---
title: "Obstruction of Justice Defense"
url: "https://legal.ge/en/service/crim-criminal-law-en/obstruction-of-justice-defense-89-en"
field: "Criminal Law"
description: "Article 364 of the Criminal Code of Georgia: obstruction of justice – penalties from a fine up to 4 years, aggravating forms and defense. Legal.ge."
reviewed: "2026-07-09"
updated: "2026-10-14"
publisher: "legal.ge"
---

# Obstruction of Justice Defense

> Source: legal.ge, https://legal.ge/en/service/crim-criminal-law-en/obstruction-of-justice-defense-89-en

## 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.

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### What penalty applies to interference in an investigation?

Unlawful interference in the activity of a prosecutor or investigator with the aim of obstructing a comprehensive, full and objective investigation is punished by a fine, community service from one hundred and eighty to two hundred and forty hours, or imprisonment for up to one year.

### When does interference in a court's activity become punishable?

When the interference is gross and motivated by the aim of influencing the administration of justice – such an act is punished by a fine or imprisonment for up to two years. The same penalty is provided for unlawful interference in a juror's activity.

### What aggravates liability?

Commission by a person holding a state-political office – under part 3; and commission of any form of the article by using an official position – under part 4: a fine or imprisonment from two to four years, with deprivation of the right to hold an office or conduct activity for up to three years or without it.

### Is a legal person punished under this article?

Yes – under the note to the article, a legal person is punished by a fine or deprivation of the right to conduct activity.

### What does a lawyer examine in such a case?

The fact of interference, its unlawfulness and the substantiation of the aim, as well as whether the case proceeds under the correct part of the article – this directly determines the expected penalty.