Article 239: Hooliganism — Elements and Punishments
Article 239 of the Criminal Code of Georgia establishes liability for hooliganism. Under the article's definition, hooliganism is an act that grossly violates public order and expresses manifest disrespect toward society, committed with violence or the threat of violence. This page is written for those involved in a case under this article — whether as the accused or as the victim — and explains the full content of the norm. Every detail here rests on the article's own text; procedural rules and other matters it does not regulate are determined by other norms.
The article consists of three parts, and its central challenge is precisely the boundary between them — the punishment grows from imprisonment of up to one year to a term from four to seven years depending on the aggravating features.
The Basic Composition: What Hooliganism Means
The first part defines hooliganism through its essential elements:
- the act grossly violates public order;
- it expresses manifest disrespect toward society;
- it is committed with violence or the threat of violence.
For the defense this definition raises three separate questions: whether the violation of order was truly gross, whether the act genuinely expressed manifest disrespect toward society, and whether violence or its threat existed. Without any one of these elements, the elements of the offence under this article are not made out.
The Punishment of the First Part: The Full List of Alternatives
The first part states the punishment in several alternative forms, and each must be read separately:
- a fine;
- community labor for a term from one hundred twenty to one hundred eighty hours;
- corrective labor for up to one year;
- home arrest for a term from six months to two years;
- imprisonment for up to one year.
As you can see, the legislature's choice within this part is broad — from a fine to imprisonment. Which alternative is chosen in a concrete case is not determined by the text of the article: it depends on the circumstances of the case and is resolved under other norms.
The Second Part: Three Aggravating Features
The second part attaches a stricter punishment to the same conduct when any of three features is present:
- committed by a group under a prior agreement;
- directed against a representative of authority or against another person suppressing hooliganism;
- committed by a person convicted for hooliganism.
The punishment under this part is a fine, community labor for a term from one hundred eighty to two hundred hours, corrective labor for a term from one to two years, or imprisonment for a term from two to five years. Note the second feature: the article protects not only a representative of authority but also any other person suppressing hooliganism. The third feature — commission by a person convicted for hooliganism — requires the prosecution to establish the prior conviction precisely.
The Third Part: Use of a Weapon
The third part attaches the strictest punishment to conduct provided for by the first or second part when it is committed using a firearm or another object used as a weapon. The punishment under this part is imprisonment for a term from four to seven years. For the defense two separate questions arise here: whether the object or device used really functioned as a weapon, and whether it was actually used during the conduct. The formulation "another object used as a weapon" is directly in the text, and grasping it precisely is the foundation of the qualification.
Punishments Under Each Part, Separately
The complete picture of punishments part by part is as follows:
- first part — a fine, or community labor from one hundred twenty to one hundred eighty hours, or corrective labor for up to one year, or home arrest from six months to two years, or imprisonment for up to one year;
- second part — a fine, or community labor from one hundred eighty to two hundred hours, or corrective labor from one to two years, or imprisonment from two to five years;
- third part — imprisonment for a term from four to seven years.
A comparison shows the role of the features plainly: the hourly frame of community labor rises in the second part, the term of corrective labor doubles, and in the third part the fine disappears from the list of alternatives altogether.
How a Defense Lawyer Works on a Hooliganism Case
The defense first establishes under which part the accusation is formulated and which feature is embedded in it. Then it checks separately: the grossness of the violation of order, the manifest character of the disrespect, the fact of violence or threat, the group agreement, the status of the victim, the prior conviction and the existence of an object used as a weapon. Each of these elements demands separate evidence, and their precise examination often releases a person from liability under this article entirely or reduces the charge to a lighter part. The rules and deadlines of the proceedings are not determined by this article — they are regulated by other legislation.
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