---
title: "Theft Defense"
url: "https://legal.ge/en/service/crim-criminal-law-en/theft-defense-en"
field: "Criminal Law"
description: "Theft under Article 177 of the Criminal Code of Georgia: penalties from a fine up to 10 years, damage thresholds and defense. Legal.ge."
reviewed: "2026-07-09"
updated: "2026-10-14"
publisher: "legal.ge"
---

# Theft Defense

> Source: legal.ge, https://legal.ge/en/service/crim-criminal-law-en/theft-defense-en

## Theft – Article 177: What the Law Treats as Theft

Article 177 of the Criminal Code of Georgia defines theft as the secret appropriation of another person's movable property with the aim of unlawful appropriation. Two features are decisive in this definition: secrecy – the act takes place without the knowledge of the victim or other persons; and the aim of appropriation – the person intends to take the property without legal ground. Theft is the most widespread form of property crime, and precisely for that reason its qualification is most often considered together with other forms of conduct.

For the qualification it is important to distinguish theft from other appropriative forms: whether the act is secret or open, committed with violence or by deception – from this follows which norm of the Code applies. Such distinction is not always easy: one and the same episode may be explained by different versions, and it is precisely there that the opportunities of the defense position unfold.

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### What penalty applies to theft?

Under part 1 – a fine, house arrest from six months to one year, or imprisonment from one to three years. In aggravated forms the penalty increases – part 4 provides for imprisonment from six to ten years.

### When is damage considered significant?

Under this chapter of the Code – where the value of the property exceeds 150 GEL. A large amount means a value exceeding 10 000 GEL.

### Which circumstances aggravate theft?

Significant damage and entry into premises – under part 2; group commission with prior conspiracy, more than once, entry into a dwelling, against a vehicle – under part 3; an organized group, a large amount, repeated convictions, oil or gas in a trunk pipeline – under part 4.

### When is theft considered committed more than once?

The note to the article links this to the offences of this chapter and to other provisions of the Code listed in the note – the existence of a preceding episode must be separately confirmed.

### What does a lawyer examine in a theft case?

The sign of secrecy, the intent to appropriate, the substantiation of aggravating circumstances, the correctness of the valuation of damage and the chain of evidence – the part under which the case proceeds depends directly on this.
