---
title: "Bribery Defense"
url: "https://legal.ge/en/service/crim-criminal-law-en/bribery-defense-147-en"
field: "Criminal Law"
description: "Bribery charges under Articles 338 and 339 of the Criminal Code of Georgia: imprisonment from 6 to 15 years, extortion and defense. Legal.ge."
reviewed: "2026-07-09"
updated: "2026-10-14"
publisher: "legal.ge"
---

# Bribery Defense

> Source: legal.ge, https://legal.ge/en/service/crim-criminal-law-en/bribery-defense-147-en

## 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.

The full text is available on legal.ge after signing in: https://legal.ge/en/service/crim-criminal-law-en/bribery-defense-147-en

### What penalty applies to taking a bribe?

Imprisonment from six to nine years; by a person holding a state-political office, in a large amount or by a group – from seven to eleven years; by extortion, an organized group, a previously convicted person, more than once, or in a particularly large amount – from eleven to fifteen years.

### When is the giver of a bribe released from liability?

Where he voluntarily reported it to the body conducting the criminal proceedings. The decision on release is taken by that same body.

### When is a bribe considered to be in a large amount?

Where the sum exceeds ten thousand GEL; in a particularly large amount – where it exceeds thirty thousand GEL.

### What penalty applies to the giver of a bribe?

Under part 1 – a fine, corrective labor, house arrest or imprisonment for up to three years; to induce an unlawful act – from four to seven years; by an organized group – from five to eight years.

### What does a lawyer examine in a bribery case?

The subject's status, the actual transfer of the advantage, the existence of an agreed action, the element of extortion, the amount and the lawfulness of the evidence.