Building Code Violation Defense in Georgia | Legal.ge

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Who goes to jail for construction accidents?

Typically, the person directly responsible for safety on-site (safety officer, foreman, or engineer) faces charges, but directors can also be liable if systemic negligence is found.

What if the worker caused the accident?

If the defense proves that the employer provided all safety gear and training, and the worker grossly violated the rules (e.g., removed a harness), the employer may be acquitted.

What is the penalty for a fatal accident (Art. 240)?

If the violation results in death, the punishment is imprisonment from 2 to 5 years. Multiple fatalities carry longer sentences.

Do I need a lawyer during the Labor Inspection audit?

Yes, the Labor Inspection report becomes key evidence in the criminal case. A lawyer can help ensure the audit is conducted fairly and your rights are protected.

Construction Safety Violations: Criminal Defense

The rapid growth of the construction sector in Georgia has highlighted the necessity of strictly observing safety norms. Violation of safety rules during mining, construction, or other works resulting in injury or loss of life is a serious criminal offense. Liability can be imposed not only on the company director but also on the safety officer, site manager (foreman), or engineer. In many cases, the accused are professionals who may have failed to supervise a specific area or relied on others'' competence, yet the law strictly punishes negligence.

These types of cases are characterized by technical complexity. Investigations rely on engineering-technical expertise, Labor Inspection reports, and volumes of documentation. Without a lawyer, it is difficult for the accused to navigate specific terminology and prove that the accident was not their fault but rather the victim''s negligence or force majeure. Qualified defense is essential to establish the correct causal link.

What Does Defense Against Construction Crimes Cover?

Specialists on Legal.ge offer in-depth legal services for cases under Article 240 of the Criminal Code:

Technical Documentation Audit: The lawyer studies construction logs, safety briefing protocols, and projects to determine if formal requirements were met.
Involvement in Expertise: Conducting alternative engineering expertise or critically analyzing the state expert conclusion. This often decides the fate of the case.
Delineation of Liability: The defense strategy is often based on the correct distribution of liability among contractors, subcontractors, and employees. The lawyer clarifies who was responsible for taking a specific safety measure.
Representation in Investigation and Court: Protecting interests during interactions with the Labor Inspection and at all stages of the criminal process.

Common Situations and Real-World Scenarios

Charges of violating construction rules often arise in the following cases:

Falls from Height: A worker was not wearing a safety harness or guardrails were not installed, resulting in a fall. Liability falls on the site manager.
Falling Objects: Construction material falling from a crane or scaffolding injures a passerby or a worker.
Soil Collapse: Soil collapse during excavation due to incorrect planning of reinforcement works.
Electrical Safety Violation: Worker electrocution due to exposed cables or faulty equipment.

Georgian Legislation and Legal Framework

Violation of safety rules during mining, construction, or other works is regulated by Article 240 of the Criminal Code of Georgia. If the violation results in less severe or severe bodily injury, the punishment can be a fine, corrective labor, or imprisonment for up to 2 years. If the violation causes death, the sentence increases to 2 to 5 years (or more, depending on the number of victims). Also important are the Organic Law of Georgia on Occupational Safety and government technical regulations (e.g., "Safety Requirements for Work at Height"), which set standards. In a criminal case, the violation of these specific regulations must be proven.

Process: What to Expect When Working with a Specialist

Immediately after an accident, the police and Labor Inspection arrive at the scene. Calling a lawyer at this stage is critical. The lawyer ensures participation in the site inspection and proper giving of initial statements. Later, during the expertise stage, the lawyer will pose questions to experts. In court, the lawyer will try to prove that safety norms were followed or that the result was not caused by the accused''s action (lack of causal link). If guilt is obvious, the lawyer works on a plea agreement and minimizing the sentence.

Why Choose Legal.ge?

Construction crimes require a lawyer who understands not only the law but also construction specifics. Legal.ge gives you access to professionals with experience in occupational safety and construction law. They will help you protect your freedom and professional reputation. Find a trusted partner on Legal.ge.