Article 38 of the Administrative Offences Code of Georgia establishes the periods within which an administrative penalty must be imposed — once these periods expire, a penalty can no longer be imposed on the offender. The institution of limitation is built on a general principle of law: after a significant passage of time, accountability loses its relevance and the possibility of proving the case diminishes. On this page we describe in detail which period applies in which situation, when the period begins to run, when it is suspended, and how to use these rules in your own defence.
The general rule — 3 months
Under the first part of the article, unless otherwise provided by law, an administrative penalty may be imposed on the perpetrator of an administrative offence no later than 3 months from the day of the commission of the respective offence, and where the offence is ongoing — no later than 3 months from the day of its detection. This distinction is important: an ongoing offence is characterised by the fact that it continues over a period of time, and until the moment of its discovery the period does not begin to run. Typical examples of such offences are situations where an unlawful state of affairs continues for months and is revealed only during an inspection.
The 6-month period — court-jurisdiction cases and separately listed cases
The second part of the article establishes a longer period for offences whose cases fall within the jurisdiction of the district (city) court: a penalty may then be imposed no later than 6 months from the day of the commission of the offence, and where the offence is ongoing — no later than 6 months from its detection. In addition, for penalties provided for by a whole range of separately listed articles of the Code, the period is also 6 months, running from the detection of the offence. The same 6-month period from detection applies when a penalty under one of such listed provisions is imposed on an employer. For the penalty under one further specific provision the period is likewise 6 months, counted from the day of the commission of the offence.
Special short and long periods
The article also contains two special rules. The first concerns penalties provided for by two specific provisions of the Code: such a penalty may be imposed on a person no later than 2 months from the detection of the respective offence, while for violations of those norms the penalty may be imposed within a period of 1 year from the commission of the offence. The second special rule is connected with criminal prosecution or investigation: where criminal prosecution or an investigation has been terminated and the offender's act contains the elements of an administrative offence, a penalty may be imposed no later than 1 month from the day the decision on termination is handed over to the body (official) empowered to impose the penalty.
Suspension of the period during a court appeal
One part of the article determines an important procedural circumstance: where the protocol of an administrative offence is appealed to a court, the running of the period for imposing the penalty provided for by this article is suspended until the court renders a final decision on the case. This means that the duration of the court dispute is not counted — the period resumes only after the final decision. Such an approach protects the authorised body from a situation where an appeal artificially pushes the resolution of the case beyond the expiry of the limitation period.
Exceptions
The article also contains two significant exceptions. First, the periods mentioned in this article do not apply to the confiscation of smuggled goods on the basis of the Customs Code of Georgia. Second, where administrative penalties determined by the Law of Georgia on Personal Data Protection are imposed, the periods established by that same law apply. In other words, in separate spheres special laws establish their own limitation regimes, and the general periods of Article 38 do not interfere with them.
How to use these rules in your defence
Knowledge of the limitation periods is a real defence tool:
- establish the day of the commission or detection of the offence and the actual date of the imposition of the penalty — if the interval exceeds the statutory period, the penalty is unlawful;
- determine whether the offence was ongoing — this changes the starting moment of the period;
- check whether there was an appeal of the protocol to a court, which suspended the running of the period;
- if the case moved from criminal prosecution, the 1-month period runs from the day of handover;
- where necessary, consult a lawyer for an exact calculation of the periods.
Conclusion
Article 38 creates a multi-tiered system: under the general rule a penalty may be imposed within 3 months; for court-jurisdiction cases and a range of separately listed provisions — within 6 months; for two specific provisions — within 2 months from detection and 1 year from commission; and where criminal prosecution has been terminated — within 1 month. The expiry of the period is an absolute barrier to the imposition of a penalty. If you need the limitation periods calculated in your case, the specialists at Legal.ge will help you with an exact analysis of the dates and the preparation of the necessary documents.