Who will be affected by amnesty? - საერთაშორისო გამჭვირვალობა - საქართველო
GEO

Who will be affected by amnesty?

15 January, 2021

 

On January 11, 2021 the Parliament of Georgia adopted the bill on amnesty with the third hearing, which was originally initiated in December. According to the law, particular defendants and convicts will be released from the criminal liability and penalty imposed by the Criminal Code of Georgia, the term will be reduced to half or replaced with a lesser sentence. The law enters into force upon its publication.

The Law on Amnesty applies to a person, who committed a crime before December 11, 2020. In addition, the release from a criminal liability applies to a penalty of imprisonment, conditional sentence and probationary period, on initial and additional penalties (excluding fines and confiscating properties).[1]

A person will be released from a criminal liability and penalty, if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 121 - Intentional grave or less grave bodily injury caused in the state of sudden and strong emotional excitement;
  • Article 122 - Intentional grave or less grave bodily injury by exceeding the self-defense limits;
  • Article 123 - Intentional grave or less grave bodily injury by exceeding the extent required for seizing an offender;
  • Article 124 - Grave or less grave bodily injury through negligence;
  • Article 152 - Violation of the right to freely choose a place of residence;
  • Article 165 - Violation of the right to strike;
  • Article 168 - Violation of freedom of labor;
  • Article 186, Paragraph 1 - The purchase or sale of property obtained knowingly by illegal means (Excluding the event of sale or the intention to sell a property obtained knowingly by illegal means);
  • Article 197, Paragraph 1 – Falsification;
  • Article 1971 - Illegal transportation or sale of forged goods;
  • Article 203, Paragraphs 1, 4 and 5 - Bribing a participant or organization in a professional sport or commercial entertaining competition;
  • Article 206 - Breach of the procedure for books of account in the case of insolvency;
  • Article 207 - Failure to file an application for initiating insolvency proceedings in the case of insolvency;
  • Article 214, Paragraph 1 - Breach of the procedure related to the movement of goods across the customs border of Georgia;
  •  Article 2201, Paragraph 1 – Negligence;
  • Article 238 - Negligent storage of firearms (including hunting smooth-bore firearms (shotguns)) (Excluding the case when the act caused a manslaughter); 
  • Article 239, Paragraph 1 – Hooliganism;
  • Article 243, Paragraph 1 - Breach of fire safety regulations;
  • Article 261, Paragraph 1 and 2 - Illegal manufacturing, production, purchase, storage, transportation, transfer or sale of psychotropic substances, their analogues or potent substances (Excluding the sale of psychotropic substances, their analogues or potent substances);
  • Article 265, Paragraph 1 - Illegal sowing, cultivation or cultivation of a plant containing narcotic drugs;
  • Article 271, Paragraph 1 - Making a dwelling place or other premises available for illegal use of drugs, their analogues, new psychoactive substances, psychotropic substances or their analogues;
  • Article 273 - Illegal production, purchase, storage, carrying, transfer and/or illegal consumption without medical prescription of a narcotic drug, its analogue or a precursor in small quantity;
  • Article 2731, Paragraphs 1-7 - Illegal purchase, storage, carrying, transfer and/or sale in small quantities of the cannabis plant, or of marijuana;
  • Article 274 - Evasion of compulsory medical treatment;
  • Article 281, Paragraph 1 - Violation of traffic safety regulations;
  • Article 2871, Paragraph 1 - Violation of the sawmill registration requirements.
  • Article 300, Paragraphs 1 and 2 - Illegal fishing;
  • Article 301, Paragraph 1 - Illegal hunting;
  • Article 356, Paragraphs 1 and 2 - Avoidance of military service or alternative labor service by a person subject to military service;
  • Article 388, Paragraphs 1 and 3 - Arbitrary abandonment of a military unit or another place of service;
  • Article 389, Paragraph 1 – Desertion;
  • Article 398 - Damage or destruction of military property through negligence.

