Inciting Violence Defense in Georgia | Legal.ge

IncitingViolenceDefense

Is calling for violence on social media a crime?

Yes, if the post creates a clear, direct, and substantial danger of violence occurring, it can be prosecuted under Article 239¹ of the Criminal Code.

Does freedom of speech protect hate speech?

Freedom of speech is broad in Georgia, but it does not protect speech that incites violence or creates an immediate threat to public safety.

What is the penalty for inciting violence?

Penalties range from fines and community service to imprisonment, especially if the incitement was based on racial, religious, or ethnic hatred.

How can a lawyer defend me?

A lawyer can argue that your statement was political expression, lacked the intent to incite real violence, or did not pose an immediate danger ("Clear and Present Danger" test).

Inciting Violence: Legal Defense and Risks

Inciting violent acts is a criminal offense in Georgia that exceeds the boundaries of freedom of expression and poses a real threat to public safety. This charge is often linked to political activity, protests, or statements made on social media that are perceived as encouraging violence. In the modern digital era, where information spreads instantly, a single thoughtless post or public speech can become grounds for criminal prosecution. Accused individuals often fail to realize that their words, spoken in an emotional moment, may be evaluated as criminal acts in the eyes of the law.

Cases in this category are particularly complex because two fundamental values collide here: freedom of speech and public safety. The main task of the defense is to prove that the individual''s statements did not contain a real and immediate threat of violence but rather represented political or social protest. Without a qualified lawyer, the accused faces not only fines but also potential imprisonment, which leaves an indelible mark on their reputation and future.

What Does Defense Against Incitement Charges Cover?

Lawyers registered on the Legal.ge platform offer specialized legal assistance, which includes:

Linguistic and Legal Expertise: The key to success often lies in expertise. The lawyer ensures linguistic analysis of the statements to determine whether the phrases used were a real call to violence or merely an emotional assessment.
Defense of Freedom of Expression: The lawyer evaluates the case through the lens of the Constitution of Georgia and the practice of the European Court of Human Rights to prove that the client''s action was protected by freedom of speech.
Evidence Assessment: Detailed study of video recordings, social media posts, and witness testimonies to establish context.
Court Representation: Active defense during court proceedings, filing motions, and refuting the prosecution''s arguments.
Plea Agreement Negotiation: If necessary, negotiating with the prosecutor''s office regarding sentence mitigation or a suspended sentence.

Common Situations and Real-World Scenarios

Charges of inciting violence can arise in many different situations:

Political Demonstrations: An organizer or participant at a rally uses a microphone to call on people to block government buildings or break through police cordons, interpreted as a call for a violent storming.
Social Media Posts: A status written on Facebook or Twitter where a person calls for physical retribution against a specific ethnic or religious group.
Religious Preaching: A speech by a cleric or leader containing hate speech and calling on the congregation to use violence against "non-believers" or representatives of other confessions.
Sports Events: Fan club leaders calling for attacks on rival team supporters at or near a stadium.

Georgian Legislation and Legal Framework

In Georgia, inciting violent acts is regulated by Article 239¹ of the Criminal Code of Georgia (Incitement to Violent Acts). This article establishes liability for publicly calling for violent acts orally, in writing, or by other means, if this creates a clear, direct, and substantial danger of the violent act being carried out. The legislator emphasizes the existence of "clear, direct, and substantial danger," which allows the defense to argue that the call was abstract and did not create a real risk.

Additionally, inciting violence to incite discord based on race, religion, nationality, ethnicity, social, political, or other grounds is punishable under Article 239 of the Criminal Code. Article 17 of the Constitution of Georgia is also crucial; it protects freedom of opinion and expression but prohibits the incitement of violence and discord. Lawyers also rely on the Law on Freedom of Speech and Expression, which sets a high standard for the punishability of statements.

Process: What to Expect When Working with a Specialist

Working with a lawyer begins with a consultation and review of the case materials. The specialist will evaluate the information you disseminated (video, text) and determine if it contains signs of a crime. During the investigation stage, the lawyer will attend your interrogation to prevent self-incrimination. It is critically important to appoint linguistic expertise, which the lawyer will arrange. In court, the defense will be built on the argument that your words did not pose a real danger and were protected by the Constitution. The lawyer will fight for an acquittal or a minimum sentence.

Why Choose Legal.ge?

Cases of inciting violence require deep knowledge not only of criminal law but also of human rights and constitutional law. Legal.ge gives you access to lawyers who have experience handling such specific cases. Specialists selected through our platform will defend your freedom of expression and ensure fair justice. Find the defender of your rights on Legal.ge.