Official crimes and corruption — what the corresponding group of the Code covers
Official crimes form a separate group in the Criminal Code of Georgia: these norms protect the normal functioning of state service and local self-government. This page examines the principal compositions of this group: exceeding official authority, the forcing of an explanation, testimony or conclusion, unlawful participation in entrepreneurial activity, the taking and giving of bribes, the acceptance of a legally prohibited gift, and official forgery. Each of them carries its own precisely defined punishment.
An official charge is always serious: it concerns a person's service record, reputation and often the question of retaining office. If such a charge concerns your family or organization, it is important to know exactly what each norm provides and where the possibilities of the defence lie.
Exceeding official authority
The exceeding of official authority by an official or an equalized person, which has caused a substantial violation of the right of a physical or legal person, of society or of the lawful interest of the state, is punishable by a fine or by house arrest for a term of six months to two years or by imprisonment for a term of up to three years, with deprivation of the right to hold office or to carry out an activity for a term of up to three years. The same act by a person holding a state-political position is punishable by a fine or by imprisonment for a term of three to five years, with the same deprivation. And where the act is committed more than once, with violence or with the use of a weapon, or with the humiliation of the personal dignity of the victim, the offender is punishable by imprisonment for a term of five to eight years, with deprivation for up to three years.
Taking a bribe — the centre of the corruption crimes
The law defines the taking of a bribe as the receipt or demand by an official or an equalized person, directly or indirectly, of money, securities, other property, property benefit or any other unlawful advantage, as well as the acceptance of an offer or a promise thereof, for the benefit of himself or herself or another person, in order that, in the performance of official rights and duties, he or she carry out some act for the benefit of the giver of the bribe or another person, or refrain from carrying out some act, or use official authority for a similar purpose, as well as to exercise official patronage. This act is punishable by imprisonment for a term of six to nine years.
The taking of a bribe by a person holding a state-political position, in a large amount, or by a group with prior agreement is punishable by imprisonment for a term of seven to eleven years. And an act provided for by these parts, committed by a person convicted of bribery, more than once, with extortion, by an organized group, or in an especially large amount, is punishable by imprisonment for a term of eleven to fifteen years.
The note to the law precisely defines the amounts: a bribe in a large amount is a sum above ten thousand lari in the form of money, securities, other property or property benefit, and a bribe in an especially large amount is a sum above thirty thousand lari.
Giving a bribe and the release of the giver
Giving a bribe — the promise, offer or grant to an official or an equalized person, directly or indirectly, of money, securities, other property, property benefit or another unlawful advantage for the benefit of oneself or another person — is punishable by a fine or by corrective labour for a term of up to two years, or by house arrest for a term of six months to two years, or by imprisonment for a term of up to three years. The same act, committed for the purpose of committing an unlawful act, is punishable by a fine or by imprisonment for a term of four to seven years, and when committed by an organized group — by imprisonment for a term of five to eight years.
The note to the law is particularly important: a person who gives a bribe is released from criminal liability if he or she voluntarily reported it to the body conducting the criminal process; the decision on release is taken by that same body. Likewise, for an act provided for by this norm a legal person is punishable by a fine.
Other compositions of the group
The forcing of an explanation, testimony or a conclusion by an official through threat, deception, blackmail or another unlawful act is punishable by imprisonment for a term of two to five years, with deprivation for up to five years; with violence dangerous to life or health or the threat of such violence, or by an organized group — by imprisonment for a term of five to nine years. Unlawful participation in entrepreneurial activity is punishable by house arrest for a term of six months to two years or by imprisonment for a term of two to four years, with deprivation for up to three years. The acceptance of a legally prohibited gift is punishable by a fine or by community service for a term of one hundred to three hundred hours, or by deprivation for up to three years, or by house arrest for six months to two years, or by imprisonment for up to two years. Official forgery — the entry of false information or a false record into an official document or register, or the preparation or issuance of a false document — is punishable by a fine or by house arrest for six months to two years, or by imprisonment for two to four years.
Directions of the defence in official-crime cases
In official-crime cases the defence always begins with the verification of the subject: whether the person was an official or an equalized person at the moment of the commission. Then the scope of the authority, the purpose and motive of the act, the substantiality of the damage are verified, and in bribery cases — the element of the unlawfulness of the property benefit and its connection with an official act. Most of the evidence is usually documentary material and electronic communications, and the legality of their gathering is a separate subject.
The rules of procedure and the time limits are established by other acts of procedural legislation. Our team offers confidential consultations on official charges at any stage — from the moment of an inspection to the decision of the court. Contact us — we will assess the situation and build a defence strategy.