The Elements and the Criteria of the Injury
Article 118 of the Criminal Code of Georgia defines intentional less serious bodily harm. Under its first part, this is an intentional less serious injury which is not dangerous to life and has not caused the result provided by law for grievous bodily harm, but is connected with prolonged disruption of health or with a persistent loss of general working capacity of less than one third.
Two boundaries of qualification are decisive here. On the one hand, the injury must not be dangerous to life and must not produce the grave result by which the law defines grievous harm; on the other, it must be accompanied by prolonged disruption of health or a persistent loss of working capacity of less than one third. This logic of boundaries means that in the case file the conclusion of the forensic medical examination is the central piece of evidence: it is precisely that conclusion which determines the category of the injury.
In interpreting the medical criteria two concepts are central. Prolonged disruption of health covers the interval of time fixed by forensic practice, whose boundary differs from the criteria of grievous harm; and the persistent loss of working capacity of less than one third precisely defines the threshold below which the injury remains less serious. The exact separation of these two concepts from grievous harm determines the entire course of the case.
The Penalty under the First Part
For the offence provided by the first part the law sets three variants of penalty, applied separately: corrective labour for a term of up to eighteen months; or house arrest for a term from six months to two years; or imprisonment for a term from two to four years, with or without restriction of weapon-related rights. The choice of penalty depends on the details of the offence and on the person of the offender.
The Second Part — Aggravating Circumstances
The second part establishes a stricter regime for intentional less serious bodily harm committed in the presence of an aggravating circumstance provided by law for grievous harm, or by a person who has previously committed intentional grievous bodily harm or a crime directed against life: it is punishable by imprisonment for a term from four to six years, with or without restriction of weapon-related rights. This norm places the act in a new light where a record of past violence or a special circumstance exists.
The Third Part — The Consequence of Death
The third part regulates the gravest consequence: an act provided by the first or the second part which has caused death is punishable by imprisonment for a term from five to eight years, with or without restriction of weapon-related rights. Where death ensues, it is necessary to establish the causal link between the act and the result, and it is precisely this link that distinguishes this part from other criminal norms directed against life.
Practical Aspects of Defence and Qualification
In cases under this norm the defence strategy takes several directions. The first is a verification of the degree of injury: where the examination points to grievous or, conversely, light harm, the qualification changes. The second is the existence of intent: affect, or an excess of the bounds of self-defence, leads to a different qualification. The third is the correct separation of the parts: the types of penalty must be presented separately, since merging them into one range breaches a lawful requirement.
For the side of the victim the same details are decisive: the medical conclusion, the factor of prolonged illness and the degree of loss of working capacity are the very supports on which the qualification of the case rests, and they also serve the calculation of compensation.
In procedural terms timing also matters greatly in cases of this category: the conclusion of the examination follows the moment of fixation of the injury, while complications arising later require a reassessment of the degree. The parties should therefore secure the medical documentation from the outset and remember that qualification is not static — it responds to new circumstances.
Frequently Asked Questions
What is the sign of less serious harm?
Not dangerous to life, producing no grave result, but connected with prolonged illness or a persistent loss of working capacity of less than one third.
What penalty is provided for the basic elements?
Corrective labour up to eighteen months, house arrest from six months to two years, or imprisonment from two to four years — with or without restriction of weapon-related rights.
When is a person punished by four to six years?
Under the second part — in the presence of an aggravating circumstance, or by a person with a prior record of intentional grievous harm or a crime against life.
What happens where death ensues?
The act provided by the third part is punished by imprisonment from five to eight years, with or without restriction of weapon-related rights.
How We Help on Legal.ge
On Legal.ge we assist both the defence and the victim: we will verify the conclusions of the examination and the qualification, assess the evidence of intent and mitigating circumstances, and defend your interests in every instance of the court. Contact our team at the early stage of the case.