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.