Unlawful Assembly Defense Lawyer in Georgia | Legal.ge

UnlawfulAssemblyDefense

Do I need a permit to protest?

Only if the rally blocks traffic or takes place on the roadway. Otherwise, no prior notification to the municipality is required.

Fine for blocking the road?

Illegal road blocking results in a fine of 500 GEL for participants and up to 5000 GEL for organizers.

Can I set up a tent?

The law restricts tents if they block traffic or building entrances. Otherwise, it is part of freedom of expression.

My rights during arrest?

You have the right to remain silent, have a lawyer, and inform a family member.

Unlawful Assembly Defense (Article 174¹): Protecting Freedom of Assembly

Freedom of assembly and demonstration is a fundamental right guaranteed by the Constitution of Georgia. However, the exercise of this right is regulated by law, and its violation leads to administrative liability. Article 174¹ of the Code of Administrative Offenses punishes participants or organizers of a rally for violating the rules of holding an assembly. This may include illegal blocking of the roadway, picketing administrative buildings, possessing prohibited items, or violating warning deadlines. Often, participants in peaceful protests become targets of arrest during police dispersal. In such cases, it is important to determine whether the assembly was peaceful and whether the police had legal grounds for using force or terminating the rally.

Legal.ge offers lawyers specializing in human rights and protest-related cases. Our experts will defend your freedom of expression and provide legal assistance during administrative detention.

What Does Unlawful Assembly Defense Service Cover?

The lawyer''s service focuses on protecting freedom of expression:

Assessing Legality of Assembly: Determining if the rally met the requirements of the "Law on Assemblies and Manifestations" (e.g., prior warning).
Analyzing Police Actions: Evaluating if the dispersal or arrest was a proportionate and necessary measure.
Evidence Gathering: Using video footage, live streams, and witness testimonies to prove peaceful conduct.
Court Representation: Defense during the trial deciding on fines or imprisonment.
Strasbourg Court Practice: Using ECHR precedents in favor of the defense.

Common Scenarios

Charges are often related to:

Road Blocking: Obstructing traffic when not necessitated by the number of participants.
Picketing: Blocking entrances to government buildings.
Setting up Tents: Placing tents on roadways or prohibited areas.
Calls for Violence: Inciting violence during a rally (which exceeds freedom of assembly).

Georgian Legal Framework

Article 174¹ of the Administrative Offenses Code provides for a fine of 500 to 5000 GEL or administrative imprisonment for up to 15 days. The Law on Assemblies and Manifestations also applies, regulating rally rules. It prohibits weapons, explosives, or other dangerous items at rallies.

Steps in the Process with a Specialist

Working with a lawyer includes:

Operational Assistance: Going to the police station.
Fact Gathering: Communicating with organizers.
Court: Defense in administrative proceedings.

Why Legal.ge?

Protesting is a democratic right. Legal.ge connects you with lawyers who will protect your voice and freedom.