The Compositions of Electoral Crime
The criminal protection of the electoral sphere rests on neighbouring but distinct compositions, and the first step in answering a charge of election fraud is to distinguish them. The relevant provisions of the Criminal Code of Georgia cover bribery of a voter, participation on the basis of a forged document, deliberate falsification of electoral documents, and influence on a voter's will. Each has its own objective and subjective elements, and it is precisely within these distinctions that the defence's opportunities lie.
The formulation in the title of this page — falsification of electoral documentation — corresponds to the norm that criminalises deliberate falsification. Deliberateness is the central word: a technical error, carelessness or a formal defect in a detail insignificant for the case remains outside the crime. The defence's task is to show that the accused's act was not a conscious falsification, and until the prosecution proves otherwise, the presumption of innocence works in the accused's favour.
Bribery of a Voter and Its Boundaries
The composition of bribery is broad: for an electoral purpose, the direct or indirect offer, promise, transfer or rendering of money, securities, other property, property rights, services or any other advantage, or the acceptance thereof with prior knowledge. The sanction depends on value: where the value of the transaction does not exceed 100 GEL, the offence is punished by a fine; where it exceeds 100 GEL — by imprisonment for up to three years or a fine. The valuation of the transaction is therefore itself a battleground for the defence.
The law clearly limits the scope of the charge. Property does not include low-value campaign accessories of a political association — t-shirts, caps, hats, flags and similar items. No liability attaches to the offering or giving of low-value gifts within a festive event, with a total value not exceeding 5 000 GEL per year. A person is also exempt who voluntarily reported such an offer to the body conducting the criminal process. Political promises related to the future allocation of budget funds and the future implementation of state policy are not criminal either.
Participation on a Forged Document
A separate provision establishes liability for participating in elections, a referendum or a plebiscite on the basis of another person's identity document or a forged document, and for voting more than once. This act is punished by imprisonment for up to two years. The defence knot here is the authenticity of testimony and documents: such cases often rest on the recollections of election commission members, which require independent verification rather than unquestioned acceptance.
Deliberate Falsification of Electoral Documents
The norm that directly corresponds to this page criminalises the deliberate falsification of election-related documents: electoral lists, protocols, ballots, registration journals and control sheets. The punishment is imprisonment for up to two years. The list of documents is closed, and incrimination in respect of another document is a mistake of qualification. Proving deliberateness is the prosecution's burden — a defective signature, a correction or an accounting discrepancy does not by itself establish an intent to falsify.
Influence on a Voter's Will
The fourth composition — influence on a voter's will and violation of the secrecy of the ballot — unfolds into multiplied sub-compositions. Committed by coercion or threat, it is punished by a fine, house arrest from six months to one year, or imprisonment for up to two years. Committed by violence or through the exploitation of material or official dependency — by a fine, house arrest from six months to two years, or imprisonment for up to three years. Committed repeatedly, against two or more persons, or by a group — by imprisonment for up to four years.
For a legal person (other than a party, which bears no criminal liability), the bribery-type acts entail liquidation or deprivation of the right to carry out activity and/or a fine. The organisational role and the personal role are valued differently, and this distinction too is a defence instrument.
The defence in electoral cases unfolds along three main lines: distinguishing the composition (whether the act imputed existed at all); rebutting deliberateness (a technical error lies outside the crime); and testing the reliability of the evidence (independent examinations, criticism of commission members' testimony, analysis of video material). Success on each line, separately or in combination, reduces the qualification or entirely exonerates the accused.
Frequently Asked Questions
Is every gift a bribe?
No. Campaign accessories and gifts within festive events with a total value of up to 5 000 GEL per year do not attract liability.
Which is punished more severely — above or below 100 GEL?
A transaction up to 100 GEL is punished by a fine; above that amount — by imprisonment for up to three years or a fine.
Falsification of which documents is a crime?
Electoral lists, protocols, ballots, registration journals and control sheets — where deliberate, punishable by imprisonment for up to two years.
What happens with group influence on voters?
Committed repeatedly, against two or more persons, or by a group, the act is punished by imprisonment for up to four years.
How We Help on Legal.ge
The advocates of Legal.ge defend accused persons on all compositions of electoral crime: we analyse the qualification, dismantle the allegation of deliberateness, and commission independent examinations. Contact us at any stage of the case.