On Amnesty

On Amnesty

Law of Georgia

On Amnesty

Proceeding from the principle of humanism, in accordance with society’s demand for the restoration of justice, taking into account the expediency of reducing the number of prisoners and conditionally convicted persons and the interests of public safety, under conditions of the existence of appropriate mechanisms for control and prevention of the criminogenic situation by the state, the Parliament of Georgia declares amnesty as a one-time, temporary and exceptional measure.

At the same time, proceeding from the current political-legal situation, the Parliament of Georgia, being guided by the criteria defined by Resolution No. 1900 (2012) of the Parliamentary Assembly of the Council of Europe and considering that in Georgia today there exist persons imprisoned on political grounds and persons criminally prosecuted on political grounds, declares political amnesty in accordance with this Law.

Article 1🔗

A person who committed, while a minor, a less serious crime provided for by the Criminal Code of Georgia, except for a crime that resulted in the loss of human life, shall be released from criminal liability and punishment.

Article 2🔗

The imposed punishment shall be halved for a person who has no criminal record for a previously committed intentional crime and who committed, while a minor, a serious and/or especially serious crime provided for by the Criminal Code of Georgia, except for a crime that resulted in the loss of human life.

Article 3🔗

A person who has no prior conviction for an earlier intentional crime and who has committed a less serious crime provided for by the Criminal Code of Georgia shall be released from criminal liability and punishment, except for the following crimes provided for by the same Code: a less serious crime that resulted in the destruction of human life (Article 110; Article 111; Article 112; Article 113; Article 114; Article 115; Article 116; paragraph 2 of Article 118; paragraph 2 of Article 130; paragraph 3 of Article 133; paragraph 2 of Article 161; paragraph 2 of Article 170; paragraph 3 of Article 188; paragraph 2 of Article 220¹; paragraph 3 of Article 229¹; Article 238; paragraph 2 of Article 240; paragraph 2 of Article 281; paragraph 2 of Article 283; paragraph 2 of Article 289; paragraph 3 of Article 292; paragraph 4 of Article 293; paragraph 3 of Article 295; paragraph 3 of Article 297; paragraph 2 of Article 342; paragraph 2 of Article 342¹; paragraph 2 of Article 397); intentional infliction of grave harm to health (paragraph 1 of Article 117); a crime against sexual freedom and inviolability (Article 139; Article 140; Article 141); a crime against human rights and freedoms (Article 142; paragraphs 1 and 2 of Article 142¹; paragraph 1 of Article 143³; Article 144²; paragraph 1 of Article 144³; paragraph 1 of Article 146; Article 153; Article 154; Article 155; Article 156; paragraph 2 of Article 159; paragraph 3 of Article 160; paragraph 1 of Article 161; Article 162; Article 163; Article 164; Article 164¹; Article 164²; Article 164³; Article 166); involving a minor in anti-social activity (paragraph 3 of Article 171); substitution of a child (Article 174); involvement in prostitution (paragraph 1 of Article 253); a crime against the State (paragraph 1 of Article 320; paragraph 1 of Article 321); a crime in office (paragraphs 1 and 2 of Article 332; paragraphs 1 and 2 of Article 333; Article 334; paragraph 1 of Article 335; Article 337; paragraph 1 of Article 339; Article 340; Article 341; Article 342); obstruction of the conduct of proceedings or of investigation (paragraphs 3 and 4 of Article 364); falsification of evidence in a criminal case (paragraph 2 of Article 369¹); concealment of a crime (Article 375); failure to report a crime (Article 376); a crime against the enforcement of court acts (paragraph 2 of Article 378; paragraph 2 of Article 381); call for unleashing an aggressive war (Article 405).

Article 4🔗

The sentence imposed on a woman who has committed a serious and/or especially serious crime provided for by the Criminal Code of Georgia shall be reduced by one third, except for a crime that resulted in the destruction of human life.

