Article 371: Refusal of a Witness or Victim to Give Testimony
Article 371 of the Criminal Code of Georgia concerns the situation where a witness or a victim refuses to give testimony. This page is written for people — and their family members — who find themselves involved in a case under this article. It explains what this particular norm says: what conduct is a crime, what punishments are provided, and, most importantly, who is expressly exempted from liability. Every conclusion on this page rests on the text of the article itself; the rules of investigation and trial, the procedure for giving testimony and other procedural matters are not regulated by this article — they are determined by other norms of the Code and other laws.
The article is short, but its two elements — the list of alternative punishments and the exemption note — are decisive for how a case develops. Both are examined in detail below.
What Refusal to Give Testimony Means Under This Article
Under the text of the article, the crime is the refusal of a witness or of a victim to give testimony. The subject of the offence under this norm is limited to two categories of persons — a witness and a victim. This detail is the first thing the defense examines: if a person held a different status in the case rather than that of witness or victim, the question of liability under this article stands differently. Attention is also paid to the fact of the refusal itself: the article criminalizes precisely the refusal to give testimony, and not some other conduct.
At the same time, the article deliberately leaves many questions unaddressed: it does not say how a person is to be summoned and charged with giving testimony, in what form a refusal is recorded, which body draws up the protocol and within which deadlines the case proceeds. These rules are determined by other norms, and this is precisely why the defense has to work in both dimensions — the substantive criminal one and the procedural one. Below, this page sets out only what is established directly by the text of the article.
The Punishment: Alternatives and Imprisonment
The article states the punishment in several alternative forms, and each of them must be understood separately. The exact list from the text is:
- a fine;
- community labor for a term from one hundred twenty to one hundred eighty hours;
- corrective labor for up to one year;
- imprisonment for up to six years.
So for one and the same conduct the law provides everything from a fine to a markedly severe punishment — imprisonment for up to six years. Within this span lies the essence of the defense work: the concrete form and measure of punishment depend on the circumstances of the case, and the proper presentation of those circumstances is an integral part of every case. Note also the structure of the list: a fine and community labor are expressed in an hourly dimension, corrective labor carries a yearly limit — up to one year — and the upper limit of imprisonment is six years. Which alternative is chosen in a concrete case is not determined by the text of this article; that question is resolved by other norms and by the specific circumstances of the case.
The Exemption Note: Who Is Not Punished
The note to the article writes out two important exempting situations. Released from criminal liability are:
- a person who refused to give testimony against himself or herself or against a close relative;
- a victim of human trafficking (trafficking) — for the duration of the reflection period.
The first situation means that a refusal to testify against yourself or your close relative is by law exempt from liability. The second protects a victim of trafficking during the reflection period — the duration of that period is not defined within the article itself and its calculation is regulated by other norms. Nor does the text of the article explain who belongs to the circle of close relatives — that concept, too, is defined by other legislation, and this is exactly why a lawyer's involvement is needed to record the circumstance correctly. For the defense, both points are direct legal grounds: if your refusal falls within one of these situations, that circumstance must be requested and recorded in the case materials.
How a Defense Lawyer Works on an Article 371 Case
Defense on cases under this article works in three directions. First, verification of the subject's status: whether the person was a witness or a victim at the moment of the refusal. Second, analysis of the fact of refusal itself: whether the refusal was recorded in a form capable of being treated as a crime under this article. Third, application of the exemption note: whether the refusal concerned oneself, a close relative, or the status of a trafficking victim. Procedural deadlines, the procedure for summoning testimony and other orderly questions are determined by other norms, so assessing your concrete situation requires consultation with a lawyer.
On Legal.ge you can review defense lawyers working on criminal cases, compare their experience and contact them directly. A timely consultation will help you assess your position correctly and avoid unnecessary risk.