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Criminal charges connected with public procurement in Georgia move within the orbit of three norms of the Criminal Code: a prior agreement between participants in a procurement, abuse of official authority by an official, and bribe-taking. This page is devoted to criminal defence; the detailed administrative regulation of procurement procedures is established by the Georgian Law on Public Procurement, whose content this page does not reproduce. In practice all three charges are often born in one and the same factual story — a suspicion that the outcome of a tender was predetermined, abuse of authority by the purchaser or an official, and a perceived „consultancy contract“ that grows into a bribe. The task of the defence is to stand separately on every link of that chain, because each charge has its own subject, its own elements and its own evidentiary base.
Agreement between procurement participants
Under the relevant norm of the Code, a prior agreement or other deal between participants in a public procurement, made in procedures provided for by the Georgian Law on Public Procurement for the purpose of obtaining a material advantage or preference for oneself or another, which caused a substantial violation of the lawful interest of the purchasing organisation, is punished by a fine, or home arrest for a term of six months to two years, or imprisonment for up to two years. The same act committed repeatedly is punished by a fine or imprisonment for a term of two to four years. Two elements are decisive for the defence: the existence of the agreement and the substantial violation of the purchasing organisation's lawful interest — refuting either one destroys the charge already at the level of the elements.
Abuse of official authority
The typical companion charge on the buyer's side is abuse of official authority by an official or an assimilated person against the public interest, for the purpose of obtaining any advantage or preference for oneself or another, which caused a substantial violation of the right of a physical or legal person or of the lawful interest of society or the state — for this the law provides a fine, or home arrest for a term of six months to two years, or imprisonment for up to three years, with deprivation of the right to hold office or carry out activity for up to three years. Where committed by a person holding a state-political office, the sanction is a fine or imprisonment for three to five years with the same additional penalty; and where committed repeatedly, with violence or the use of a weapon, or with humiliation of the victim's personal dignity — imprisonment for five to eight years. The boundaries of lawful discretion of an official are therefore not a rhetorical but a strictly legal question in these cases.
Bribe-taking
The gravest charge in this group is bribe-taking: the receipt or demand, directly or indirectly, of money, securities, other property, property benefit or any other unlawful advantage by an official or assimilated person in connection with the performance of official duties, as well as the acceptance of an offer or promise of such, is punished by imprisonment for a term of six to nine years. A bribe taken by a person holding a state-political office, in a large amount or by a group with prior agreement is punished by seven to eleven years, and one taken by a person previously convicted of bribery, repeatedly, through extortion, by an organised group or in an especially large amount — by eleven to fifteen years. The law treats as large an amount above ten thousand GEL in money, securities, other property or property benefit, and as especially large an amount above thirty thousand GEL. The defence here often works precisely along the line of the amount and the nature of the payment — a lawful fee and a bribe must be separated from each other by evidence.
Legal person and defence strategy
For the act provided for by the agreement norm, a legal person is punished by deprivation of the right to carry out activity or by liquidation together with a fine; this provision, however, enters into force on the first of January of two thousand thirty. The defence strategy has three directions: first, criticism of the elements — refuting the agreement or the substantial violation; second, excluding the subject — whether the accused company's role truly falls within the circle of procurement participants or the circle of officials; third, criticism of the factual evidence, since in such cases the chain of decisions is reconstructed from documents and electronic correspondence, and every link must be assessed separately.
Frequently Asked Questions
How is a prior agreement between tender participants punished?
By a fine, house arrest of six months to two years, or imprisonment up to two years, where the purchasing organisation’s lawful interest was substantially violated; committed repeatedly — a fine or two to four years.
When is a bribe large or especially large?
Large is an amount above ten thousand GEL, especially large above thirty thousand GEL; a large amount raises the range to seven to eleven years, an especially large one to eleven to fifteen.
When can a company be punished?
Under the agreement norm a legal person faces deprivation of the right to carry out activity or liquidation with a fine; this provision enters into force on 1 January 2030.
How We Help on Legal.ge
Our team begins the defence in procurement-related charges from the very first day: we analyse each element of the composition, determine the accused person's subjective status, trace the movement of amounts and payments, and follow the case through every instance. If you or your company has faced such a charge, contact us — at the very first consultation you will receive a concrete assessment. Legal.ge — reliable legal support throughout Georgia.