Article 262 of the Administrative Offences Code of Georgia establishes the periods within which an authorised body (official) must hear an administrative offence case. Observing these periods is an essential condition of lawful proceedings: timely hearing protects both the interests of the offender and the questions connected with the limitation of penalties. On this page we describe in detail which period corresponds to which category, what happens where administrative detention is applied, and why the breach of a time limit is a ground for appeal.
The general rule — 15 days
Under the first part of the article, an authorised body (official) hears an administrative offence case within 15 days of the receipt of the protocol of the administrative offence and other materials, save for the exceptional category determined in the Code. This is the baseline period from which all other rules are measured: if a case does not fall within any special category, it is precisely this 15-day period that applies. Its running begins not from the commission of the offence but from the moment the protocol and materials are received by the body, which is why the exact recording of the dates on the documents is decisive.
Accelerated periods — 3 days and 1 day
For separate categories the legislature has established accelerated rules. Cases of offences provided for by separately listed provisions of the Code are heard within 3 days. The same 3-day period applies to another broad list of compositions, while for the most sensitive category — cases under specially indicated provisions — the period is 1 day-night. The logic of the accelerated periods is clear: in these spheres the breaches concern either public order or the everyday safety of citizens, and delaying the decision creates additional harm for the persons and interests the norm protects.
The 7-day period and immediate hearing
A separate broad list is subject to a 7-day period — this category is precisely determined by the Code and covers a whole range of compositions in the road, public order and other spheres. A special rule operates where administrative detention is applied: the district (city) court hearing the administrative offence case begins an oral hearing immediately, upon the receipt of the protocol and other materials, if administrative detention has been applied to the person and its term has not expired. This guarantee is directly connected with the restriction of liberty: the case of a detained person cannot be left waiting.