The Concept of Crimes Against Military Service
Criminal defense before a military court begins with the concept: a crime against military service is an act provided for by the relevant chapter of the Criminal Code, directed against the order of military service, committed by a servicemember or by a reservist during reserve military service. The subject is special: the same act by a civilian is not examined under this chapter. In wartime or a state of emergency, liability is determined by Georgian legislation, a regime distinct from peacetime sanctions. Defense accordingly starts by establishing the person's status at the moment of the act and the applicable regime.
Failure to Execute a Superior's Order and Resistance
The composition of failure to execute an order is multi-tiered. Failure by a subordinate to execute a superior's order issued in the established manner, which substantially harmed the interests of military service, is punishable by service restriction for up to two years or imprisonment for up to one year. The same act committed by a group or negligently causing a grave consequence is punishable by imprisonment from two to five years. Where the order was not executed out of a careless or dishonest attitude towards service, substantially harming its interests, service restriction for up to one year applies. Resistance to a superior or forcing him to violate his military duty by violence or the threat of violence is punishable by service restriction for up to two years or imprisonment from two to five years, and the same act committed by a group, with the use of weapons, or causing less serious or grave injury to health or another grave consequence — by imprisonment from four to eight years. Each tier must be established separately: group commission, weapons and gravity are qualifying features to be challenged.