The Elements of the Offence and the Terrorist Purpose
Article 323 of the Criminal Code treats the terrorist act as one of the gravest offences. Under its first part, a terrorist act is an explosion, arson, an attack on a person, the use of a weapon or another action that creates a danger of loss of human life, significant property damage or another grave consequence, committed with a terrorist purpose. This dual core of the offence — a violent act plus a special purpose — determines the entire defence strategy: a dangerous act alone is not enough; the prosecution must also prove the intent to intimidate or coerce.
The terrorist purpose is defined in the note to the article: it is the intimidation of the population or the compulsion of an organ of state authority, of an organ of a foreign state or of an international organization to perform or not to perform an act, or the destabilization or destruction of the fundamental political, constitutional, economic or social structures of a country, a foreign country or an international organization. If the prosecution cannot prove that this purpose actually existed, the qualification under Article 323 gives way to an ordinary violent offence, with a substantially lower penalty range.
Penalties by Separate Parts
The law assesses each composition with a separate penalty, and these ranges must be presented individually. A terrorist act committed under the first part is punished by deprivation of liberty for a term of ten to fifteen years. The threat to commit an act provided for by the first part is a separate composition, punished by deprivation of liberty for a term of six to twelve years — even words, in this chapter, carry an independent sanction.
The same act committed by a group, repeatedly, or with the use of a weapon of mass destruction is punished by deprivation of liberty for a term of twelve to seventeen years. Where an act provided for by these parts has caused the loss of human life or another grave consequence, the penalty is deprivation of liberty for a term of fifteen to twenty years or life imprisonment. A legal person is punished by liquidation or deprivation of the right to conduct activity and by a fine.
Qualificatory Boundaries and Defence Avenues
The first line of defence is requalification: the terrorist act differs from other violent offences precisely by its purpose. An act committed out of hooligan or domestic motives, an explosion or the use of a weapon bearing the signs of a public safety offence, falls under other articles with markedly lower sanctions. The second line is the factual content of the purpose: records of intimidation, statements and contacts are often torn from context, and an alternative reading of them undermines the prosecution's version.
The third line is the defect in the consequence: the part covering grave consequences requires a causal link between the act and the result. Where the loss of life or another grave consequence was not caused by the accused person's conduct, the qualification remains within the lighter parts. In addition, the group element requires proof of a real form of complicity — a conditional association with a group does not suffice.
Records, Expert Examinations and Evidence
In cases of this category, technical examinations are decisive: explosion and firearms expertise determines whether the means used actually created a danger to life or significant damage; psychiatric and psychological examinations address intent and the capacity of awareness. The legality of obtaining electronic evidence — communications and network activity — is a separate ground for challenge: evidence obtained unlawfully must be declared inadmissible.
At this stage the defence counsel's task is to appeal procedural decisions in time, demand additional examinations, secure documentary support for the defence version and participate in every hearing. An accusation of a terrorist act often generates public pressure as well, which makes procedural discipline especially important in these files.
Frequently Asked Questions
What is the terrorist purpose and why is it decisive?
The intimidation of the population or compulsion of an authority or international organization, or the destabilization or destruction of fundamental structures (the note to Article 323). Without this purpose the act is not qualified as a terrorist act.
What penalty attaches to a threat?
A threat to commit the act of the first part is punished independently — by deprivation of liberty for six to twelve years; the completed act carries ten to fifteen years.
How does a terrorist act differ from other violent crimes?
By its purpose: ordinary violence is driven by personal, domestic or property motives, while the terrorist act requires an intent to intimidate and coerce. This distinction determines both qualification and penalty.
Can a legal person be liable?
Yes — by liquidation or deprivation of the right to conduct activity and by a fine (the note to Article 323).
How We Help on Legal.ge
The criminal defence lawyers of Legal.ge take on cases involving accusations of terrorist acts from the first day: attendance at hearings from the moment of detention, motions for requalification, examinations and the inadmissibility of evidence. We analyze the prosecution's version through the lens of purpose and causation and prepare a complete defence case. Use an urgent consultation — in this category of cases the first days are decisive.