About this service
Civil asset recovery in a criminal trial means that a person injured by an offence grounds his property claim on the court's judgment and obtains compensation through civil procedure. The Civil Procedure Code of Georgia builds this route as a chain of special norms: admissibility, the form of the claim and its accompanying documents, the time limit for examination and the appeal of the decision. This page explains how this route integrates with the victim's civil claim in the criminal case and why full compensation by court judgment is attainable.
Admissibility: when the civil route opens
Article 309¹⁶ of the code lays the foundation: under the procedure established by this chapter, a claim for compensation of damage caused by a crime or an administrative offence may be examined. This means the civil-procedure route is open to the consequences of both criminal and administrative proceedings — the essential point is that the fact of damage must already be confirmed by the corresponding act. This admissibility formula is the victim's key: a judgment obtained at the criminal stage becomes the supporting foundation of the civil claim.
The form of the claim and accompanying documents
Article 309¹⁷ of the code determines what must accompany the claim: a court judgment that has entered into legal force, or an individual administrative-legal act of the organ examining the administrative offence case, confirming the fact of damage. Where that act does not contain a calculation of the damage, the claim may be accompanied by a document compiled by an authorised person or organ determining the amount of the damage. This detail matters in practice: a judgment that establishes guilt but does not count the sum is not enough — the amount must be substantiated by a separate document.
Examination and established facts
Article 309²⁰ of the code sets two axes of the examination. The first is the time limit: the court examines a claim for compensation of damage within 1 month of its acceptance for proceedings. The second is evidentiary novelty: at the examination, the court deems established the fact of damage confirmed by the judgment in legal force or by the administrative-legal act. In practical terms this means an accounting built on qualified facts: the court does not repeat the path of the criminal case — it stands on it and only sets the arithmetic of compensation. The one-month term means the claim must be prepared in advance: immediately upon the judgment entering into legal force, it must be set in motion, and the calculation of the amount must already be documented by then.
Appeal of the decision
Article 309²¹ of the code sets the appeal deadline: a court decision on compensation of damage is appealed within 7 days to the court of appeals. This short deadline demands an immediate reaction: on the very day the decision is received, the prospects of appeal must be assessed and the documentation directed — the final amount of compensation is often settled precisely at the appellate stage.
In a criminal case the victim also has another route for the property demand — a civil claim filed within the criminal process itself; the norms described here build the general civil-procedural frame for the case where the fact is already confirmed and only compensation remains. The separation of these two routes is the design of the law: the criminal process establishes guilt, the civil process the monetary recovery. The task of this page is therefore twofold: to show that full compensation by court judgment is attainable, and that the procedural bridge leading to it lies precisely in the chain of these norms.
Frequently asked questions
On what basis does the civil claim open?
A claim for compensation of damage caused by a crime or administrative offence is examined under the procedure of Article 309¹⁶ of the code, where the fact of damage is confirmed by the corresponding act.
What accompanies the claim?
A judgment in legal force or an administrative-legal act; where it lacks a damage calculation — additionally, a document by an authorised person or organ on the amount.
Within what time does the court examine the claim?
Within 1 month of acceptance for proceedings — under Article 309²⁰ of the code; the fact of damage is deemed established.
How is the decision appealed?
A decision on compensation of damage is appealed within 7 days to the court of appeals, under Article 309²¹ of the code.
How We Help on Legal.ge
We build the complete chain of civil recovery: we examine the content of the judgment or administrative act and determine how far the fact and the amount are confirmed; we prepare the damage calculation document for the case where the judgment contains no sum; we draft the claim with its accompanying materials and observe the one-month examination rhythm and the 7-day appeal deadline. Contact us for a compensation strategy that carries the outcome of the criminal case through to monetary recovery.