Obstruction of Religious Rites and Its Protection Under Criminal Law
Freedom of religion includes the right to celebrate worship and other religious rites and customs freely. The Criminal Code of Georgia treats the violation of this right as a distinct crime: it is punishable to unlawfully obstruct the performance of a religious rite by violence or the threat of violence, or through an act accompanied by the insult of the religious feelings of a believer or a minister of religion. This page explains the composition of this offence, its sanctions, and how we can assist you as a victim or an accused person.
What the Norm on the Obstruction of Religious Rites Prohibits
Under the law, it is punishable to unlawfully obstruct the performance of worship or another religious rite or custom, committed by violence or the threat of violence, or accompanied by the insult of the religious feelings of a believer or a minister of religion. Two elements are essential: the obstruction must be unlawful, and it must be carried out by violence or the threat of violence or accompanied by an insult of religious feelings. Such an act is punished by a fine or corrective labour for up to one year, or house arrest from six months to one year, or imprisonment for up to two years.
A particularly strict liability applies where the same act is committed through the use of an official position: such an offence is punished by a fine or house arrest from one to two years, or imprisonment from one to five years, with deprivation of the right to hold an office or to carry out an activity for up to three years or without it. Forceful interference by an official in a religious service therefore raises the threshold of punishment sharply.
Persecution on Religious Grounds
Problems connected with religious activity often go beyond obstruction and take the form of persecution. Under the law, it is punishable to persecute a person for word, opinion, conscience, confession, faith or creed, or in connection with political, public, professional, religious or scientific activity. Such an act is punished by a fine or house arrest from six months to one year, or imprisonment for up to two years. Where the persecution is committed with violence or the threat of violence, through the use of an official position, or has caused significant damage, it is punished by a fine or house arrest from one to two years, or imprisonment for up to three years, with deprivation of the right to hold an office or to carry out an activity for up to three years or without it. Persecution for confession covers precisely those situations where a person is pushed out of public or professional life because of religious activity.
What to Do When the Right Is Violated
If you or your religious community has experienced an attack on a worship service or an insult of religious feelings, the fixation of the facts comes first: dates, place, witnesses, and written and visual evidence obtained in a manner permitted by law. The facts then need an accurate legal assessment — whether the obstruction was unlawful, whether violence, threats or an insult of religious feelings accompanied it, and whether the act also amounts to persecution. The procedure and the time limits are set by the criminal procedure legislation, so an early consultation with a lawyer secures the proper recording of evidence and the correct choice of qualification, which directly affects the measure of punishment.
Frequently Asked Questions
Below are answers to the questions raised most often in cases concerning the violation of religious freedom.
Which acts count as the obstruction of a religious rite?
The unlawful obstruction of worship or another religious rite or custom, committed by violence or the threat of violence, or accompanied by the insult of the religious feelings of a believer or a minister of religion, is a crime.
What penalty is provided for this offence?
Under the basic composition — a fine or corrective labour for up to one year, or house arrest from six months to one year, or imprisonment for up to two years; where an official position was used — a fine or house arrest from one to two years, or imprisonment from one to five years, with deprivation of the right to hold an office or carry out an activity for up to three years or without it.
When is an act described as persecution?
When a person is persecuted for word, opinion, conscience, confession, faith or creed, or in connection with religious or other public activity. It is punished by a fine or house arrest from six months to one year, or imprisonment for up to two years; with violence, use of an official position or significant damage — under the stricter composition.
How We Help on Legal.ge
The advocates of Legal.ge work on cases concerning the violation of freedom of religion: we assess the facts, help gather evidence and prepare the statement, determine the prospects of the qualification and, where necessary, represent you throughout the proceedings. Contact us — a timely legal assessment prevents costly mistakes in these delicate cases.