Supporting the 'Thieves' World' — Two Faces of the Charge
Article 223-3 of the Georgian Criminal Code specially regulates the supporting of the 'thieves' world's' activity, while Article 223-4 regulates addressing a member of that world or a 'lawful thief' and receiving material benefit as a result of such an address. Both norms belong to the legislative package against the thieves' world, and both are marked by a thin boundary between crime and ordinary conduct. This page explains the compositions of both articles, their sanctions, and the exclusion norms that are decisive for the defence.
Article 223-3 — Three Forms of Support
The first part regulates public support — oral, written or by another means of expression — of the 'thieves' world' or of its member, the 'lawful thief', where it creates a clear, direct and substantial danger of that world's activity being carried out. For this, deprivation of liberty for a term of up to 3 years is provided, with a fine or without. The second part is broader: any act — other than that provided by the first part — committed by a person who knows of the 'thieves' world's' activity and actively facilitates its being carried out; this is punishable by deprivation of liberty for 3 to 6 years, with a fine or without. The third part aggravates the same act committed through the use of an official position — 4 to 7 years, with a fine or without.
What Is Not a Crime — the Exclusion Norms
The note to the article defines precisely what is not an offence under it: the transfer to a member of the 'thieves' world' or a 'lawful thief' of food, clothing or an item permitted by Georgian legislation in a penitentiary institution; the performance of an immediate action necessary to preserve a person's life; and likewise the performance of a professional or official duty provided by Georgian legislation. These exclusions are the defence's natural mainstay: humanitarian assistance, medical action or the performance of a professional duty cannot be qualified as support.