About this service
Protecting a theft victim runs along two distinct axes: one is criminal prosecution — the punishment of the offender; the other is property recovery — the return of what was stolen or of the damage caused. The Civil Procedure Code of Georgia builds the second axis with special norms, and they are the subject of this page: the admissibility of the damage claim, its form, the manner of examination and the appeal. The principal statement this page makes is this: criminal prosecution of theft does not automatically restore the victim's property — that happens through a claim.
Why punishment does not return the property
A judgment in a criminal case answers the question whether the person is guilty and what penalty is imposed. The property interest — the value of the stolen item, the damage, the lost benefit — remains in that judgment as a fact but does not grow into a sum. This is where the civil-procedure route joins in: under the procedure established by Article 309¹⁶ of the code, a claim for compensation of damage caused by an offence may be examined. A judgment confirming the fact of theft becomes the supporting foundation of the civil claim — and on that foundation the victim reaches compensation. The practical conclusion for the victim follows: while the prosecution runs, the property file is assembled in parallel — records, receipts, purchase documents, photographic fixation of damage — so that, immediately upon the judgment entering into legal force, this material becomes the supporting part of the claim.
Preparing the claim: fact and amount
Article 309¹⁷ of the code names two points of preparation for a theft victim. First: the claim must be accompanied by a court judgment that has entered into legal force, or an individual administrative-legal act of the organ examining the administrative offence case, confirming the fact of damage. Second: where that act does not contain a calculation of the damage, the claim may be accompanied by a document compiled by an authorised person or organ determining the amount of damage. In a theft case this means: a documented calculation of the item's value, the damage and possible losses must be laid before the court together with the claim.
Examination: what the court already deems established
Article 309²⁰ of the code lightens the victim's burden: the court examines a claim for compensation of damage within 1 month of its acceptance for proceedings, and at the examination the court deems established the fact of damage confirmed by the judgment or the administrative-legal act. Where theft is confirmed, the victim no longer has to prove anew what was established in the criminal case — the only remaining question is the sum. The one-month term means the claim must be prepared in advance: immediately upon the judgment entering into legal force, it must be set in motion. This rhythm is in the hands of the victim: late preparation delays the matter by months, while a ready file turns the examination into a routine — the established fact already stands, and only the arithmetic of compensation remains.
Appeal: the 7-day window
Under Article 309²¹ of the code, a court decision on compensation of damage is appealed within 7 days to the court of appeals. If the court did not set the sum in full or erred in its calculation, these 7 days are the window of correction — and it works only when the victim's side is mobilised on the very day the decision is received. In theft cases this window is particularly sensitive: the valuation of items is often corrected precisely on appeal, and an immediate complaint here is an interest translated into a monetary difference.
In a theft case the property interest divides into two forms: restoration of the stolen item in kind and compensation of its value. Where the line between the two runs is determined by the court's decision itself in the civil-procedural route, and the victim's claim covers both directions. The emphasis of this page is precisely on this second axis: how the victim turns the outcome of the criminal case into a monetary demand that is enforced by a court judgment.
Frequently asked questions
Is property returned by the offender's punishment?
No — criminal prosecution does not automatically produce property recovery; compensation of damage happens through a claim, under the procedure of Article 309¹⁶ of the code.
What substantiation does the sum need?
The judgment confirms the fact; the amount is confirmed by a calculation — where the judgment contains no sum, a document by an authorised person or organ is attached to the claim.
Within what time is the claim examined?
Within 1 month of acceptance for proceedings, and the fact of theft is deemed established at that examination.
What awaits the decision if the sum is insufficient?
The 7-day appeal window: the decision is appealed to the court of appeals within 7 days.
How We Help on Legal.ge
We protect the theft victim's property interest along the whole chain: we determine what the judgment confirms and what remains to be substantiated; we prepare the damage calculation document with the value of the stolen items; we draft the damage claim that begins its one-month rhythm immediately upon the judgment entering into force; and where necessary we activate the appellate defence within 7 days. Contact us for representation that joins the penalty to the compensation.