Article 155: The Offense and Its Elements
Criminal cases involving religious rites are rare, but defending them demands special precision, because the offense concerns both the act and its form. Article 155 of the Criminal Code criminalizes the unlawful obstruction of the performance of divine service or another religious rite or custom — committed by violence or the threat of violence, or accompanied by the insult of the religious feelings of a believer or a minister. The law thus combines three elements: obstruction, unlawfulness, and form — violence, threat, or insult of religious feelings.
The sanction of the first part is a list of alternatives, read separately: a fine or corrective labor for up to one year, or house arrest for a period from six months to one year, or imprisonment for up to two years. Writing these alternatives as a single punishment in a verdict is a legal error and creates a ground for appeal.
The Second Part: Use of Official Position
The second part aggravates the same act where it is committed through the use of official position. The sanction is higher: a fine or house arrest for a period from one to two years, or imprisonment for a period from one to five years, with deprivation of the right to hold a position or carry on an activity for up to three years or without it. The additional measure is thus decided separately — it may or may not accompany the principal punishment.
For the defense, the sign of official position is a separate target: the prosecution must establish not only that the person held an official capacity but that at the moment of commission the person was using precisely that position. That distinction draws the border between the second part and the first and often decides the outcome of the case.
The Defense Line: Unlawfulness, Form, Evidence
The first ring is unlawfulness: the law criminalizes only unlawful obstruction, so conduct carried out within lawful authority — for instance, an organizational measure established by rule — does not satisfy the offense. The second ring is form: violence, threat of violence, or insult of religious feelings — each must be supported by evidence, and the law does not require all three forms at once. The third ring is the figures of the believer and the minister: for the insult form, the victim's status must be established. Switching off any ring keeps the accusation short of the offense.
The qualification of the divine service and the rite — what the performance consisted of and whether the act touched it at all — is a question of fact, and this is where expert assessment and witness testimony come into play. The detailed rules of criminal procedure are established by other norms; what is described here is the offense and its sanctions, on which the defense position is built.
On the evidence side, witnesses in such a case come from two circles — those who attended the performance of the rite, and the community of believers whose feelings the act is alleged to have touched. The testimony of these circles often describes the same event differently, and in that difference lies the defense's opportunity: two interpretations of the act confront each other, and the prosecution must prove its version to the proper standard.
The wording of the verdict is a separate target: which form — violence, threat or insult — was established, which part was applied, and whether the additional measure was attached. Mixing those elements in the verdict is a classic ground of appeal, and the advocate's task is to compare the text of the verdict exactly against the list of sanctions.
The staged picture of the case matters too: at the investigation stage the prosecution reflects a form in the charging document, while at trial each form is reflected separately in the balance of evidence. Where the prosecution's version mixes forms — violence with insult, threat with violence — the defense gains a concrete target: each form must be proven separately, and the mixing weakens rather than strengthens the accusation. Defense work therefore begins with an exact decomposition of the charging document.
Frequently Asked Questions
What does article 155 cover?
The unlawful obstruction of divine service or another religious rite or custom — by violence, threat, or insult of religious feelings.
What is the penalty under the first part?
A fine or corrective labor up to one year, house arrest from six months to one year, or imprisonment up to two years.
When does the case move to the second part?
On use of official position; imprisonment reaches up to five years, with an additional measure up to three years.
What does the defense test?
Unlawfulness, the fact of violence or threat, the insult form and the victim's status — each element separately.
How We Help on Legal.ge
Criminal defense advocates on Legal.ge handle cases involving religious rites from investigation to court: we analyse the fact and form of the obstruction, separate lawful conduct from the offense, and prepare the defense position or the appeal. Contact us for an immediate assessment of your case.