Insult and Petty Hooliganism Defense in Georgia | Legal.ge

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Is swearing in public illegal in Georgia?

Yes, swearing in public places that disturbs public order is considered "Petty Hooliganism" (Art. 166) and can result in fines or detention.

What is the penalty for petty hooliganism?

Penalties range from a fine of 500 to 1000 GEL up to 15 days of administrative imprisonment. The exact punishment is decided by a judge.

Will I have a criminal record?

No, petty hooliganism is an administrative offense, not a crime. It does not result in a criminal record, but it is recorded in police databases.

Can I appeal the fine?

Yes, administrative court decisions can be appealed to the Court of Appeals within a specific timeframe (usually 10 days). A lawyer can help draft the appeal.

Insult and Petty Hooliganism: Administrative Defense

In Georgia, verbal insults in a public place are not just ethical violations; these acts qualify as petty hooliganism and lead to administrative liability. Although this is not a criminal crime (unless it escalates into a more serious act), the consequences can be quite severe, ranging from a substantial fine to administrative detention of up to 15 days. Often, citizens do not realize that swearing on the street, harassing citizens, or otherwise violating public order triggers an immediate response and arrest by law enforcement. Petty hooliganism cases are heard in court in an expedited manner (often within 24-48 hours of arrest), leaving little time to prepare a defense.

In these types of cases, the role of a lawyer is crucial because police testimony is often the only evidence presented. The lawyer must ensure that the court listens to the defense''s arguments, views alternative video recordings, and does not make a decision based solely on the police protocol. Legal assistance is particularly important to avoid administrative detention (jail time).

What Does Service for Petty Hooliganism Cases Cover?

Lawyers on Legal.ge offer operational assistance for cases under Article 166 of the Administrative Offences Code:

Urgent Visit to Detention Center: If the person is detained, the lawyer immediately goes to the temporary detention isolator, meets the detainee, and establishes the factual circumstances before the court hearing.
Checking Protocol Legality: The lawyer studies the administrative offense protocol. Protocols are often drafted with flaws, which can become grounds for dismissing the case.
Presenting Evidence: Finding and presenting video recordings, witnesses, and other evidence in court to prove that the person did not violate public order.
Court Representation: Protecting interests during the court hearing. The lawyer petitions for a minimum fine or a verbal warning instead of imprisonment.
Appeal: Appealing the decision of the first instance court to the Court of Appeals if the decision is unfair.

Common Situations and Real-World Scenarios

Accusations of petty hooliganism can be brought against anyone in everyday situations:

Street Arguments: An argument between drivers in traffic accompanied by swearing and shouting. Police qualify this under Article 166.
Noise While Intoxicated: People coming out of a restaurant talking loudly or swearing late at night, disturbing residents'' peace.
Neighbor Disputes: A conflict in the hallway or yard that escalates into verbal insults.
Arrests at Rallies: During demonstrations, participants are often arrested specifically under a combination of Articles 166 (Petty Hooliganism) and 173 (Disobedience).

Georgian Legislation and Legal Framework

The issue is regulated by Article 166 of the Administrative Offences Code of Georgia (Petty Hooliganism). The law defines it as swearing in public places, harassment of citizens, or other actions that violate public order and peace. The sanction provides for a fine of 500 to 1000 GEL or administrative detention for up to 15 days.

It is important to distinguish administrative insult from criminal crime. If the insult is accompanied by violence, it becomes Article 126 of the Criminal Code (Violence) or another article. Also, the Constitution of Georgia protects freedom of expression, so a lawyer''s argument is often that the person''s statements fell within the scope of freedom of expression and did not violate public order.

Process: What to Expect When Working with a Specialist

Administrative offense cases develop very quickly. In case of arrest, the police transfer the person to court within hours (or the next morning). The lawyer immediately reviews the arrest protocol and checks if procedural norms were followed. At the court hearing, the lawyer questions police officers, requests video material to be shown, and files motions. If the judge still finds liability, the lawyer fights for a fine to be applied rather than detention. After the case concludes, the specialist will consult you on fine payment deadlines and appeal perspectives.

Why Choose Legal.ge?

Administrative disputes are often perceived as non-serious, though they can result in reputational damage and financial loss. Legal.ge offers lawyers specializing in administrative law who know how to protect a client from police arbitrariness. With the help of our platform, you can quickly find a defender who will intervene in the case immediately, which is critically important during such expedited processes. Find your lawyer on Legal.ge and protect your rights.