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.
Article 223-4 — 'Thieves' Arbitration' and Material Benefit
The second norm unfolds in three parts. Under the first, punishable is a person's addressing of a member of the 'thieves' world' or a 'lawful thief' for the purpose of carrying out a 'thieves' arbitration' or obtaining material benefit or advantage for himself or others, or of influencing any person's decision-making — regardless of whether the thief carried out any act or whether the desired result occurred; the sanction is deprivation of liberty for 3 to 7 years, with a fine or without. Under the second part, punishable is a third party's receipt of material benefit or advantage with foreknowledge as a result of such an address — under the same measure. The third part aggravates the act of the first part where it caused a grave consequence — 4 to 8 years, with a fine or without. The note gives this article, too, the possibility of release through cooperation — on the same cooperation-based conditions as established for this chapter.
Tactical Points of the Defence and the Model's Boundaries
The compositions of both articles rest on two elements that are the defence's natural target. The first is the level of danger: under the first part the prosecution must prove that the public support created a clear, direct and substantial danger of the activity being carried out — all three characteristics together. The second is knowledge: for the second part it is necessary that the person knew of the 'thieves' world's' activity and facilitated it by active conduct. In the address norm, too, the separation of purpose from result is decisive: the charge concentrates on the purpose, not the result, and this concentration must be properly bounded by evidence.
The terminology of the 'criminal world' and the 'common criminal fund' comes from the post-Soviet space and finds no direct analogue in American law — reasoning built on foreign frameworks is therefore a mistake here. The Georgian model rests on precisely defined boundaries: the three characteristics of danger, the list of exclusions and the imputation of purpose — and the entire dispute in court is conducted precisely around these boundaries.
Frequently Asked Questions
Below we answer the questions most frequently raised about these charges.
How is public support punished?
By deprivation of liberty for up to 3 years, with a fine or without — where it creates a clear, direct and substantial danger.
And active facilitation?
By 3 to 6 years, with a fine or without; through an official position — 4 to 7 years.
What is not a crime?
The transfer of food, clothing or a permitted item, an immediate action to preserve life, and the performance of a professional or official duty.
How is an address for 'thieves' arbitration' punished?
By 3 to 7 years, with a fine or without; where a grave consequence occurred — 4 to 8 years.
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