What Article 117 Defines
Article 117 of the Criminal Code governs intentional serious bodily harm — the composition under which a case counts under the single non-fatal norm of grave injury to health. The law recognizes as serious an injury dangerous to life, or one that caused loss of vision, hearing, speech or of any organ or its function, mental disorder, termination of pregnancy, permanent disfigurement of the face, or other injury dangerous to life and connected with a stable loss of general working capacity of at least one third or the complete loss, with prior knowledge, of professional working capacity. This list is the foundation of the case's legal fate: if the examination does not recognize the injury as serious, the qualification changes — and with it the range of the penalty.
Parts of the Article by Consequence
Under the first part, intentional serious bodily harm is punished by imprisonment from four to seven years, with restriction of weapons-related rights or without. The second part establishes an aggravated composition: the same act that caused the death of the victim is punished by imprisonment from five to eight years. The third part governs a long list of aggravating features: the act committed in connection with the victim's or his close relative's official activity or public duty, in connection with taking a hostage, by a means deliberately endangering others' life or health, for the purpose of concealing or facilitating another crime, against a family member, with prior knowledge against a pregnant woman, a minor, a helpless person or a person with disabilities, from hooligan motives, from intolerance, by a group, against two or more persons, with particular cruelty, for gain or by order — punished by imprisonment from nine to thirteen years. Under the fourth part, the act of the third part that caused death is punished by imprisonment from ten to fourteen years.
Intent and the Boundaries of Qualification
For Article 117 to apply, intent is decisive: the prosecution must prove that the accused deliberately intended to inflict serious harm, not merely discovered the consequence after the fact. Defense practice opens three directions here: denying intent — the consequence remained behind a casual or non-dangerous act; contesting the degree of injury — per the examination the consequence does not meet the threshold of seriousness, which moves the case to a lighter norm; and examining causation — the consequence arose from another cause (delayed medical care, the victim's conduct). The expert conclusion is the central evidence here, and its independent verification is a standard stage of the defense. Particular attention is devoted to the criteria of general and professional working capacity: the one-third threshold and prior knowledge of professional capacities require a separate expert study, and it is on this boundary that the case stays in the serious or moves to the lighter qualification.
The Full List of Aggravating Features
The list of aggravating features in the third part is particularly broad, and the prosecution substantiates each separately: the act in connection with the victim's or his close relative's official activity or public duty; in connection with taking a hostage; by a means deliberately endangering another's life or health; for the purpose of concealing or facilitating another crime; against a family member; with prior knowledge against a pregnant woman, a minor, a helpless person or a person with disabilities; from hooligan motives; from racial, religious, national or ethnic intolerance; from intolerance of equality between woman and man; by a group; against two or more persons; with particular cruelty; for gain or by order; for the purpose of transplanting or otherwise using an organ or tissue; repeatedly. Each of these features requires separate substantiation, and the failure of any one returns the case to a lighter part — together with the range of penalty. The defense's goal is therefore not only analysis of the composition: it is building evidence against at least one aggravating feature.
Practical Stages of the Defense
Work on an Article 117 case begins with restoring the factual chronology: the source of the conflict, the parties' conduct, the mechanism of injury, the medical documentation. The examination is then analyzed — the methodological foundations of the conclusion, the classification criteria, and whether danger to life was determined at the moment or assessed retrospectively from the outcome. In parallel, procedural order is studied: the legality of interrogations and the manner of obtaining evidence. Every flaw is a separate litigable instrument — and they should be accumulated before trial, not after.
Frequently Asked Questions
What counts as serious bodily harm?
Injury dangerous to life, loss of an organ or its function, mental disorder, termination of pregnancy, permanent facial disfigurement, or stable loss of working capacity exceeding one third — per the statutory list.
What are the ranges of penalty?
The basic composition — four to seven years; with death — five to eight; with aggravating features — nine to thirteen; with both aggravating features and death — ten to fourteen years.
Can the qualification be changed to a lighter one?
Yes, if the examination does not recognize the consequence as serious or intent is not established. The degree of injury and the intentional character are the two supports on which the whole qualification stands.
What role does the examination play?
Central: it determines the degree of injury, its danger and mechanism. Its independent verification is an essential stage of the defense.
How We Help on Legal.ge
On Legal.ge we assist in cases under Article 117 at every stage: independent analysis of the examinations, building the position against intent, preparing motions and appeals. Contact us on the first day of detention — early involvement changes the position.