Forced labor defense in Georgia rests on the human trafficking and labor freedom norms of the Criminal Code. Human trafficking (trafficking) covers the buying or selling of a person or any other unlawful transaction, as well as the recruitment, transfer, harbouring, hiring, transportation, handing-over or receipt of a person for the purpose of exploitation by means of threat, violence or another form of coercion, abduction, blackmail, deception, abuse of a helpless condition or of power, or by giving or receiving payment or benefit to obtain the consent of a person capable of influencing another. Exploitation includes, among others, forced labor or services, forced sexual services, involving a person in criminal activity, prostitution, pornography or other antisocial conduct, the forcible or deceptive removal, transplantation or other use of a human organ, part of an organ or tissue, and placing a person in a condition similar to slavery or in contemporary conditions of slavery — a situation where a person works for the benefit of another with remuneration, inadequate remuneration or without remuneration and cannot change this circumstance because of dependence. Such dependence may be created, among others, by the confiscation, control or deliberate infringement of an identity document, by the restriction or control of free movement, by the restriction or control of communication with family or other persons, including correspondence and telephone contact, or by the creation of a coercive or intimidating environment.
Tiers of punishment for trafficking
The Code sets four tiers of punishment for human trafficking. The basic composition is punished by imprisonment from seven to twelve years, with deprivation of the right to hold a position or carry on an activity for up to three years. Harsher is the composition committed against a pregnant woman, a person in a helpless condition or dependent on the offender, or through abuse of an official position — from nine to fourteen years; committed repeatedly, against two or more persons, by taking the victim abroad, by violence dangerous to life or health, or by a prior-conspiracy group — from twelve to fifteen years; by an organized group or resulting in the victim's death or other grave consequence — from fifteen to twenty years, in every tier with deprivation for up to three years. A legal person is punished by deprivation of the right to carry on activity or liquidation and a fine. Critically, the victim's consent to intended exploitation is of no significance.
Using the services of a victim
A separate crime is knowingly using such services of a trafficking victim as constitute exploitation. The basic composition is punished by imprisonment from three to five years; committed repeatedly, against a pregnant woman, a helpless or dependent person, or through official position — from five to seven years; against two or more persons, by dangerous violence or by a group — from seven to twelve years; by an organized group — from twelve to fifteen years. A person who committed this act is released from criminal liability if, before the start of the investigation, he or she voluntarily supplied information to the investigating bodies in writing or by any technical means of communication, facilitated the conduct of the investigation, and his or her act contains no signs of another crime.
Obstruction of freedom of labor
Closely linked to forced labor is obstruction of the freedom of labor — obstruction of any lawful labor activity by violence or the threat of violence. This crime is punished by a fine or corrective labor for up to one year or imprisonment for up to two years. In defense practice all three norms interlock: what appears as forced labor under one qualification may be obstruction of labor freedom or trafficking under another, and the exact qualification radically changes the sentence. For the defense three questions are decisive: whether a purpose of exploitation existed; whether one of the listed forms of coercion was used, including the measures that create dependence — confiscation of documents, restriction of movement, control of communication, an intimidating environment; and whether the facts correspond to the aggravating signs of the composition.
Frequently asked questions
What counts as forced labor?
Forced labor or services are one form of exploitation; the victim's consent to exploitation is of no significance.
What punishment follows trafficking?
The basic composition — imprisonment from seven to twelve years; with aggravating circumstances — from nine to fourteen, twelve to fifteen and fifteen to twenty years, with deprivation for up to three years.
Is release from liability possible?
When using a victim's services — yes, if before the investigation began the person voluntarily informed the bodies and facilitated the investigation.
What is the punishment for obstructing labor freedom?
A fine, corrective labor for up to one year or imprisonment for up to two years.
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