The Frame of Preparation Defence
Preparation for a crime is an exceptional institute in criminal law: as a general rule it is not punishable. Article 18 of the Code defines: preparation means the deliberate creation of conditions for the commission of a crime; and liability is established only for the preparation of grave and especially grave crimes, and of several compositions separately enumerated by the law. This means that the first defence question is not "what did the person do" but "preparation of which crime is alleged". A boundary is noted as well: the common-law independent liability of conspiracy, without commission of the target offence, does not exist in Georgian law — the criminality of preparatory conduct is exceptional and article-limited. From this limitation the first defence argument is born: where the alleged composition belongs neither to the grave and especially grave category nor to the separate list, a preparation charge cannot stand at all — factual circumstances cannot alter that conclusion.
Impossibility and Sentencing
The second defensive norm is Article 20: liability does not attach for preparation or attempt where, due to the person's ignorance or other circumstances connected with his person, the corresponding unlawful result could not have been achieved by the means used — the institute of factual impossibility, which applies equally to preparation and attempt cases. Two elements of this norm are read separately: the cause (ignorance or a circumstance connected with the person) and the consequence (the unattainability of the result by the means), and the defence builds an additional question on both, since the law releases only in their combination. The third rule concerns sentencing: liability for preparation is determined by the article of the completed crime, with reference to this article; in sentencing, the court takes into account the circumstances by reason of which the crime was not brought to its end; and life imprisonment cannot be appointed for preparation. Read together, these three rules give the defence three lines: challenging the category of the crime, demonstrating impossibility, and building the sentencing prognosis on the circumstances of non-completion.
Practical Distinctions
In practice the boundary between preparation and attempt is often the decision point: preparation is the creation of conditions, attempt an act directly aimed at commission; where the accusation builds both, the defence looks precisely for the moment of transition. The second distinction lies between preparation and unpunished everyday conduct: gathering information, discussing a plan or acquiring an instrument is not always the "deliberate creation of conditions" — the element of deliberateness and the connection with a specific crime must be established separately. Third, the contour of complicity: an accusation of preparation is likewise built on roles, and the limited list of Article 18 operates separately for each role — a change in the role of one participant alters the architecture of the whole accusation. Each distinction places a separate demand on the accusation: an undrawn boundary is a question of factual evidence, not of subjective assessment.
The Boundaries of Preparation in Practice
The defence of a preparation charge means drawing three boundaries. The first concerns the character of the act: the "creation of conditions" requires a connection with a specific crime — whether general preparation exists at all is what the defence examines; acquiring a tool, studying a route or seeking an accomplice is not always sufficient. The second concerns category: whether the alleged crime is grave or falls within the punishable list — an error of category destroys the accusation altogether. The third concerns time: the moment of transition from preparation to attempt must be established factually — the indication of both stages at once makes the qualification unstable. Precise documentation of these three boundaries is the foundation on which a preparation case is won. And finally: the qualification of preparation never exists in a vacuum — it must always rest on the composition of a specific article, and the prosecution must prove that link fully, not by presumption or attribution; otherwise the qualification cannot stand.
Frequently Asked Questions
Below we answer the most common questions about preparation defence.
When is preparation punishable?
Only for grave and especially grave crimes, and for several compositions separately enumerated by law.
What is the impossibility exemption?
Where, through ignorance or personal circumstances, the result was unattainable by the means used — liability does not arise.
How is preparation punished?
Under the article of the completed crime, with reference to preparation; the circumstances of non-completion affect the sentence.
Is life imprisonment possible?
No — life imprisonment cannot be appointed for preparation.
How is preparation distinguished from attempt?
Preparation is the deliberate creation of conditions, attempt an act directly aimed at commission; the moment of transition must be established factually.
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