restriction of military service for a period of up to six months or placement
in a disciplinary military unit for the same period.
- Insulting a commander by a subordinate or a subordinate by a commander,
when executing official military duties or with regard to these duties, shall
be punished by official restriction of servicemen for a period of up to one
year or placement in a disciplinary military unit for the same period.
CHAPTER 9
The Crime Against Procedures Of A Military Service
Art. 384. Arbitrary leaving of a military unit or other places of a military
service
- The arbitrary leaving of a military unit or other places of a military
service, or during dismissal, appointment or reassignment from the unit, as
well as failure to timely appear for the service from an assignment, vacation
or medical facility by conscripted servicemen without valid reasons for a
period of more than two days, but not more than ten days, shall be punished
by imprisonment for a period of up to six months or placement in a disciplinary
military unit for a period of up to one year.
- The same action committed by the servicemen, who are serving the sentence
in a disciplinary military unit, shall be punished by the deprivation of liberty
for a period of up to two years.
- Arbitrary leaving of a military unit or other places of the service or
failure to appear in the service without valid reasons by conscripts or servicemen
being in a military service on the basis of a contract for a period of more
than ten days, but not more than a month, shall be punished by military official
restriction for a period of up to two years or placement in a disciplinary
military unit for the same period or the deprivation of liberty for a period
of up to three years.
- The action stipulated by Par. 3 of this Article committed for a period
of more than a month shall be punished by the deprivation of liberty for a
period of up to five years.
Note: servicemen who commit the action stipulated by this Article for the first
time may be relieved of criminal liability, if the arbitrary leaving of a military
service or other places of the service was caused by grave circumstances.
Art. 385. Desertion
- Desertion, i.e. the arbitrary leaving of a military unit or other places
of the service by servicemen for the purpose of evading military service,
as well as failure to appear for service with the same purpose, shall be punished
by the deprivation of liberty for a period of up to seven years.
- The same action committed by a group of people, by prior agreement by
a group of people or an organized group with weapons entrusted, shall be punished
by the deprivation of liberty for a period of three to ten years.
Note: servicemen, who commit the desertion stipulated by this Article for
the first time, may be relieved of the criminal liability, if desertion was
caused by a combination of grave circumstances.
Art. 386. Evading military service through feigning of illness or other means
- Evading the execution of military duties by servicemen through the self-injury
of the body, feigning of illness, [possible misspelling in the Georgian original]
or application of a false document or other deception, shall be punished by
official restriction of servicemen for a period of up to two years or imprisonment
for a period of up to six months, or placement in a disciplinary military
unit for a period of up to one year.
- The same action committed for the purpose of completely evading the execution
of official military duties shall be punished by the deprivation of liberty
for a period of up to seven years.
Art. 387. Abandoning a warship destined to be wrecked
Abandoning a warship destined to be wrecked by captains, who have not performed
their duties completely, or by members of the crew without the proper order
of a captain, shall be punished by restriction of a military service for a period
of up to two years or placement in a disciplinary military unit for a period
of up to two years, or the deprivation of liberty for a period of up to five
years.
Art. 388. Infringement of the rules for a combat sentry
- Infringement of the rules for a combat sentry (combat service) to timely
reveal and repel a surprise attack on Georgia or to ensure its state security,
if this action damaged or could damage the interests of state security because
of negligence, shall be punished by restriction of military service for a
period of up to two years, or placement in a disciplinary military unit for
a period of up to two years, or the deprivation of liberty for a period of
up to five years,
- The same action if it caused grave results because of negligence shall
be punished by the deprivation of liberty for a period of up to ten years.
- Infringement of the rules for a combat sentry (combat service) by negligence
or an unscrupulous attitude towards it, that caused grave results, shall be
punished by official restriction of servicemen for a period of up to two years
or placement in a disciplinary military unit for the same period or the deprivation
of liberty for a period of up to three years.
Art. 389. Infringement of the procedures for performing frontier service
- Infringement of the procedures for performing frontier service by those
who execute frontier regulations or other duties of frontier service and that
caused infringement on the interests of state security because of negligence,
shall be punished by official restriction of servicemen for a period of up
to two years or placement in a disciplinary military unit for the same period,
or the deprivation of liberty for a period of up to three years.
- The same action that caused grave results because of negligence shall
be punished by the deprivation of liberty for a period of up to five years.
