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  3. Public Order, Organized Crime & State
  4. Organized Crime & Thieves in Law
  5. Criminal Conspiracy Defense

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Organized Crime & Thieves in Law

Criminal Conspiracy Defense

What is the difference between a group and a group acting with prior agreement?

A crime is treated as committed by a group where two or more perpetrators participated jointly in its execution without prior agreement, whereas a group with prior agreement presupposes that the participants conspired before the commission to commit the crime jointly. The existence of the agreement must be proven by the prosecution, and it is on this feature that the defense strategy often turns.

Is an accomplice liable for the perpetrator's excess?

No. Perpetrator excess is the commission of an unlawful act not covered by the intent of the other co-perpetrator or accomplice, and for such excess the other participant bears no criminal liability.

Who is considered an organizer, an instigator and an abettor?

An organizer is the person who arranged the commission of the crime or directed its execution, including the creator or leader of an organized group. An instigator is the person who persuaded another to commit an intentional crime, and an abettor is the person who facilitated its commission.

Can using a non-responsible person amount to perpetration?

Yes. A perpetrator is also the person who committed the crime through another person who, due to age, insanity or other circumstances, cannot bear criminal liability. Such a directing person is charged as a perpetrator.

5 min·10 Jan 2026

Group Crime and Why Its Classification Matters

Criminal charges often rest on the group form of an offence, because a person's role and the character of their participation in a joint crime directly determine the scope of the accusation and the likely sentence. The general part of the Criminal Code of Georgia regulates this field through a complete system of norms: it defines perpetration, the elements of complicity, the types of accomplice, the rules for distributing liability, perpetrator excess, and the forms of group crime. For the defense these norms are the decisive instrument: on the same facts one person may be treated as a perpetrator and another merely as an abettor, and that difference is reflected in both the charge and the punishment.

Updated: 10 Oct 2026

Verified against current law: 9 Jul 2026

Legal basis:

  • საქართველოს სისხლის სამართლის კოდექსი