---
title: "One-year period after which a person is deemed not to have been penalised (Art. 39)"
url: "https://legal.ge/en/service/administrative-and-public-law-en/one-year-period-after-which-a-person-is-deemed-not-to-have-been-penalised-art-39-en"
field: "Administrative & Public Law"
description: "Art. 39: a person is deemed not to have been penalised one year after serving the penalty (for fines — from imposition). Legal.ge."
updated: "2026-10-14"
publisher: "legal.ge"
---

# One-year period after which a person is deemed not to have been penalised (Art. 39)

> Source: legal.ge, https://legal.ge/en/service/administrative-and-public-law-en/one-year-period-after-which-a-person-is-deemed-not-to-have-been-penalised-art-39-en

Article 39 of the Administrative Offences Code of Georgia establishes the period after the expiry of which a person is deemed not to have been subjected to an administrative penalty. This institution is of great practical importance, because many norms attach stricter sanctions to repeated commission: a person who is still deemed to have been penalised faces aggravated consequences for a new breach. On this page we explain in detail when and how the one-year period begins to run, what difference exists between a fine and other penalties, and why the full payment of a fine is decisive for a separate category of cases.

## The general rule — one year from the serving of the penalty

Under the first part of the article, if a person subjected to an administrative penalty has not committed a new administrative offence within 1 year from the day of the serving of that penalty, the person is deemed not to have been penalised, except where the penalty imposed was a fine. This means that for non-monetary penalties the period runs from the moment the penalty is actually served — that is, enforced. It is essential that the person must actually have been released from the penalty: while the penalty has not been served, the period does not begin to run at all.

The full text is available on legal.ge after signing in: https://legal.ge/en/service/administrative-and-public-law-en/one-year-period-after-which-a-person-is-deemed-not-to-have-been-penalised-art-39-en

### When is a person deemed not to have been penalised?

As a general rule — if the person commits no new administrative offence within 1 year from the day of the serving of the penalty; in the case of a fine — within 1 year from the day the fine is imposed.

### What is the difference between a fine and other penalties?

For a non-monetary penalty the period runs from the serving of the penalty, while for a fine it runs from the day of its imposition.

### Is there a case where the period does not start even after payment has become due?

Yes — for fines under separately listed provisions of the Code, a person is deemed not to have been penalised only after 1 year has passed from the full payment of the fine.

### Why does this status matter?

Because repeated commission carries stricter sanctions under many norms — if a year has passed and the person is deemed not penalised, the previous penalty can no longer be applied as an aggravating circumstance.