- Infringement of the procedures for performing frontier service due to
negligent and unscrupulous attitude towards it, that caused grave results
because of negligence, shall be punished by restriction of a military service
for a period of up to two years or placement in a disciplinary military service
for the same period, or the deprivation of liberty for a period of up to two
years.
Art. 390. Infringement of the rules of sentry duty
- Infringement of the rules of sentry duty by sentries (security guards)
that damaged the object to be guarded, shall be punished by restriction of
military service for a period of up to two years or imprisonment for a period
of up to six months, or placement in a disciplinary military unit for a period
of up to two years, or the deprivation of liberty for the same period.
- The same action, which caused grave results because of negligence, shall
be punished by the deprivation of liberty for a period of up to three years.
- Infringement of the rules of sentry duty due to negligent and unscrupulous
attitude towards it, that caused grave results because of negligence shall
be punished by the deprivation of liberty for a period of up to one year.
Art. 391. Infringement of the rules for executing service when protecting
public order and ensuring public security
- Infringement of the rules for executing service by those, who execute
military regulations for protecting public order and ensuring public security
and that infringed rights and legal interests of citizens because of negligence,
shall be punished by restriction of military service for a period of up to
two years or imprisonment for a period of up to six months, or placement in
a disciplinary military unit for a period of up to two years, or the deprivation
of liberty for a period of up to two years.
- The same action, which caused grave results because of negligence, shall
be punished by the deprivation of liberty for a period of two to five years.
Art. 392. Infringement of patrol rules in garrison and internal regulations
Infringement of the charter of internal regulations by those, who perform twenty-four-hour
guard duty (except for sentry and watch), as well as infringement of patrol
rules in garrison by those, who execute patrol regulations and that caused grave
results because of negligence, shall be punished by official restriction of
servicemen for a period of up to two years or imprisonment for a period of up
to six months, or placement in a disciplinary military unit for a period of
up to two years.
CHAPTER 10
The Crime Against The Procedures For Storage And Exploitation Of Military Property
Art. 393. Intentional destruction and damage of military property
- Intentional destruction or damage of weapons, ammunition, transport means
or other military equipment shall be punished by a penalty equal up to 200
times the minimum wage or official restriction of servicemen for a period
of up to two years, or imprisonment for a period of up to three months, or
placement in a disciplinary military unit for a period of up to two years,
or the deprivation of liberty for a period of up to two years.
- The same action that caused grave results because of negligence shall
be punished by the deprivation of liberty for a period of up to five years.
Art. 394. Destruction or damage of military property because of negligence
Destruction or damage of weapons, ammunition, transport means, military equipment
or other military property because of negligence, that caused grave results,
shall be punished by a penalty equal up to 500 times the minimum wage or restriction
of military service for a period of up to two years, or imprisonment for a period
of up to six months, or placement in a disciplinary military unit for a period
of up to two years, or the deprivation of liberty for a period of up to two
years.
Art. 395. Losing or making the military property unfit/useless
Infringement of the rules for storing weapons, ammunition, transport means,
military equipment or other military property entrusted for official use that
caused the loss of the military property or made it useless, shall be punished
by a penalty equal to from100 to 200 times the minimum wage or official restriction
of servicemen for a period of up to six months, or imprisonment for a period
of up to three months, or placement in a disciplinary military unit for a period
of up to two years, or the deprivation of liberty for the same period.
Art. 396. Infringement of the rules for driving or exploiting vehicles
- Infringement of the rules for driving or exploiting combat, special or
transport vehicles that caused severe or less severe injuries because of negligence,
shall be punished by imprisonment for a period of four to six months or placement
in a disciplinary military unit for a period of up to two years, or the deprivation
of liberty for the same period, with or without the deprivation of the right
to hold any position or conduct any activity for a period of up to three years.
- The same action that caused loss of human lives because of negligence,
shall be punished by the deprivation of liberty for a period of two to five
years, with or without the deprivation of the right to hold any position or
conduct any activity for a period of up to three years.
- The action, stipulated by Par. 1 of this Article, that caused the death
of two or more than two people because of negligence, shall be punished by
the deprivation of liberty for a period of up to four to ten years.
Art. 397. Infringement of flying rules
Infringement of the rules for flying military aircraft or rules for flying
preparations or its exploitation, that caused loss of life or other grave results
because of negligence, shall be punished by the deprivation of liberty for a
period of three to ten years.