Article 5¹. A person who has committed a negligent crime shall be released from criminal liability and punishment, except for a crime provided for by Article 342 of the Criminal Code of Georgia and a crime that has resulted in the deprivation of human life.🔗

2. A person who has committed a negligent crime that has resulted in the deprivation of human life shall be released from criminal liability and punishment, if, upon application of this Law, all legal successors of the victim declare before the investigation or the court their consent that the amnesty provided for by this Law be applied to that person. If the victim's legal successor has died or cannot be found, the amnesty provided for by this Law shall be applied to the person referred to in this Article, if all adult, capable members of the victim's family (mother, father, spouse, child) declare their consent thereto in the manner established by this paragraph.

Article 6🔗

A person who has not previously been convicted of an intentional crime and who has committed the preparation or/and attempt of a less serious or/and serious crime shall be released from criminal liability and punishment.

Article 7🔗

The imposed punishment shall be halved for a person who has not previously been convicted of an intentional crime and who has committed the preparation or/and attempt of an especially serious crime.

Article 8¹. A person who has committed a crime provided for by Article 260, paragraph 3 or/and paragraph 4 of Article 261 of the Criminal Code of Georgia shall be released from criminal liability and punishment, if the act committed by him is not qualified on the ground of sale of a narcotic drug, its analogue or precursor, a psychotropic substance, its analogue or a potent substance, and provided that he has not previously been convicted of an intentional crime, except for a narcotic crime provided for by Chapter XXXIII of the same Code, which was also not qualified on the ground of sale.🔗

2. A person who has committed a crime provided for by Article 273 of the Criminal Code of Georgia shall be released from criminal liability and punishment.

Article 9🔗

A person who has not previously been convicted of an intentional crime and who has committed a crime provided for by paragraph 3 of Article 239 of the Criminal Code of Georgia shall be released from criminal liability and punishment.

Article 10🔗

A person who has committed a crime provided for by Article 339¹ of the Criminal Code of Georgia shall be released from criminal liability and punishment.

Article 11¹. A person who has committed a crime provided for by Article 180 of the Criminal Code of Georgia shall be released from criminal liability and punishment, if all victims or their legal successors, during the application of this Law, express consent before the investigation or the court that the amnesty provided for by this Law be applied to that person.🔗

2. If the legal successor of a victim who is a natural person has died or cannot be found, the amnesty provided for by this Law shall be applied to the person referred to in this Article, if consent thereto is expressed, in accordance with the procedure established by this same Article, by one adult, capable member of the victim's family (mother, father, spouse, child).

3. In the event of reorganization of a victim that is a legal entity, consent to the application of the amnesty provided for by this Article shall be expressed, in accordance with the procedure established by this same Article, by its successor (legal successor) legal entity, and in the event of liquidation, the amnesty provided for by this Article shall be executed.

Article 12🔗

The imposed punishment shall be halved for a person who commits the crimes provided for by the following articles of the Criminal Code of Georgia: paragraph 2 and paragraph 3 of Article 182; paragraph 2, paragraph 3 and paragraph 4 of Article 200; paragraph 2 of Article 202; paragraph 3 of Article 203; paragraph 2 of Article 205¹; paragraph 2 of Article 208; paragraph 2 of Article 210; paragraph 2, paragraph 3 and paragraph 4 of Article 214; paragraph 2 of Article 218; paragraph 3 and paragraph 4 of Article 236; paragraph one of Article 237; paragraph 3 of Article 239; paragraph 2 and paragraph 3 of Article 240¹; paragraph 4 of Article 276; paragraph 2 of Article 353; paragraph 2 of Article 370; paragraph 2 of Article 384; paragraph one and paragraph 2 of Article 389.

Article 13🔗

A person shall be released from criminal liability and punishment imposed for a crime provided for by Article 260 of the Criminal Code of Georgia, if his act is simultaneously qualified under Article 262 of the same Code.

Article 14🔗

A person shall be released from criminal liability and punishment imposed for a crime provided for by Article 261 of the Criminal Code of Georgia, if his act is simultaneously qualified under Article 263 of the same Code.

Article 15🔗

A person shall be released from criminal liability and punishment imposed for a crime provided for by Article 177 of the Criminal Code of Georgia, if his act is simultaneously qualified under Article 303 of the same Code.

