Hooliganism Defense (Article 239): Criminal vs. Administrative Liability
Hooliganism under Georgian law can be either an administrative offense (Petty Hooliganism - Article 166) or a criminal offense (Article 239). Criminal liability arises when the act grossly violates public order and expresses clear disrespect for society, accompanied by violence or the threat of violence. Often, a simple street fight or verbal altercation can be qualified as criminal hooliganism if a group was involved or an object was used as a weapon. This leads to serious consequences, including imprisonment and a criminal record. A lawyer''s role is to distinguish criminal offense from administrative misconduct and protect the client from excessive charges.
Legal.ge offers lawyers specializing in hooliganism and public order crimes. Our experts will help you with the correct qualification of the case and minimizing the sentence.
What Does Hooliganism Defense Service Cover?
The lawyer''s service focuses on reclassification and mitigation:
- Reclassification: Fighting to qualify the act as an administrative offense (petty hooliganism), which does not result in a criminal record or imprisonment.
- Refuting Violence: Violence or threat is necessary for criminal liability. The defense will try to prove this did not happen.
- Excluding Weapon Use: If the charge involves a weapon or an object used as one (e.g., stone, stick), the lawyer will try to refute this circumstance, significantly mitigating the charge.
- Witness Testimonies: Finding neutral eyewitnesses to confirm the real picture of the incident.
- Plea Bargaining: Negotiating with the prosecution for probation or a fine.
Common Scenarios
Charges are often related to:
- Street Fight: Physical confrontation in a public place.
- Clubs and Bars: Conflict with security or other guests under the influence of alcohol.
- Road Rage: Confrontation between drivers escalating into physical abuse.
- Group Incident: Participation of several persons in a conflict.
Georgian Legal Framework
Article 239 of the Criminal Code provides for a fine or imprisonment for up to 1 year. If committed by a group or against a representative of authority, the sentence is 2 to 5 years. Hooliganism committed with a weapon is punishable by 4 to 7 years in prison. It is important that the act be public and violate public order.
Steps in the Process with a Specialist
Working with a lawyer includes:
- Video Footage: Obtaining camera recordings.
- Strategy: Reclassification to administrative offense.
- Negotiation: Reconciliation with the victim (if any).
- Court: Defense during the trial.
Why Legal.ge?
In hooliganism cases, the line between administrative and criminal liability is often thin. Legal.ge connects you with lawyers who will help you avoid a criminal record.
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