A person without a previous conviction will be released from a criminal liability and penalty, if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 177, Paragraph 1 – Theft;
  • Article 236, Paragraph 1 - Illegal purchase or storage of a hunting firearm or a sports firearm, or of ammunition intended for such a weapon;
  • Articles 2071 and 2072 - Failure to file for insolvency proceedings in case of insolvency.

In case of a victim’s consent[2], a person will be released from a criminal liability and penalty, if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 120, Paragraph 1 and Paragraph 2, Subparagraphs "c", "d" and / or "e" - intentional minor damage to health (except in the case of a family crime);
  • Article 126, Paragraph 1 (except for the case of committing a domestic crime), Paragraph 11 (b), "c" and / or "d", Paragraph 12 (except for systematic beating) and Paragraph 2 (except for systematic beating) "a "," I " and / or “k"- violence;
  • Article 170, Paragraph 1 - Violation of labor protection rules;
  • Article 219, Paragraph 1 – Deceiving a user;
  • Article 240, Paragraph 1 - Violation of safety rules during mining, construction or other work;
  • Article 2401, Paragraph 1 - Violation of safety rules at the facility of electricity or heat, gas, oil or oil products;
  • Article 276, Paragraph 2 and 4 - Violation of traffic safety or operation rules.

In case of victim’s consent, a person without a previous conviction will be released from a criminal liability and penalty, if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 180, Paragraph 1 – Fraud;
  • Article 182, Paragraph 1 - Misappropriation or embezzlement;
  • Article 185, Paragraph 1 - Damage of property by deception;
  • Article 187, Paragraph 1 - Damage or destruction of property;

In case of reimbursement for a damage caused by committing a crime, a person  will be released from a criminal liability and penalty, if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 188, Paragraph 1 - Negligent damage or destruction of property (Excluding the case when the act caused a manslaughter);
  • Article 208 - Illegal obtaining of a credit;
  • Article 211 - Misuse of cheques or credit cards.

In case of reimbursement for damage caused by committing a crime, a person will be released from a criminal liability and penalty, if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 189 - Encroachment upon the rights of a holder of copyright or allied rights and upon the rights of database manufacturers;
  • Article 1891 - Encroachment upon industrial property right;
  • Article 213 - Breach of the securities market rules;

In case of reimbursement for damage caused by committing a crime and in case of a victim’s consent, a person without a previous conviction will be released from a criminal liability and penalty, if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 192, Paragraph 1 - Illegal entrepreneurial activities;
  • Article 193 - Pseudo-entrepreneurship;
  • Article 196 - Unlawful use of trade (service) marks or other commercial designations;
  • Article 199 -Illegal use of Ecomark;
  • Article 2041 - Violation of accounting rules;
  • Article 277, Paragraph 1 - Poor quality repair of a vehicle, release for operation of malfunctioning transport;
  • Article 278, Paragraph 1 - Rendering a vehicle unusable.

The sentence will be reduced to half for a person without a previous conviction[3], if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 1822 - Enforcement activities without a licence;
  • Article 212 - Manufacturing or sale of forged money or securities;
  • Article 260, Paragraph 3 - Illegal manufacturing, production, purchase, storage, transportation, transfer or sale of drugs, their analogues, precursors or new psychoactive substances;
  • Article 261, Paragraph 3 - Illegal manufacturing, production, purchase, storage, transportation, transfer or sale of psychotropic substances, their analogues or potent substances (Excluding the sale of psychotropic substances, their analogues or potent substances)

In case of reimbursement for damage caused by committing a crime and in case of a victim’s consent, the sentence will be reduced to half for a person without a previous conviction, if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 2001, Paragraph 1 - Manufacturing, sale and/or use of counterfeit excise stamps;

In case of reimbursement for damage caused by committing a crime, the sentence will be reduced to half for a person without a previous conviction, if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 200 - Release, storage, sale or transportation of excisable goods without excise stamps;
  • Article 218, Paragraphs 1 or 3 - Tax evasion;

