The Concept of Theft and the Basic Sanction
Theft is the secret appropriation of another's movable property with the aim of unlawful appropriation. The first part of this composition is punished by a fine or house arrest for six months to one year, or by imprisonment for one to three years. Secrecy is the distinguishing sign: the act is committed in such a way that the owner of the thing does not notice it. It is precisely this circumstance that separates theft from robbery and from other crimes against property, and the boundaries of qualification move along exactly these signs. An accusation often begins with the first part and then climbs to graver parts, so verifying every sign is the defense's first task.
Significant Damage and Entry into Storage
The same act that caused significant damage, or committed through unlawful entry into premises or other storage, is punished by house arrest for one to two years or imprisonment for three to five years. Within this chapter of the Code the law treats as significant damage the value of property above 150 GEL. This means that the amount of damage here is not merely a question of restitution but a precondition of qualification: the secret appropriation of property worth up to 150 GEL and of value beyond that threshold are punished under different parts. The sign of unlawful entry into premises or storage must be proven separately — mere presence at the place does not yet mean unlawful entry, and the boundary is drawn on the evidence of how access was obtained.
Group Commission, Repetition and Other Signs
The third part punishes the same act committed by a group by prior conspiracy, repeatedly, through unlawful entry into a dwelling, or against a vehicle — imprisonment for four to seven years. A crime is considered repeated where it was preceded by the commission of any crime provided for by this article and by other articles of the Code, which is a separate legal fact, and every preceding episode must be established documentary. The fourth part concerns acts committed by an organised group, in large amount, by a person twice or more convicted for unlawful appropriation of another's property or for extortion, or against oil or gas in a trunk pipeline — the sanction here is imprisonment for six to ten years. Each of these signs subjects the accusation to a separate test of proof.
The Qualifying Force of the Large Amount
Within this chapter a large amount is the value of property above 10,000 GEL. The large amount is a sign of the fourth part, so the establishment of the thing's value — appraisal, market price, accounting for wear — enters directly into the determination of the sanction. Documents of value, purchase records and the method of appraisal are often precisely the point where a fourth-part charge cracks down to the second or third part. In such cases the defense task is the verification of unverified figures and the exact application of the statutory thresholds: one wrongly established value can decide years of liberty.
Defense Tasks at the Investigation Stage
A theft case is built on witness accounts, the fate of the thing and the establishment of its value. The defense checks all three blocks in parallel: whether the sign of secrecy is proven, whether the established value fits the statutory thresholds, and whether factual data confirm each qualifying sign. The answers to these questions decide which part's sanction applies — from a fine to imprisonment for six to ten years — and this is why defense work begins at the start of the investigation, before the charge is finally formulated.
The method of establishing value ties the whole architecture of the sanction together: the 150 GEL threshold carries the charge up to the second part, the 10,000 GEL threshold up to the fourth, and between these two thresholds the signs of the third part operate — group commission, repetition, entry into a dwelling, a vehicle. Therefore the defense’s first task is to check the documents of value: the purchase record, the source of the price, the accounting for wear. The second is the chronology of episodes: repetition stands only where the preceding episodes are separately established and documented. The third is the verification of the previous-conviction sign: it requires conviction twice or more for unlawful appropriation of another’s property or for extortion, and this is proven by archival records.
Frequently Asked Questions
The most frequent questions in theft cases, with short answers.
What value counts as a large amount?
The value of property above 10,000 GEL; significant damage is the value of a thing above 150 GEL.
What punishment is provided for theft in large amount?
Imprisonment for six to ten years, because the large amount is a qualifying sign of the fourth part.
What distinguishes the parts from each other?
The significance of damage, the place of entry, grouping, repetition, an organised group, the large amount and prior convictions — each sign must be proven separately.
Which part applies to entry into a dwelling?
The third part — four to seven years; unlawful entry into premises or other storage is a sign of the second part — three to five years.
How We Help on Legal.ge
In a theft case everything is decided by qualification — on which part the charge stands and what value is assigned to the thing. Our team will help you verify the signs of the accusation, clarify the value and build the defense position. Contact us for an assessment tailored to your situation.