Unlawful hunting — what Article 301 provides
Article 301 of the Criminal Code of Georgia regulates liability for unlawful hunting. Under the law, the first part concerns hunting without an appropriate permit, or in a prohibited place or at a prohibited time, or with a prohibited weapon or means, which has caused significant damage. The first form of the offence is thus built on four elements — the absence of a permit, place, time or weapon — and is accompanied by the consequence of significant damage.
The second part defines stricter compositions: hunting in a state reserve or another protected territory where hunting is entirely prohibited; with mechanical transport or means of mass destruction; on game birds included in the Red Book of Georgia or in a helpless condition; as well as during a state of environmental emergency or in an ecological disaster zone.
The punishment under both parts
An act provided for by the first part is punishable by a fine, or by corrective labour for a term of up to two years, or by imprisonment for a term of up to one year, with deprivation of the right to hold office or to carry out an activity for a term of up to three years or without such deprivation. Under the second part — by a fine, or by corrective labour for a term of up to two years, or by imprisonment for a term of up to three years, with deprivation for a term of up to three years.
Directions of the defence
In such cases a lawyer verifies: whether a permit existed and within what limits; whether the conduct took place in a prohibited place or at a prohibited time — the status of the territory and the time restrictions are recorded in documents; and how well-founded the assessment of significant damage is. In the first part the element of the consequence is necessary, and the calculation of the damage rests on an expert assessment — its detailed review often changes the classification.
Where hunting concerns a species included in the Red Book, the identification of the species and the extent to which the hunter could have known of it are verified separately. The rules of procedure and the time limits are established by other acts of procedural legislation.
Our team offers consultations on hunting-related cases at every stage. Contact us — we will assess the situation and build a defence position.
In practice, most such cases begin with an act drawn up on the spot by an inspector, and it is precisely in this document that the circumstances on which the whole case is later built are recorded: the place, the time, the weapon and what was obtained. A lawyer verifies the formal correctness of the act, the manner of identification, and what determined the status of the territory at the concrete moment. The boundaries of a territory and their marking are often a disputed issue, and the detailed analysis of the documentary grounds is decisive here.
The question of the permit requires similar attention: a permit is issued for defined conditions — species, quantities, territory and time. If the conduct remained within those conditions, its classification becomes doubtful. Our team offers consultations on such cases — contact us.
In hunting cases the legality of the inspector's actions is also important: identification, verification and the drawing up of the act are done in a defined manner, and a violation of that manner makes the act doubtful. A lawyer works on revealing each such defect separately, because precisely these details create the mainstay of the defence. Where a Red Book species is involved, the person's awareness — whether he or she could have known of the species' status at the moment of commission — is a separate question reflected in the classification. Contact us — we will assess your case.
Our team's experience in hunting and ecological cases covers both defence and the assessment of the state's position. Contact us — at the very first meeting we will assess the prospects of the case, develop the vision of the defence and define the steps that are most effective in your situation.