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  4. Medical Criminal Law (Malpractice)
  5. Illegal Abortion Defense

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Medical Criminal Law (Malpractice)

Illegal Abortion Defense

What is the penalty for illegal abortion?

Community service of one hundred twenty to three hundred hours, house arrest from six months to two years, or imprisonment from one to two years. An act committed by a previously convicted person or causing a grave consequence — from two to five years; one causing death — from four to six years, with deprivation of the right to hold a position and/or carry out an activity.

What is an illegal abortion?

Performing an abortion in violation of the procedure established by law — in an impermissible place, term or by an unauthorized person. An intervention performed within the rules gives rise to no criminal liability.

What does “another grave consequence” mean?

It is an evaluative concept: it implies such damage to health as is established by medical expert examination. Permanent infertility is named by the legislator separately — it is the most typical grave consequence.

Can a physician be barred from practice?

Yes — in the second and third compositions the penalty is joined by deprivation of the right to hold a position and/or carry out an activity for up to three years, which restricts the possibility of continuing medical practice.

When should I hire a lawyer?

Immediately, as soon as the fact of the intervention falls under the attention of the investigation — the first medical documentation and expert examination determine the entire further process.

5 min·10 Jan 2026

What the Article on Illegal Abortion Covers

Article 133 of the Criminal Code of Georgia covers illegal abortion — the performance of an abortion in violation of the procedure established by law. The legislation regulates abortion by separate medical and legal rules: they define where, within which terms and by whom it may be performed. Violation of these rules — performance in non-medical conditions, by an unsuitable person or within impermissible terms — is precisely the target of this article. The article simultaneously protects the health and life of the pregnant woman: the penalty rises sharply where the abortion is followed by permanent infertility, another grave consequence or the patient’s death.

In practice, such cases often begin against the backdrop of a complication: the patient applies to a hospital with a complication, it is established that the intervention was performed in unsanctioned conditions, and the investigation quickly turns into a charge. The accused’s position here is especially difficult, because the case combines medical and criminal aspects and requires, within the legal frame, a detailed analysis of medical documentation.

Updated: 10 Oct 2026

Legal basis:

  • საქართველოს სისხლის სამართლის კოდექსი