In case of reimbursement for damage caused by committing a crime and in case of a victim’s consent, the sentence will be reduced to half for a person without a previous conviction, if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 118, Paragraph 1 - Intentional less grave bodily injury (Excluding the case of a domestic violence);
  • Article 177, Paragraph 2, Subparagraph “a” and Paragraph 4, Subparagraph “b” - Theft;
  • Article 180, Paragraph 2, Subparagraph “b” and Paragraph 3, Subparagraph “b” - Fraud;
  • Article 182, Paragraph 2, Subparagraph “c” and Paragraph 3, Subparagraph “b” - Misappropriation or embezzlement;
  • Article 188, Paragraph 2 - Negligent damage or destruction of property;
  • Article 205 - Unlawful actions in the case of insolvency;
  • Article 2051 - Concealment of property using fraudulent and/or sham transactions;
  • Article 219, Paragraph 2 - Cheating on consumers;

The sentence will be reduced by a quarter for a person, if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 216 - Breach of the procedure for using the national currency in circulation in the territory of Georgia;
  • Article 217 - Failure to return a sum from abroad in a foreign currency;
  • Article 2381, Paragraph 1 - Carrying melee weapons;
  • Article 265, Paragraphs 2 and 3 - Illegal sowing, growing or cultivation of plants containing narcotics;

The sentence will be reduced by a quarter for a person without a previous conviction, if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 244 - Breach of regulations for keeping records of, storing, transporting, using or transferring explosive, highly flammable, toxic substances or pyrotechnic articles;
  • Article 260, Paragraph 6, Subparagraph “a” - Illegal manufacturing, production, purchase, storage, transportation, transfer or sale of drugs, their analogues, precursors or new psychoactive substances (Excluding the illegal sale of drugs, their analogues, precursors or new psychoactive substances);
  • Article 261, Paragraph 4, Subparagraph “a” - Illegal manufacturing, production, purchase, storage, transportation, transfer or sale of psychotropic substances, their analogues or potent substances (Excluding the sale of psychotropic substances, their analogues or potent substances);

In case of a victim’s consent, the sentence will be reduced by a quarter for a person, if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 151, Paragraph 1, Paragraph 2, Subparagraphs “a” and “b” - Threat (Excluding the case of committing a crime of a domestic violence)

In case of reimbursement for damage caused by committing a crime, the sentence will be reduced by a quarter for a person without a previous conviction, if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 214, Paragraph 2 - Breach of the procedure related to the movement of goods across the customs border of Georgia;
  • Article 218, Paragraph 2, Subparagraph “b” - Tax evasion;

In case of a victim’s consent, the sentence will be reduced by a quarter for a person without a previous conviction, if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 145 - Provocation of crime;
  • Article 2001, Paragraph 2, Subparagraph “c” - Manufacturing, sale and/or use of counterfeit excise stamps;

In case of reimbursement for damage caused by committing a crime and in case of a victim’s consent, the sentence will be reduced by a quarter for a person without a previous conviction, if the committed crime is imposed by the following articles of the Criminal Code of Georgia:

  • Article 127 - Endangering life;
  • Article 128 - Leaving in danger;
  • Article 129 - Failure to assist;
  • Article 130 - Leaving a sick person in danger (Excluding the case when the act caused a manslaughter);
  • Article 133, Paragraphs 1 and 2 - Illegal abortion;
  • Article 134 - Coercion into removing a human organ, part or tissue of an organ;
  • Article 135 - Illegal trade in blood or blood components;
  • Article 185, Paragraph 2, Subparagraph “c” and Paragraph 3, Subparagraph “b” - Damage of property by deception;
  • Article 186, Paragraph 2 - Purchase or sale of property obtained knowingly by illegal means (Excluding the event of sale or the intention to sell a property obtained knowingly by illegal means);
  • Article 187, Paragraph 2 - Damage or destruction of property (Excluding the case of committing a crime of a domestic violence);
  • Article 188, Paragraph 3 - Negligent damage or destruction of property (Excluding the case when the act caused a manslaughter);
  • Article 2401, Paragraph 2 - Breach of safety regulations at electric or thermal energy facilities, or at gas, oil or oil products facilities (Excluding the case when the act caused a manslaughter);
  • Article 243, Paragraph 2 - Breach of fire safety regulations (Excluding the case when the act caused a manslaughter);
  • Article 245, Paragraphs 1 and 2 - Breach of regulations related to the handling of nuclear material, radioactive waste or other sources of ionizing radiation (Excluding the case when the act caused a manslaughter;