Article 16🔗

The imposed punishment shall be reduced by one fourth for a person to whom the operation of Articles 1–15 of this Law does not extend.

Article 17🔗

For a person to whom, in accordance with Article 59 of the Criminal Code of Georgia, punishment was imposed/will be imposed in the case of concurrence of crimes and/or judgments by applying the rule of cumulation of punishments, the operation of this Law shall extend to each crime and punishment separately.

Article 18🔗

Release from criminal liability and punishment and/or reduction of punishment provided by this law shall apply equally and proportionally to a real punishment imposed in the form of imprisonment, to conditional conviction and probation period, to both main and additional punishment, except for a fine and confiscation of property.

Article 19🔗

A person to whom the operation of Article 8 of this law extends shall, together with release from punishment, have restored the rights deprived on the basis of the Law of Georgia “On Combating Drug Crime”.

Article 20🔗

The operation of this law shall not extend to a fine and confiscation of property imposed/enforced as a punishment, as well as to a fine imposed/paid for violation of the regime established by the Law of Georgia “On the Rules for Execution of Non-Custodial Sentences and Probation”.

Article 21🔗

The operation of this law shall extend to a person who committed a crime before 2 October 2012.

Article 22🔗

A person who has been granted, by a resolution of the Parliament of Georgia, the status of a person detained on political grounds or a person criminally prosecuted on political grounds shall be released from criminal liability and punishment.

Article 23¹. The decision on the application of the amnesty provided by Articles 1−21 of this law to an accused shall be taken at the investigation stage by the respective prosecutor.🔗

2. The decision on the application of the amnesty provided by Articles 1−21 of this law to an accused/convicted person shall be taken at the stage of court hearing of the case by the respective court.

3. The decision on the application of the amnesty provided by Articles 1−21 of this law to a convicted person in a completed proceeding shall be taken by the district (city) court that delivered the initial judgment, to which the respective penitentiary institution, probation bureau or leadership of the military unit shall deliver the personal file of the convicted person held in detention or in the probation regime within 2 weeks from the entry into force of this law, while in respect of a wanted convicted person the Prosecutor's Office of Georgia shall apply, within the same period, regarding the application of the amnesty provided by this law. The court is entitled to consider the issue of the application of the amnesty without an oral hearing.

4. The amnesty provided by Articles 1−21 of this law (except for Article 11 of the same law) shall be executed within 2 months from the entry into force of this law. The amnesty provided by Article 11 of this law shall be executed within 4 months from the entry into force of this law.

Article 24¹. The political amnesty provided for by Article 22 of this Law shall be executed in respect of persons held in detention on political grounds by the Chief Prosecutor's Office of Georgia and the Ministry of Corrections, Probation and Legal Assistance of Georgia within 1 week from the entry into force of this same Law. Within the same period, the revocation of the preventive measure or their release from punishment in respect of persons prosecuted on criminal charges on political grounds as provided for by Article 22 of this Law shall be carried out.🔗

2. The Chief Prosecutor's Office of Georgia, on the basis of this Law, shall apply by motion to the competent court for the revocation of the preventive measure applied to an accused person prosecuted on criminal charges on political grounds, or, with the consent of the accused, shall terminate the criminal prosecution, and shall apply to the district (city) court that delivered the initial judgment for the release of the convicted person from punishment.

Article 25🔗

Every person to whom the operation of this Law extends has the right to enjoy the right to a fair trial of their criminal case by a court.

Article 26🔗

A person to whom the amnesty has been extended may appeal the decision on the application of this Law once, within 2 weeks from the delivery of the decision to them, to the Criminal Cases Cassation Chamber of the Supreme Court of Georgia. The court shall consider the complaint without deciding the issue of admissibility, within 10 days from its submission, in an oral hearing, with the participation of the parties.

Article 27🔗

This Law shall enter into force upon publication.

Chairman of the Parliament of Georgia Davit Usufashvili

Kutaisi,

28 December 2012

No. 202-rs