Health Code Violation Defense (Article 248)
Violation of sanitary-epidemiological rules resulting in mass illness or poisoning is a criminal offense (Article 248 of the Criminal Code). In the post-pandemic era, public health protection is under strict control. This article applies not only to medical facilities but also to beauty salons, gyms, pools, and any entity where hygiene violations can spread infection. Charges can be brought against managers or staff who violated sterilization or isolation rules. Beyond criminal liability (fines, house arrest, or imprisonment), violations lead to facility closure and license suspension. Defense requires knowledge of epidemiological standards and proving that the facility was not the source of the disease.
What Does This Service Cover?
Lawyers listed on Legal.ge offer specialized defense:
- Epidemiological Investigation: Involving independent experts to trace the infection source. Often, a client already had the disease (e.g., Hepatitis C) and falsely blames the salon.
- Sterilization Log Audit: Checking documentation to prove adherence to sanitary norms.
- Breaking Causal Link: Proving that the spread of disease was not directly linked to the specific violation.
- Administrative Defense: Appealing sanctions imposed by the Ministry of Health''s Regulatory Agency.
Common Scenarios and Real-World Situations
Article 248 applies in:
The first scenario is "Beauty Salon." A client claims infection during a manicure. The salon is accused of sterilization failures. Defense verifies equipment and logs.
The second scenario is "Hospital Infection." A patient gets infected in a ward. Hospital management is blamed for poor hygiene.
The third case is "Isolation Rules." Breaking quarantine rules during an epidemic, causing virus spread.
Georgian Legal Framework
Regulations:
- Criminal Code: Article 248 (Violation of Sanitary-Epidemiological Rules).
- Law on Public Health: Sets sanitary norms.
- Technical Regulations: Hygiene rules for salons, pools, etc.
Service Process Step-by-Step
- Inspection Review: Analyzing the regulator''s report.
- Expertise: Lab testing of instrument sterility.
- Court: Refuting charges.
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