Excessive force is regulated in the Georgian Criminal Code by three distinct sets of norms: exceeding the necessary measures during the arrest of an offender, excess of official authority, and degrading or inhuman treatment. Together they form the legal framework against which the lawfulness of force used by a representative of authority or any other person is measured. For the victim, these norms are a legal instrument against unlawful force; for the defence, they allow the precise boundaries of liability to be drawn. The assessment of each episode depends on its concrete circumstances, which makes detailed legal analysis decisive in these cases.
Arrest of an Offender and Exceeding Necessary Measures
Article 29 of the Criminal Code governs the arrest of an offender: a person who, for the purpose of bringing an offender to an organ of authority, arrests him or her without exceeding the measures necessary for this purpose does not act unlawfully. Under the same article, exceeding the necessary measures for the arrest of an offender means an obvious disproportion between those measures and the gravity of the crime committed by the person to be arrested and the circumstances of the arrest. This criterion — proportionality — is the line that separates a lawful arrest from unjustified force: responding to a minor offence with severe force cannot qualify as a justified act.
Excess of Official Authority
Article 333 of the Criminal Code establishes liability for the excess of official authority by an official or a person equated to him or her, which has caused a substantial violation of the right of a natural or legal person, or of the lawful interest of society or the state. Such an act is punished by a fine or arrest for a term of six months to two years, or imprisonment for up to three years, with deprivation of the right to hold office or to carry out activity for up to three years. The same act committed by a person holding a state-political office is punished by a fine or imprisonment for a term of three to five years, with deprivation of the right to hold office or to carry out activity for up to three years. Where the act is committed more than once, with violence or the use of weapons, or with violation of the victim's personal dignity, it is punished by imprisonment for a term of five to eight years, with deprivation of the right to hold office or to carry out activity for up to three years.
Degrading or Inhuman Treatment
The Criminal Code declares the humiliation of a person, or coercion into an inhuman situation degrading to honour and dignity that causes strong physical or mental pain or moral suffering, to be a separate offence. Such an act is punished by a fine or imprisonment for a term of three to seven years, with restriction of arms-related rights or without it. The aggravating composition arises where the act is committed by an official or an equated person, through the use of official position, more than once, against two or more persons, by a group, in violation of equality, against a pregnant woman known in advance to the offender, a minor, a detained or otherwise liberty-restricted person, a person in a helpless state or a dependent person, by order, or in connection with hostage-taking — in such cases imprisonment of five to ten years is prescribed, together with a fine and deprivation of the right to hold office or to carry out activity for up to five years or without it.
The Legal Perspective of the Dispute
In excessive force cases, the investigation and the court assess the grounds for the use of force, its proportionality, the victim's situation and the official connection. Other forms of liability — including compensation for damage — are determined by separate provisions. The most frequently asked questions are collected below.
When is an arrest lawful?
When the offender is arrested for the purpose of being brought to an organ of authority and the measures necessary for this are not exceeded. Exceeding them means an obvious disproportion to the gravity of the crime and the circumstances of the arrest.
What punishment follows excess of authority involving violence?
Excess of official authority committed with violence or the use of weapons, more than once, or with violation of personal dignity is punished by imprisonment for a term of five to eight years.
Who can be the perpetrator of inhuman treatment?
Any person; commission by an official or an equated person and the use of an official position are treated as aggravating circumstances.
The sanctions are graded in the law: excess of official power causing substantial violation is punished by a fine, house arrest from six months to two years, or deprivation of liberty up to three years; by a state-political official — from three to five years; with violence, use of weapons, repeatedly or with degradation of dignity — from five to eight years. Degrading treatment is a separate composition punished from three to seven years.
What is exceeding the necessary measure in apprehending an offender?
An obvious disproportion of that measure to the gravity of the crime committed by the person apprehended and to the circumstances of the apprehension; where the measure is exceeded, the act does not operate as justified.
How We Help on Legal.ge
The Legal.ge team analyses excessive force episodes in every detail: the lawfulness of the use of force, its proportionality and the official connection. Get qualified assistance with protecting victims' rights and with defence on Legal.ge.