Military Law in Georgia — the Real Shape
Georgia has no separate military court system and no separate military code: crimes against military service are tried by ordinary courts under ordinary criminal procedure, and the norms sit in a dedicated chapter of the Criminal Code. A 'military law' page here therefore really consists of two things: the chapter on crimes against military service and the compositions of evading conscription. Below, five articles are explained — they form the legal backbone of this field, beginning with the concept, running through discipline, property and conscription, and ending with the anchor of international humanitarian law. The day-to-day service order — duty, leave, discharge — is regulated by separate legislation and lies outside this page.
Article 382 — the Concept: What a Military Crime Is
The backbone article is 382. Under its first part, a crime against military service is an act provided by this chapter, directed against the order of military service, committed by a servicemember or by a reservist during the performance of reserve military service. The concept thus defines two categories of subject — the servicemember and the reservist performing reserve service — and the whole chapter is tested through that circle. The second part assigns the liability in time of war or martial law to the framework of Georgian legislation — the peacetime sanctions do not automatically extend to wartime conditions.
Article 356 — Evasion of Service by the Person Called Up
Article 356 regulates the conscription side. Under the first part, evasion of military service by the person called up — including simulation of illness, self-injury, use of a forged document or other deception — is punishable by a fine or deprivation of liberty for a term of up to 3 years. The second part regulates evasion of non-military, alternative labour service with the same list of means — a fine, or community service for a term of 180 to 200 hours, and/or deprivation of liberty for a term of up to 1 year. The third part aggravates these acts committed in time of martial law or a state of emergency — deprivation of liberty for 2 to 5 years. This norm is contested around the evidence of unfitness, the validity of documents and the boundaries of intent, and the defence here often depends precisely on the quality of that evidence.
Articles 383 and 397 — Discipline and Military Property
The core of discipline is Article 383 — disobedience of a superior's order. Under the first part, non-compliance by a subordinate with an order given in the established manner, which substantially harmed the interests of military service, is punishable by service restriction of a military person for a term of up to 2 years or deprivation of liberty for up to 1 year. The same act committed by a group, or negligently causing a grave consequence, is punishable by deprivation of liberty for 2 to 5 years, while non-compliance due to a careless or dishonest attitude to service is punishable by service restriction for up to 1 year. The property direction is governed by Article 397: deliberate damage to or destruction of weapons, ammunition, vehicles, military equipment or other military property is punishable by a fine or service restriction for up to 2 years or deprivation of liberty for up to 2 years; the same act causing the death of a person or another grave consequence — deprivation of liberty for 2 to 5 years.
Article 411 — the Humanitarian-Law Anchor
The chapter's outer line is drawn by Article 411 — deliberate violation of the norms of international humanitarian law in armed conflict. The first part regulates violations during an international or non-international armed conflict — attacks on the civilian population or civilians, indiscriminate attacks, attacks on objects containing dangerous forces, attacks on undefended localities, attacks on a person who has ceased to participate in hostilities, improper use of protective signs, transfer and deportation of populations, obstruction of repatriation, apartheid, attacks on cultural heritage — and provides deprivation of liberty for a term of 10 to 15 years. The second part regulates violations directed against persons protected by humanitarian law — deliberate murder, torture, infliction of severe suffering, forced service in the opponent's forces, deprivation of the right to a fair trial, hostage-taking — and provides deprivation of liberty for 15 to 20 years or life imprisonment.
Frequently Asked Questions
Below we answer the most frequent questions about this field.
Is there a military court in Georgia?
No — military crimes are tried by ordinary courts under ordinary procedural rules.
Who can be charged with a military crime?
A servicemember or a reservist performing reserve military service, under the concept of Article 382; evasion of service is a charge against the person called up.
How is evasion of military service punished?
A fine or deprivation of liberty for up to 3 years; in time of martial law or emergency — 2 to 5 years.
When can life imprisonment be imposed?
For violations of humanitarian law against protected persons — under the second part of Article 411, where the sanction is 15 to 20 years or life.
How We Help on Legal.ge
On Legal.ge you can contact an experienced criminal-law advocate who handles military-service cases with exact knowledge of this chapter: assesses the qualification of the charge, verifies the elements of subject and circumstances, and defends your interests at every instance of the ordinary courts. Fill in the request form on the site and get a qualified consultation on Legal.ge.