Art. 398. Infringement of the rules of steering vessels
Infringement of the rules for steering warships or their exploitation, that
caused the loss of life or other grave results because of negligence, shall
be punished by the deprivation of liberty for a period of three to ten years.
Art. 399. Infringement of the rules of applying weapons and things of particular
danger to the environment
- Infringement of the rules for applying weapons, ammunition, radioactive,
explosive or other substances or things especially hazardous for the environment,
if that caused severe or less severe damage to health, destruction of military
equipment or other grave results because of negligence, shall be punished
by official restriction of servicemen for a period of up to two years or placement
in a disciplinary military unit for the same period.
- The same action that caused the loss of human lives because of negligence
shall be punished by the deprivation of liberty for a period of up to five
years.
- The action, stipulated by Par. 1 of this Article, that caused the death
of two or more than two people because of negligence shall be punished by
the deprivation of liberty for a period of up to ten years.
BOOK 14
CHAPTER 11
The Crime Against The Peace And Security Of Mankind
Art. 400. Planning, preparing or provoking an aggressive war
- Planning, preparing or provoking an aggressive war shall be punished
by the deprivation of liberty for a period of seven to fifteen years.
- Waging an aggressive war shall be punished by the deprivation of liberty
for a period of ten to twenty years.
Art. 401. Openly calling to provoke an aggressive war
- Openly calling to provoke an aggressive war shall be punished by a penalty
equal to from 500 to 700 times the minimum wage or the deprivation of liberty
for a period of up to three years.
- The same action committed trough the media or by high ranking officials
shall be punished by a penalty equal to from 700 to 1000 times the minimum
wage or the deprivation of liberty for a period of two to five years, with
the deprivation of the right to hold any position or conduct any activity
for a period of up to three years.
Art. 402. Preparation and dissemination of the weapon of mass destruction
Preparation, purchase or sale of the weapons for chemical and biological destruction
or other weapons for mass destruction, which are prohibited by the international
treaty of Georgia, shall be punished by the deprivation of liberty for a period
of five to ten years.
Art. 403. Applying the means and methods prohibited during the war
- The brutal treatment of prisoners of war or military population, deportation
of civil population, unlawful appropriation of the national property within
the occupied territory, application of the means or methods prohibited by
an international treaty of Georgia in armed conflict shall be punished by
the deprivation of liberty for a period of up to twenty years.
- Application of the weapon of mass destruction prohibited by the international
treaty of Georgia shall be punished by the deprivation of liberty for a period
of ten to twenty years.
Art. 404. Genocide
Genocide, i. e. the action committed for the fulfillment of an agreed plan
to completely or partly annihilate some groups of people united under national,
ethnic, racial, or religious motive, that was reflected in killing of members
of such groups, severe damage to their health, intentional creation of difficult
conditions of life, forced reduction of birth rate or forced transfer of a child
from one ethnic group to another, shall be punished by the deprivation of liberty
for a period of eight to twenty years or the deprivation of liberty for an indefinite
period.
Art. 405. Ethnic cleansing
Ethnic cleansing, i.e. the deportation of national, ethnic, racial or religious
groups or other forced eviction/expelling of them from permanent places of residence,
shall be punished by the deprivation of liberty for a period of eight to twenty
years or for an indefinite period.
Art. 406. Ecocide
Poisoning of atmosphere, land and water resources, or mass destruction of the
world of animals and plants, and commission of other actions that could cause
ecological disaster, shall be punished by the deprivation of liberty for a period
of eight to twenty years.
Art. 407. Participation of mercenaries in armed conflict
- Gathering, training, financing or providing other material support to
mercenaries and using them in an armed conflict or military operations shall
be punished by the deprivation of liberty for a period of four to eight years.
- The same action committed by abusing official power or with respect to
minors shall be punished by the deprivation of liberty for a period of seven
to fifteen years.
- Participation of mercenaries in armed conflicts or military operations
shall be punished by the deprivation of liberty for a period of three to seven
years.
Note: the persons, who are not citizens of the state, or act for obtaining
material compensation, participate in an armed conflict or military operations
and do not reside permanently on its territory, and also who have not been sent
to execute official duties, are considered mercenaries.
Art. 408. Assault on persons or institutions under international protection
Assault on the representatives of foreign states or employees of international
organizations under international protection, as well as on the buildings of
their offices and dwellings or transport means, and if such an action is committed
for the purpose of provocation of war or aggravation of international relations,
shall be punished by the deprivation of liberty for a period of three to eight
years.