Articles 171-174: The Criminal Chain Protecting Children
The Criminal Code of Georgia builds an entire normative chain in the sphere of the protection of minors. This chain covers four articles: Article 171 defines liability for involving a minor in anti-social activity, Article 172 for an unlawful transaction with respect to a minor for the purpose of adoption, Article 173 for the violation of the rules of adoption or foster care, and Article 174 for the substitution of a child. These provisions are in a logical connection: they protect the right of the child to a family environment, safe upbringing, and identity. Charges under these articles often rest on several norms at once, and the correct qualification directly affects the outcome of the case. On this page we explain each article in detail, its sanctions, and the opportunities of the defense.
Article 171: Involving a Minor in Anti-Social Activity
Under the law, persuading a minor to beg or to engage in other anti-social activity is punished by community service for a term of one hundred and seventy to two hundred and forty hours, or corrective labor for a term of up to two years, or imprisonment for a term of up to two years. Involving a minor in the non-medical consumption of intoxicating or medicinal substances is punished by imprisonment for a term of up to three years, and these acts, committed more than once, by imprisonment for a term of three to six years. For conduct under this article a legal person is punished by a fine, deprivation of the right to carry out an activity, or liquidation and a fine. A decision of the Constitutional Court is also important: by it, the normative content of the words of the first part of this article that allowed imposing liability on a person for persuading a minor to commit a crime was declared void. This circumstance is an essential argument for the defense, because it narrows the scope of the first part of the article.
Article 172: Unlawful Transaction for the Purpose of Adoption
Article 172 is built on two parts, and the sanction depends directly on the form of the conduct. The purchase of a minor or the commission of another unlawful transaction with respect to a minor for the purpose of adoption is punished by a fine or imprisonment for a term of up to one year. The sale of a minor or the commission of another unlawful transaction with respect to a minor for the same purpose is punished by imprisonment for a term of two to five years. The difference is clear: in the case of sale, a fine as an alternative is not provided at all. For the application of this article the establishment of the purpose is decisive: the act must be committed precisely for the purpose of adoption. If the purpose is not proven, the qualification under this article cannot stand, and the case must be reassessed.
Article 173: Violation of Adoption or Foster Care Rules
Article 173 provides liability for the violation of the rules of adoption or foster care where this caused a grave consequence. Such conduct is punished by a fine, or corrective labor for a term of up to two years, or imprisonment for a term of up to two years. The same act committed through the use of an official position is punished by a fine or imprisonment for a term of up to four years, with deprivation of the right to hold an office or carry out an activity for a term of up to three years or without it. The peculiarity of this composition is the sign of consequence: the violation itself is not sufficient; the grave consequence it caused and the causal connection must be established. For the defense this sign is often the weak point of the accusation, because the concept of a grave consequence requires objective evidence and a careful analysis of the circumstances of the case.
Article 174: Substitution of a Child
Article 174 defines the substitution of a child out of mercenary or other base motives. This conduct is punished by a fine or imprisonment for a term of three to five years, with deprivation of the right to hold an office or carry out an activity for a term of up to three years or without it. The concept of substitution covers the replacement of one child by another, which threatens the identity of the minor and the connection with the family. This composition requires a motive: mercenary or another base motive, and the prosecution must prove it. The absence of the motive destroys the qualification, which is why one of the main directions of the defense in such cases is precisely the analysis of the subjective side.
Specifics of Defense in This Category of Cases
Cases protecting the interests of children proceed under high public attention, and the position of the accused is particularly vulnerable. The first task of the defense is to verify the qualification: all four articles are close to one another, but the conditions of their application differ. The second task is the factual verification of the history: whether a transaction existed, what the purpose was, whether any rule was violated, and whether it caused a grave consequence. The third direction is the analysis of the subjective side and the motive. The above-mentioned decision of the Constitutional Court provides an additional argument in this respect. A lawyer working in this sphere also verifies the documentation compiled by social services and the court and analyzes witness testimony, because in such cases much depends precisely on testimony.
Why You Should Contact a Lawyer Immediately
Under these articles the sanction ranges up to six years in the gravest composition, and an additional penalty is also provided in several compositions. The decisions of the very first days of the investigation are decisive for the later stages: an explanation given incorrectly is much harder to correct later than immediately. A lawyer will protect your rights at every stage of the process, monitor the lawfulness of the evidence, and present a well-founded position before the court. Remember that the presumption of innocence operates, and until the accusation is proven fully you are considered innocent. Contact a lawyer as soon as an accusation or an investigative action touches you or your family.