The Legal Framework of Bribery in Georgian Law
Georgian criminal law addresses bribery through three provisions of the Criminal Code: commercial bribery is governed by Article 221, acceptance of a bribe by Article 338, and giving a bribe by Article 339. These norms capture both the public sector — officials and equated persons — and the private sector, namely persons acting in an enterprise on special authority. The Code treats a bribe not merely as money: securities, other property, property services and any other unlawful advantage fall within the same definitions.
Commercial Bribery and Its Sanctions
Under the first part of Article 221, a person performing managerial, representative or other special functions in an enterprise or other organisation, or employed there, is punishable if, directly or indirectly, for his own or another person's benefit, he promises, offers, transfers or provides money, securities, other property, property services or any other unlawful advantage, so that the recipient breaches official duties in the purchaser's interest. The sanction is a fine or house arrest for six months to one year, or imprisonment for up to three years, with or without deprivation of the right to hold office or carry on an activity for up to three years. The same act by a group or repeatedly is punished by a fine or imprisonment from two to four years, and the demand or acceptance of such an advantage carries a fine or house arrest from one to two years, or imprisonment from two to four years. Where the demand or acceptance is committed by a group, repeatedly or through extortion, the sanction rises to a fine or imprisonment from four to six years with deprivation of the right to hold office for up to three years. Each tier is separate in the Code and none may be compressed.
Acceptance of a Bribe: The Official's Liability
Article 338 targets the public side of the corrupt bargain. An official or an equated person who, directly or indirectly, for his own or another person's benefit, accepts or demands money, securities, other property, a property benefit or another unlawful advantage, or accepts an offer or promise of one, in order to act or refrain from acting in office, to use official authority, or to extend official patronage, commits the basic offence punishable by imprisonment from six to nine years. The qualified compositions are harsher: acceptance by a holder of a state-political position, in a large amount, or by a group upon prior conspiracy carries imprisonment from seven to eleven years, while acceptance by a person previously convicted of bribery, repeatedly, through extortion, by an organised group, or in an especially large amount carries imprisonment from eleven to fifteen years. The note to the article fixes the thresholds: a bribe is large when the amount of money, securities, other property or property benefit exceeds ten thousand lari, and especially large when it exceeds thirty thousand lari.
Giving a Bribe and the Route to Exemption
Article 339 extends liability to the giver. Promising, offering or granting such an advantage to an official or an equated person is punishable by a fine or corrective labour for up to two years, or house arrest from six months to two years, or imprisonment for up to three years. If the bribe is given to procure an unlawful act, the sanction becomes a fine or imprisonment from four to seven years, and if the act is committed by an organised group — imprisonment from five to eight years. Crucially for prevention, the law contains a disclosure incentive: the giver of a bribe is released from criminal liability if he voluntarily reports the matter to the organ prosecuting the criminal case, and that same organ decides on the release. A parallel rule applies to commercial bribery under the first or second part of Article 221. Legal persons face their own exposure: for commercial bribery the Code prescribes liquidation or deprivation of the right to carry on an activity together with a fine, while for giving a bribe a legal person is punishable by a fine. An internal channel making early voluntary reporting realistic is thus a statutory lifeline.
Frequently Asked Questions on Bribery
What amounts count as large and especially large bribes?
Under the note to Article 338, a bribe is large when the amount of money, securities, other property or property benefit exceeds ten thousand lari, and especially large when it exceeds thirty thousand lari. These thresholds determine which qualified composition applies and, with it, the severity of the sentence.
Does liability differ between the public and private sectors?
Yes. Conduct of officials and equated persons is assessed under the bribe acceptance and giving provisions, while similar conduct of persons with managerial or special authority in an enterprise falls under commercial bribery. Basic bribe acceptance is punishable by imprisonment, whereas basic commercial bribery starts with a fine.
How does voluntary disclosure work?
Both the bribe-giving norm and the commercial bribery norm release the offender from criminal liability if he voluntarily reports the act to the organ prosecuting the criminal case, and that organ decides on the release. Timeliness and the voluntary character of the statement are therefore decisive.
What does a legal person risk?
For commercial bribery a legal person is punishable by liquidation or deprivation of the right to carry on an activity, together with a fine; for giving a bribe — by a fine. A single corrupt transaction can thus put the whole company at risk, which is why internal controls are indispensable.
How We Help on Legal.ge
If bribery risks surface in your organisation's processes, or you face a concrete legal problem connected with commercial bribery, acceptance or giving of a bribe, the Legal.ge team will examine your situation through the lens of the relevant Code provisions, assess the sanctions and exemption routes, and help you build a defence position or draft prevention rules. Contact us — we will review your case in confidence.