Epidemic Control Violations Defense | Legal.ge

EpidemicControlViolations

When does a violation become a criminal offense?

Criminal liability arises if the violation causes mass illness, severe health damage, death, or creates a real danger of such consequences.

What is the penalty for violating isolation?

For a first offense, an individual faces an administrative fine (e.g., 2000 GEL). Repeated violations lead to criminal liability.

Can my business be closed for sanitary violations?

Yes, if the violation poses a threat to public health, the state has the right to temporarily suspend the facility''s operations until the issues are resolved.

Can I appeal the fine?

Yes, an administrative fine can be appealed in court within 10 days of receiving the protocol.

Introduction: Public Health and Legal Liability
Epidemiological safety is a top priority for the state. Legislation strictly regulates sanitary and epidemiological rules, violations of which, especially during states of emergency or pandemics, entail not only administrative but also criminal liability. Epidemic control violations involve actions that cause or create a risk of spreading infectious diseases. Although the peak of the COVID pandemic has passed, the law remains strict regarding any epidemiological risks. The accused need qualified defense to refute charges, especially when establishing a causal link between the action and the spread of the virus is crucial.

What Does This Service Cover?
Our service assists individuals and businesses accused of violating epidemiological rules. The service includes:

Criminal Defense: Representation in cases under Article 248 of the Criminal Code of Georgia (Violation of sanitary or epidemiological rules).
Appealing Administrative Fines: Legal assistance in appealing high fines imposed for violating isolation or quarantine rules (including fines imposed on businesses).
Protecting Business Interests: Defense in cases of forced closure or suspension of business activities due to alleged violations of sanitary norms.
Causality Research: Obtaining expert opinions to prove that a specific action did not cause the spread of the disease or severe consequences.
Constitutional Disputes: Challenging the constitutionality of government restrictions in the Constitutional Court if necessary.

Common Situations and Scenarios
Epidemic control violations often manifest in the following situations:

Violation of Isolation Rules: An infected person left the place of self-isolation, which caused or could have caused others to become infected.
Business Operation During Ban: A restaurant or club continued to operate despite government-imposed restrictions (lockdown).
Violation of Sanitary Norms in Institutions: Hygiene norms were violated in a hospital, laboratory, or educational institution, leading to an infection outbreak.
Hazardous Waste Management: Improper disposal of medical waste, creating a risk of spreading an epidemic.

Georgian Legal Framework
The main regulatory act is the "Law of Georgia on Public Health", which defines epidemiological rules. Criminal liability is provided by Article 248 of the "Criminal Code of Georgia". This article imposes liability for violating sanitary or epidemiological rules resulting in mass illness, severe consequences, or death. Additionally, the "Code of Administrative Offenses of Georgia" (Article 42-10) is in force, providing fines for violating isolation and quarantine rules. The prosecution must prove that the person''s action was directly linked to the severe consequence, allowing the defense to work effectively.

Step-by-Step Process
1. Recording the Violation: Law enforcement or regulatory bodies record the violation and draw up a protocol.
2. Legal Proceedings: In case of severe consequences or repeated violations, criminal prosecution begins.
3. Evidence Gathering: The lawyer collects video recordings, witness testimonies, and epidemiological data.
4. Court Dispute: The process takes place in court, where the guilt and punishment are decided.
5. Appeal: Appealing the decision to higher instances.

Why Choose a Specialist on Legal.ge?
Epidemiological crimes are a relatively new and specific field in Georgian law. Legal.ge gives you access to lawyers with practical experience in crimes against public health. They will help you avoid disproportionate punishment and protect your rights before the state machinery. Find your defender on Legal.ge.