Influence on Witnesses — Article 372 and the Protection of Participants
Article 372 of the Criminal Code of Georgia protects the participants of a criminal process — the person to be interrogated, the witness, the victim, the expert and the interpreter — from unlawful influence directed against them. The norm protects the integrity of the process: testimony, conclusions and translations must be free, and whoever restricts that freedom — through persuasion, bribery or coercion — answers before the state. At the same time, this charge often rests on entangled factual circumstances, which is exactly why precise legal analysis is decisive in such a case. This page explains the content of the article and every penalty it provides.
Elements of the Offense — Two Forms, Four Levels
The first part of the article establishes liability for an appeal to, or the persuasion of, a person to be interrogated, a witness, a victim, an expert or an interpreter — respectively, to provide false information or false testimony, or to give a false conclusion, or to refuse to provide information or testimony, or to translate incorrectly, or to alter the information, testimony or conclusion they provided. The second part is stricter: the bribery or coercion of the same persons for the same purposes, where it is coupled with the offer of any kind of property benefit to them or their close relatives, or with a threat of murder, violence, damage to or destruction of property, or another threat. The third part covers a second-part act committed with violence, and the fourth part — the same act that is dangerous to life or health. From this structure the main task of the defense also becomes clear: first it must be established whether there was influence at all; then — in which form it was carried out, as an appeal and persuasion or as bribery and coercion; and finally — whether it was accompanied by violence or by danger to life and health. Each step rests on separate evidence, and the failure of any one step changes the entire construction of the charges.
Penalties Under the First and Second Parts
For the form of persuasion the law provides a fine, or community service for a term of one hundred eighty to two hundred forty hours, or corrective labor for a term of up to two years, or imprisonment for a term of one to three years. This part covers situations where the influence contains no physical force or threat — what is meant is an appeal and persuasion.
Where the influence takes the form of bribery or coercion — through the offer of a property benefit, or through a threat of murder, violence, damage to or destruction of property, or another threat — the law provides a fine or imprisonment for a term of three to six years. The content of the threat is particularly important here: the law names precisely which threats count — a threat of murder, violence, damage to or destruction of property, or another threat — and its existence must be established through the case materials.
The Third and Fourth Parts — Violence and Danger
An act provided for by the second part, committed with violence, is punished by imprisonment for a term of five to eight years. The same act that is dangerous to life or health is punished by imprisonment for a term of six to nine years. The factual form of the violence and the level of its danger require separate establishment, and precisely this circumstance decides whether the third or the fourth part applies — with the penalty range depending on it directly.
Liability of the Legal Entity
Under the note to the article, for the acts provided for by this article a legal entity is punished by a fine or by deprivation of the right to carry out activity and a fine. This circumstance creates a significant risk for organizations, because an employee's conduct can threaten the operations of an entire company.
Frequently Asked Questions
What penalty is provided by the first part?
A fine, community service from one hundred eighty to two hundred forty hours, corrective labour up to two years, or imprisonment from one to three years.
What happens in case of bribery or coercion?
A fine or imprisonment from three to six years; committed with violence — from five to eight years, and dangerous to life or health — from six to nine years.
Is a legal entity punished?
Yes — with a fine or deprivation of the right to carry out activities and a fine.
How We Help on Legal.ge
The first question is the form of the influence: whether there was an appeal or persuasion at all, or whether it was ordinary communication; the second is the purpose: the influence must have been carried out precisely for the purposes listed in the law, and this must be established; the third is the part: the features of bribery, coercion, violence or danger are verified separately; the fourth is the evidence: such cases are built on correspondence and testimony, and assessing them without context is unfounded. The rules for the allocation of punishment are defined by other norms of the Code, and each case is assessed separately. In addition, the question of the boundary is frequent in such cases: when communication is an ordinary conversation and when it is an appeal or persuasion provided for by the law; this distinction always rests on the analysis of concrete facts — formulations, circumstances and the relationship of the parties. Contact us — we will review your situation in confidence and determine which elements are disputable in your case.