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.
The possibility of other periods
The article also provides that other time limits for hearing administrative offence cases may be provided for by a legislative act of Georgia. This means that the periods established by Article 262 are not a final list — special laws may create additional regimes for separate spheres. Therefore, in every particular case the first step must be to determine whether it is subject to the general rule or to one of the special categories, since the lawfulness of the further proceedings depends on this classification.
The significance of a breach of the time limit
A breach of the hearing period is not a formality but a real legal problem:
- a decision adopted after the expiry of the period may be unlawful in general and subject to appeal;
- the expiry of the period is connected, in the context of limitation, with the grounds for terminating a case;
- ignoring the immediate hearing of a detained person is a serious restriction of liberty;
- control over the periods is available to each party — the date of receipt of the protocol and materials is documented.
How to protect the time limits and what to do on breach
Defence in matters of time limits begins with three steps. First, record the moment of receipt: when the protocol and materials enter the body, this is registered, and it is precisely this date that is the starting point of the period. Second, establish the category: check whether your case falls under an accelerated period, because a mistake about the category leads to a mistake in counting the period. Third, check the date of the decision and compare it with the last day of the period. If the period has expired, this must be indicated separately and clearly on appeal — the argument of a breach of the time limit is often stronger than a factual dispute about the offence itself.
Pay additional attention to the detention regime. If a person is detained, the court begins an oral hearing immediately — this means that every hour of waiting may be treated as a breach of this rule. In such a situation the timely involvement of an advocate is decisive, because the protection of a detained person's interests operates hour by hour, and a delay is irreversible.
Conclusion
Article 262 creates a multi-level system: the general period is 15 days; for separate categories — 3 days, 1 day-night or 7 days; and where administrative detention is applied the court begins an oral hearing immediately; other periods may be established by a legislative act. If your case was heard after the expiry of the period, or the detention regime was breached, this is one of the strongest grounds for appeal. The specialists at Legal.ge will help you calculate the periods and prepare a complaint.