Violation of Labour Safety Rules — Composition and Risk
Article 170 of the Criminal Code of Georgia establishes liability for violation of safety technique rules or other labour protection rules, committed by a person responsible for compliance with such rules, which caused less severe or severe damage to health. The charge therefore rests on two conditions: the violation must have been committed by the responsible person, and it must have resulted in injury to a person's health. Both elements must be proven beyond reasonable doubt before the qualification holds.
In defence practice, the space between these two elements is where the openings lie. Often it is unclear who was the person on whom responsibility for compliance rested — the manager, the supervisor, or the performer of the work. The statute attaches liability to the person responsible for observing the rules, and not to every member of an enterprise. The advocate's first task is therefore to establish the circle of responsibility and to show either that the accused does not fall within it, or that he did not violate the rule.