On Amnesty

On Amnesty

Law of Georgia

On Amnesty

The State of Georgia, proceeding from the principle of humanism, as a one-time temporary and special measure, taking into account the degree of public danger, on the basis of this Law, releases from criminal liability and from serving sentence persons suspected, accused, standing trial and convicted of crimes provided for by the Criminal Code of Georgia (Legislative Herald of Georgia, No 41(48), 1999, Art. 209).

Article 1🔗

1. Persons who are a suspect, an accused, a person on trial or a convicted person under the Criminal Code of Georgia (Legislative Herald of Georgia, No 41(48), 1999, Art.

209) Articles 124, 128, 129, 191, 193, 195, 196, 203, 2041, 207, 211, 213, 216, 219, 221, 243, 259, 279, 301, 303, 305, 344, 3441, 347, 357, 360, 361, 384, 385, 386, 387, Article 118(1), Article 187(1), Article 188(1) and (2), Article 192(1), Article 197(1), Article 200(1) and (2), Article 239(1), Article 246(1), Article 276(1), (2) and (3), Article 284(1), Article 304 first

paragraph.

2. Those persons who were minors at the time of the commission of the crime and are a suspect, an accused, a person on trial or a convicted person under paragraph 1 of Article 177 or paragraph 1 of Article 178 of the Criminal Code of Georgia shall be released from criminal liability and punishment.

3. Pre-trial investigation shall not be initiated, and an initiated pre-trial investigation shall be terminated in the cases of the crimes provided for by the articles of the Criminal Code of Georgia indicated in the first paragraph of this Article, also in the case where the person who committed the crime has not been identified.

Article 2🔗

1. The unserved part of the sentence imposed in the form of imprisonment shall be halved for persons convicted under paragraph 1 of Article 180, paragraph 1 of Article 182, paragraph 2 of Article 197, paragraph 1 of Article 200¹, paragraph 1 of Article 200², Article 220, paragraph 1 of Article 272, Article 273, paragraphs 4, 5 and 6 of Article 276, paragraph 2 of Article 284, paragraph 1 of Article 362, paragraph 1 of Article 363 of the Criminal Code of Georgia, for persons convicted under paragraph 1 of Article 260 who committed the unlawful acquisition, storage or transportation of a narcotic drug, its analogue or precursor, for persons convicted under paragraph 1 or 2 of Article 261 who committed the unlawful acquisition, storage or transportation of a psychotropic substance, its analogue or a potent substance.

2. The unserved part of the sentence imposed in the form of imprisonment shall be halved for persons convicted under paragraph 2 of Article 177 of the Criminal Code of Georgia who were minors at the time of the commission of the crime.

3. The principal sentence shall be halved for persons against whom, at the time of the adoption of this Law, criminal prosecution or court proceedings are pending in connection with the crimes provided for by paragraph 1 or 2 of this Article.

Article 3🔗

1. Persons released from sentence on the basis of this Law shall not be released from an additional sentence.

2. This

by the Law

provided for

amnesty

shall not

apply

to paid

fines,

which

are imposed

as

principal

sentence.

3. This

of the Law

on the basis

from sentence

released

persons

criminal record

shall be expunged

of Georgia

by the legislation

established

in the manner.

Article 4🔗

This

of the Law

first

and

2nd

by Articles

provided for

amnesty

applies

to those

persons,

who

the relevant

crimes

committed 2008

15 of the year

before October.

Article 5🔗

Criminal

law

procedure

conducting

bodies

This

by the Law

provided for

of amnesty

on the issues

procedural

decisions

shall take

of the suspect,

of the accused,

of the defendant

and

of the convicted person

consent

without.

Article 6🔗

1. The decision on the application of the amnesty provided for by this Law in respect of a suspect and an accused shall be taken by the relevant prosecutor.

2. The decision on the application of the amnesty provided for by this Law in respect of a person on trial and a convicted person whose proceedings have not been completed shall be taken by the relevant court. The court is entitled to consider the matter provided for by this paragraph without an oral hearing.

3. The decision on the application of the amnesty provided for by this Law in respect of a convicted person whose proceedings have been completed shall, without an oral hearing, be taken once by the relevant district (city) court that delivered the initial decision, to which the relevant institution of the Ministry of Justice of Georgia sends the personal file of the convicted person within 1 week from the entry into force of this Law.

Article🔗

7

This

Law

shall enter into force

upon publication

and

shall be executed

within 2

months

from publication.

President

of Georgia

M.

Saakashvili

Tbilisi,

21 of 2008

November.

No. 53I–IIs