What Article 182 of the Criminal Code of Georgia regulates
Misappropriation and squandering are property offences provided for by Article 182 of the Criminal Code of Georgia. Under the law, the offence consists in the unlawful misappropriation or squandering of another person's thing or property right, where that thing or property right was in the lawful possession or administration of the misappropriator or squanderer. This last circumstance is the distinguishing feature of the offence: the property had been lawfully entrusted to the person, but he or she used it for personal benefit against the will of the owner.
In practice, this category often concerns employees, managers, accountants, persons responsible for materials, and anyone who held another person's property on an occupational or other basis. If a charge under this article concerns your family, or you are the victim, it is important to know the exact content of every part of the norm.
Two forms — misappropriation and squandering
The law distinguishes two forms of the offence. Misappropriation means such unlawful conduct in relation to another person's thing or property right where the person treats it as his or her own and appropriates the owner's rights. Squandering means the diminution, spending or other disposal of the property against the will of the owner. Both forms are punishable only where the property was in the lawful possession or administration of the misappropriator or squanderer.
Punishment under the first part
The basic composition 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 three to five years. The framework of the punishment is thus broad — from a fine to five years of imprisonment.
The second part — qualified compositions
The second part punishes more strictly the same act when it is committed: by a group with prior agreement; more than once; where it has caused significant damage; or through the use of an official position. In such a case the offender is punishable by a fine or by imprisonment for a term of four to seven years, with deprivation of the right to hold office or to carry out an activity for a term of up to three years.
The third part — the most serious composition
The third part concerns an act provided for by the first or the second part, committed: by an organized group; in a large amount; or by a person who has been convicted two or more times for unlawful appropriation of another's property or for extortion. Such an act is punishable by imprisonment for a term of seven to eleven years, with deprivation of the right to hold office or to carry out an activity for a term of up to three years. A fine is no longer provided in this part.
How a lawyer works on cases under this article
The central questions of the defence are: whether the property was in the lawful possession of the accused; whether the element of unlawfulness existed — conduct against the will of the owner; to what extent the damage in the case was significant; and whether the individual aggravating elements were applied correctly. The analysis of financial documentation, inventory acts and accounting assessments is decisive here.
A lawyer also verifies previous convictions where the case is classified under the third part, and the element of commission by a group — the existence of a prior agreement. On the side of the victim, a lawyer works on the complete documentation of the damage. The rules of procedure and the time limits are established by other acts of procedural legislation.
Our team offers consultations on misappropriation and squandering cases at every stage of the process. Contact us — we will assess your situation and build a defence strategy.
In typical cases the circumstances to be examined emerge quickly: the property was transferred to the person for a defined purpose, that purpose was violated, and the question is whether this was intent or a decision influenced by circumstances. A lawyer verifies the subjective side of the conduct — whether the person had the intent to misappropriate the property, which directly determines the classification. The documentary recording of consent, of the conditions of the transfer and of the purpose is the basis of this analysis.
On the side of the victim, it is important to establish the damage completely and to present it in documentary form, which is also reflected in the individualization of the punishment. Questions of compensation for the damage are regulated by other norms, and their correct consideration is an integral part of the outcome of the case.