Article 364 – Obstruction of Justice: What the Law Treats as a Crime
Article 364 of the Criminal Code of Georgia protects the unhindered administration of justice, investigation and defense. The article punishes unlawful interference, in one form or another, in the activity of a prosecutor or an investigator with the aim of obstructing the comprehensive, full and objective investigation of a case; interference with the aim of obstructing the conduct of the defense in an advocate's activity; gross interference in the activity of a court with the aim of influencing the administration of justice; and unlawful interference in the activity of a juror or a candidate juror.
The norm thus covers all three branches – investigation, court and defense. In the charge it is therefore decisive whose activity the interference is attributed to and what its aim was: obstructing the investigation, influencing the administration of justice, or obstructing the defense. Establishing the aim is not a formality – it is precisely what determines which part of the article applies and, accordingly, the penalty the person faces.