Taking and Giving a Bribe – Articles 338 and 339: What These Norms Cover
A bribery charge in the Criminal Code of Georgia rests on a construction built on two norms. Article 338 defines the penalty for an official or a person equated to him who receives or demands a bribe; Article 339 – for the giver. This division is decisive for the defense: one and the same factual episode creates two different qualifications, and each side requires its own approach.
A bribe is not only money: securities, other property, a property benefit or any other unlawful advantage – all these forms fall under the article if they are disposed of in return for an action connected with the performance of official rights and duties: carrying out an act, refraining from an act, using official authority, or providing official patronage.
Taking a Bribe – Article 338 and Its Sanctions
Part 1 of Article 338 defines the taking of a bribe as receipt, demand, or acceptance of an offer or promise thereof. The sanctions, part by part:
- part 1 – taking a bribe – imprisonment for a term of six to nine years;
- part 2 – taking a bribe by a person holding a state-political office, in a large amount, or by a group with prior conspiracy – imprisonment for a term of seven to eleven years;
- part 3 – the act provided for by parts 1 and 2, committed by a person convicted of bribery, more than once, by extortion, by an organized group, or in a particularly large amount – imprisonment for a term of eleven to fifteen years.
The note to the article defines the thresholds: a bribe is considered to be in a large amount where the sum exceeds ten thousand GEL, and in a particularly large amount where the sum exceeds thirty thousand GEL. These thresholds change the qualification directly – the difference between parts 2 and 3 lies precisely in these sums.
Giving a Bribe – Article 339 and the Possibility of Release
Article 339 concerns the giving of a bribe – a promise, an offer or a grant. The sanctions:
- part 1 – giving a bribe – a fine, or corrective labor for a term of up to two years, or house arrest for a term of six months to two years, or imprisonment for a term of up to three years;
- part 2 – the same act committed in order to induce an unlawful act – a fine, or imprisonment for a term of four to seven years;
- part 3 – the act provided for by part 1 or 2, committed by an organized group – imprisonment for a term of five to eight years.
The note to Article 339 is particularly important for the defense: the giver of a bribe is released from criminal liability if he voluntarily reported it to the body conducting the criminal proceedings; the decision on release is taken by that same body. Also, a legal person is punished for this offence by a fine.