An unserved term of a sentence of a female defendant or a convict will be converted to the home detention, who, according to this law, is not subjected to release from a criminal liability and penalty, and has a minor at the moment of enactment of this law and if she is convicted or accused of committing a crime imposed by the following Chapters of the Criminal Code of Georgia[4]:

  • XXV (Crime against Property);[5]
  • XXVI (Crimes against Entrepreneurial or Other Economic Activities);
  • XXVII (Crime in Monetary and Credit System);
  • XXVIII (Crime in Financial Activities);
  • XXXIII (Drug-related Crime, excluding the case when the convict/defendant has a previous record of committing a crime, which includes the sale of drugs, their analogues, precursors or new psychoactive substances and/or psychotropic substances, their analogues or potent substances).

An unserved term of a sentence of a person will be converted to the home detention, who is sentenced to imprisonment at the moment of enactment of this law and along with serving the sentence has obtained a status of a student according to the Law on Higher Education (A status is not suspended) and studies at the higher education institution according to the Imprisonment Code of Georgia and is convicted for committing a crime imposed by the following Chapters of the Criminal Code of Georgia[6]:

  • XXV (Crime against Property);[7]
  • XXVI (Crimes against Entrepreneurial or Other Economic Activities);
  • XXVII (Crime in Monetary and Credit System);
  • XXVIII (Crime in Financial Activities);
  • XXXIII (Drug-related Crime, excluding the case when the convict/defendant has a previous record of committing a crime, which includes the sale of drugs, their analogues, precursors or new psychoactive substances and/or psychotropic substances, their analogues or potent substances).

A person, who committed a crime imposed by Article 260, Paragraph 2 of the Criminal Code of Georgia (Illegal manufacturing, production, purchase, storage, transportation, transfer or sale of drugs, their analogues, precursors or new psychoactive substances) will be released from a criminal liability and penalty.

The life-sentence of a person, who committed the crime imposed by Chapter XXXIII of the Criminal Code of Georgia, will be converted to a termed-sentence and a convict will be released from a penalty after he/she will serve 20 years of his/her sentence (Excluding the case when the Presidential Pardon envisages an earlier release of a convict).

A person convicted for a drug-related crime and to whom the Law on Amnesty applies will be restored with the rights deprived under the Law of Georgia on Combating Drug-Related Crime along with a release from the penalty.

 


[1] Fines are released only if the court decision on the imposition of the fine is issued before October 1, 2012 and the court decision on the imposition of the fine is not enforced. If the court decision is partially enforced, the amnesty applies only to the non-enforceable part of the fine.

[2] If the victim is a deceased or cannot be found, the person mentioned in this article will be granted amnesty if one of the adults of the victim's family (mother, father, spouse, child) consents in accordance with this article, and if the victim does not have such a family member or such a member of the victim's family cannot be found, then the amnesty provided for in this article shall be enforced.

[3] A person convicted under Article 260, Paragraph 3 and / or Article 261, Paragraph 3 shall be deemed not to have been convicted if he / she has been convicted in the past for a crime under Chapter XXXIII of the Criminal Code of Georgia.

[4] A change of sentence does not apply if the person has been convicted of a particularly serious crime.

[5] The sentence will be changed for the crime provided for in Chapter XXV of the Criminal Code of Georgia (crime against property) in case of compensation for the damage caused by the convict as a result of the crime.

[6] A change in the sentence does not apply if the person has been convicted of a particularly serious crime or has acquired student status after the enactment of the said law.

[7] The sentence will be changed for the crime provided for in Chapter XXV of the Criminal Code of Georgia (crime against property) in case of compensation for the damage caused by the convict as a result of the crime.

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