Misappropriation — what this offence means
Misappropriation is one of the two forms addressed by Article 182 of the Criminal Code of Georgia, which defines the unlawful misappropriation or squandering of another person's thing or property right, on condition that the thing or right was in the lawful possession or administration of the misappropriator or squanderer. In the case of the misappropriation form, the situation concerns a person who lawfully holds another person's property but treats it as his or her own dominion — ignoring the rights of the owner.
Misappropriation differs from squandering in the character of the conduct: in squandering the property is spent, transferred or diminished, while in misappropriation the person treats it as his or her own. Both forms are punishable under the same norm, and drawing the line between them is often possible only through a detailed reconstruction of the factual circumstances.
The punishment for misappropriation — all parts
The first part defines the basic composition: a fine, or house arrest for a term of six months to two years, or imprisonment for a term of three to five years. The second part regulates the qualified compositions — commission by a group with prior agreement, repeated commission, significant damage and the use of an official position: in such a case the offender is punishable by a fine or imprisonment for four to seven years, with deprivation of the right to hold office or carry out an activity for up to three years. The third part — an organized group, a large amount, or a person convicted two or more times — is punishable by imprisonment for seven to eleven years, with the same deprivation for up to three years.
Whom this charge most often concerns
Misappropriation cases are most often connected with occupational relationships: the property was entrusted to the person in connection with the performance of occupational duties, and it is precisely this circumstance that creates the element of lawful possession, which is a necessary element of this offence. In such cases the documents are decisive — on what basis, for what term and on what conditions the property was transferred to the person.
Defence questions in misappropriation cases
A lawyer verifies: whether lawful possession or administration existed; whether the conduct was unlawful — that is, whether it contradicted the will of the owner and the conditions of the transfer; what the amount of the damage was and whether it corresponded to the element of significant damage or a large amount; and whether the application of the concepts of commission by a group or of previous convictions is correct. Each of these questions requires independent evidentiary analysis.
The stage of sentencing is also important: the law provides a fine in the first and second parts, while deprivation of the right to hold office or carry out an activity is an additional punishment in the second and third parts. The rules of procedure and the time limits are established by other acts of procedural legislation.
Our lawyers offer consultations on misappropriation cases — from the stage of an internal audit to the court hearing. Contact us so that we can assess your situation.
In misappropriation cases, documentary deficiencies often emerge: the transfer of the property by oral agreement, the absence of recording, or a violation of inventory procedures create a situation where both the prosecution and the defence rely on incomplete material. It is precisely then that a detailed documentary analysis decides which version is justified by the factual circumstances.
A separate direction is the work at the sentencing stage: the law provides different punishments in different parts — house arrest in the first part, and deprivation of the right to hold office or carry out an activity in the second and third parts. The position built by the lawyer at the moment of the choice of the punishment often changes the outcome in details that are essential for the person.
It is also important that a misappropriation charge often arises in a context where a civil-law dispute over property exists between two parties: one side considers that the property belongs to it, the other that its conduct was lawful. In such cases the criminal case becomes a continuation of the dispute, and the lawyer's task is to show this context clearly to the state. Our team is ready to assist you both from the position of the accused and from that of the victim — a consultation may be appointed at any stage, and its content is fully confidential.