Criminal Law Protection of Religious Freedom
Religious freedom is protected by the Criminal Code of Georgia in two directions: unlawful interference with the performance of a religious rite is punished, and so is interference with the creation or the activity of a political, public or religious association. These norms protect both believers and ministers, and the religious associations themselves — including those still at the stage of formation. This page explains the elements of these norms, their sanctions, and the practical issues of defence from the standpoint of both the accused and the victim.
Interference with the Performance of a Religious Rite
Under the Criminal Code, unlawful interference with the performance of worship or another religious rite or custom, committed by violence or the threat of violence, or accompanied by an insult to the religious feelings of a believer or a minister, is punished by a fine or corrective labour for up to 1 year, or house arrest for a term from 6 months to 1 year, or imprisonment for up to 2 years. The same act committed through the use of an official position is punished more severely: by a fine or house arrest for a term from 1 to 2 years, or imprisonment for a term from 1 to 5 years, with deprivation of the right to hold a position or carry out an activity for up to 3 years or without it.
The elements of this offence rest on two pillars: the interference must be unlawful, and it must be committed by violence or the threat of violence, or accompanied by an insult to religious feelings. Establishing precisely these elements becomes the central issue of the dispute: if the interference occurred for a legitimate purpose and within the bounds of the law, or the sign of violence cannot be proven, the case receives a different qualification. The sign of the use of an official position emerges where the perpetrator exploits official authority and thereby enforces a prohibition or restriction.
Interference with the Creation or Activity of an Association
The Criminal Code separately protects freedom of association: unlawful interference with the creation of a political, public or religious association or with its activity, committed by violence, the threat of violence or the use of an official position, is punished by a fine or corrective labour for up to 1 year, or house arrest for a term from 6 months to 2 years, or imprisonment for up to 2 years. This norm extends both to existing associations and to the situation where persons only intend to found an association and someone obstructs that process.