Damage or destruction of another person's property (Article 187 of the Criminal Code of Georgia) is a crime involving intentional harm to someone else's property resulting in significant material damage (more than 150 GEL). This act differs from theft in that the offender does not aim to misappropriate the item but rather to spoil or destroy it. The crime can include damaging a vehicle, breaking equipment, damaging a building façade (vandalism), or other property damage. If the act is committed by arson, explosion, or other generally dangerous means, it is considered an aggravating circumstance and carries a much stricter sentence. In practice, civil disputes (e.g., car accidents or negligence) are often incorrectly assessed as intentional damage. It is important for the accused to prove that they did not have the intent to cause damage or that the damage is not "significant" for criminal law purposes. A qualified lawyer can help move the dispute to the civil arena.
What does Intentional Property Damage Defense cover?
Criminal defense lawyers offer:
- Damage valuation expertise: Engaging an independent expert to determine the actual damage. If the damage is less than 150 GEL, criminal prosecution is dropped.
- Proving lack of intent: Arguing that the damage occurred through negligence (Article 188) and not intentionally, which radically changes the extent of liability or excludes it altogether.
- Distinguishing civil liability: Arguing that the case should be resolved by compensating damages in civil court.
- Negotiation with the victim: Agreeing on compensation for damages, which often leads to case dismissal or probation.
- Defense against vandalism charges: Specialized defense in cases of damage to public property.
Common Situations and Scenarios
Charges under Article 187 often arise in the following cases:
- Vehicle damage: Scratching another person's car, breaking windows, or slashing tires due to a conflict.
- Domestic conflicts: Breaking household appliances or furniture during a fight (if the item belongs to another family member).
- Vandalism: Damaging public transport or infrastructure.
- Equipment damage: Dropping someone else's phone or laptop out of anger.
Georgian Legislation and Legal Framework
Article 187 of the Criminal Code provides for fines, community service, corrective labor, or imprisonment for 1 to 3 years. If the act is committed by arson (Part 2), the penalty is 3 to 5 years. The lawyer's main goal is to prove that the act was not intentional or the damage does not exceed 150 GEL. The Civil Code (Article 992) obliges a person to compensate for the damage caused, which is often sufficient to resolve the conflict.
Service Delivery Process
The lawyer primarily studies the crime scene inspection protocol and the expert report. If damages are compensated, the lawyer petitions the Prosecutor's Office for case termination or diversion.
Why choose a specialist on Legal.ge?
Property damage cases often happen in emotional contexts. On Legal.ge, you will find lawyers who will help you assess the situation rationally, calculate damages correctly, and avoid criminal liability.
Updated: ...