Corruption Offences – Which Articles Establish Liability
The group of corruption offences in the Criminal Code of Georgia is defined by the norms on offences against official duty. The core of this group consists of the articles on taking and giving bribes; close to them stand offences of an official character – exceeding official authority, coercing the giving of an explanation, testimony or conclusion, unlawful participation in entrepreneurial activity, receiving a gift prohibited by law, and official forgery. Each of these is a separate article, yet in practice the norms are considered together, because a charge often unites several articles around a single episode.
Such cases always lie in the zone of heightened public interest, and the prosecution conducts them with particular intensity. At the same time, it is precisely in this category that the risk of qualification errors is greatest – the boundary between a lawful official decision and a crime is often blurred. The lawyer's task is to establish that boundary precisely, on the basis of the case materials.
Taking a Bribe – Article 338 and Its Sanctions
Article 338 defines the taking of a bribe as the receipt by an official or a person equated to him, directly or indirectly, of money, securities, other property, a property benefit or any other unlawful advantage, or the demand for it, as well as the acceptance of an offer or promise thereof, in order that, in performing official rights and duties, he carry out an act for the benefit of the giver of the bribe or another person, or refrain from an act, or use his official authority for a similar aim, and also provide official patronage.
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, in the form of money, securities, other property or a property benefit, exceeds ten thousand GEL, and in a particularly large amount where the sum exceeds thirty thousand GEL.
Giving a Bribe – Article 339 and the Possibility of Release
Article 339 concerns the giving of a bribe – the promise, offer or grant to an official or a person equated to him of money, property, a property benefit or another unlawful advantage with the corresponding aim. 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 this article 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 Remaining Official-Service Offences – General Features and Sanctions
The remaining norms closely connected with the corruption block provide for the following penalties:
- exceeding official authority – under part 1, a fine, or house arrest for six months to two years, or imprisonment for up to three years, with deprivation of the right to hold an office or conduct activity for up to three years; by a person holding a state-political office – from three to five years; and where committed with violence or the use of a weapon, with insult to the victim's personal dignity, or more than once – from five to eight years;
- coercion to give an explanation, testimony or conclusion – imprisonment from two to five years, and where committed with violence dangerous to life or health or the threat of such violence, or by an organized group – from five to nine years, with deprivation of the right to hold an office or conduct activity for up to five years;
- unlawful participation in entrepreneurial activity – house arrest for six months to two years, or imprisonment from two to four years, with deprivation of the right to hold an office or conduct activity for up to three years;
- receiving a gift prohibited by law – a fine, or community service from one hundred to three hundred hours, or deprivation of the right to hold an office or conduct activity for up to three years, or house arrest for six months to two years, or imprisonment for up to two years;
- official forgery – entering a false certificate or record into an official document or register, drawing up or issuing a false document, or falsifying a document – a fine, or house arrest for six months to two years, or imprisonment from two to four years.
What the Defense Examines in Corruption Cases
First – the status of the subject: most of these articles require a special subject – an official or a person equated to him. If the person does not belong to that category, many qualifications collapse. Second – the content of the act: whether the advantage received was unlawful and whether the corresponding aim existed. Third – the amount: in bribery, the thresholds of a large and a particularly large amount change the qualification directly.
A separate task is the lawfulness of the evidence – corruption cases often use materials of special investigative measures, whose application is subject to restrictions defined by other provisions. A critical review of those materials frequently decides the fate of the case.
How a Lawyer Assists in Corruption Cases
The lawyers of Legal.ge work on bribery and official-duty cases. We assess the correctness of the qualification – under which article and which part the case proceeds – examine the subject's status, the substantiation of the aim and the question of amount, and represent your interests at every stage of the proceedings. In such cases an early consultation is particularly important, because the first conclusions often determine the further direction of the case.