On Amnesty

On Amnesty

Law of Georgia

On Amnesty

The State of Georgia, proceeding from the principle of humanism, in the form of a temporary and special measure of a one-time nature, taking into account the degree of public danger, on the basis of this Law, releases from criminal liability and from serving the sentence persons suspected, accused, defendants and convicted in the crimes provided for by the Criminal Code of Georgia (Legislative Herald of Georgia, No 41(48), 1999, Art. 209), and also, in accordance with this Law, terminates criminal prosecution in respect of those persons who, in accordance with the Criminal Code of the Republic of Georgia (Bulletins of the Supreme Council of the Georgian SSR, 1961, No I, Art. 10), were brought to criminal responsibility as accused before 1995 and in respect of whom a search has been declared.

Article 1🔗

1. Shall be released from criminal liability and from punishment those persons who are suspected, accused, defendants or convicted under Articles 113, 121, 128, 129, 130, 193, 195, 196, 203, 207, 211, 213, 216, 219, 243, 249, 257, 259, 272, 275, 277, 279, 283, 284, 293, 300, 301, 302, 303, 344, 3441, 356, 358, 360, 361, 377, 3771, 383, 384, 385, 386, 387, 390-403 of the Criminal Code of Georgia (Legislative Herald of Georgia, No 41(48), 1999, Art. 209), by paragraph 1 of Article 118, by paragraph 1 of Article 187, by paragraphs 1 and 2 of Article 188, by paragraph 1 of Article 192, by paragraphs 1, 2 and 3 of Article 200, by paragraphs 1 and 2 of Article 214, by paragraphs 1, 2 and 3 of Article 276, by paragraphs 1 and 3 of Article 388, by paragraph 1 of Article 389.

2. 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 paragraph 1 of this Article, even if the person who committed the crime has not been identified.

Article 2🔗

1. The unserved part of the sentence shall be halved for convicted persons under Articles 125, 197, 208, 218, 221, 362, 363, 375, 376 of the Criminal Code of Georgia, by paragraph 2 of Article 187, by paragraph 3 of Article 188, by paragraph 1 of Article 210, by paragraphs 3 and 4 of Article 214, by paragraphs 4-6 of Article 276, by paragraph 4 of Article 388, by paragraph 2 of Article 389.

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

Article 3🔗

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

2. The amnesty provided for by this Law shall not apply to fines already paid which were imposed as a principal penalty.

3. Persons released from punishment on the basis of this Law shall have their criminal record expunged in accordance with the procedure established by the legislation of Georgia.

Article 4🔗

1. Criminal prosecution shall be terminated in respect of persons in respect of whom, before 1995, a ruling was issued on charging them as an accused and bringing them to criminal responsibility (except for persons charged with the crimes provided for by Articles 65, 65¹, 65², 66, 66¹, 67, 68, 69, 70, 72, 73, 75, 76, 77, 77¹, 78, 78¹, 80, 96, 96¹, 103, 104, 105, 108, 110 (paragraphs 2 and 3), 116, 117, 133, 133¹, 133², 149, 152, 186, 187, 189, 189¹, 190, 192, 193, 194, 195, 203, 209¹, 228¹, 240, 241 (paragraphs 2 and 3), 243, 252 (paragraphs 1-2, 4-6), 264, 273, 274, 275, 279, 280, 281 and 282 of the Criminal Code of the Republic of Georgia (Bulletins of the Supreme Council of the Georgian SSR, 1961, No. I, Art. 10)) and in respect of whom a wanted notice has been issued as at the moment this Law enters into force.

2. If criminal prosecution is pending in respect of a person and a wanted notice has been issued for the commission of crimes provided for by two or more Articles of the Criminal Code of the Republic of Georgia, one or several of which are subject to amnesty under this Law, the criminal prosecution shall be terminated only in the part which, in accordance with paragraph 1 of this Article, constitutes the ground for amnesty.

Article 5🔗

The amnesty provided for by Articles 1 and 2 of this Law shall apply to persons who committed the relevant crimes before 15 November 2007.

Article 6🔗

1. The bodies conducting criminal proceedings shall adopt procedural decisions on the matters of amnesty provided for by this Law without the consent of the suspect, the accused and the person standing trial.

2. The suspect, the accused and the person standing trial referred to in paragraph 1 of this Article shall be entitled to appeal the decision on amnesty in accordance with the procedure established by the legislation of Georgia.

Article 7🔗

1. A 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 district (city) prosecutor.

2. A decision on the application of the amnesty provided for by this Law in respect of a defendant and a convicted person whose proceedings have not been completed shall be taken by the relevant court.

3. A decision on the application of the amnesty provided for by this Law in respect of convicted persons whose proceedings have been completed shall be taken by the relevant district (city) court that rendered the initial decision, to which the relevant institution of the Ministry of Justice of Georgia shall send the convicted person's personal file within 1 week from the entry into force of this Law.

4. The court shall be entitled to consider the issue of application of amnesty without an oral hearing if, on the basis of the amnesty, the person is fully released from criminal liability and punishment.

5. In the case provided for by paragraph 3 of this Article, the decision on the application of amnesty shall be taken by a judge of the relevant district (city) court, in accordance with the time limit determined by Article 8 of this Law.

Article 8🔗

This Law shall enter into force upon publication and shall be executed within 1 month from publication.

Acting President of Georgia N. Burjanadze

Tbilisi,

29 November 2007.

No. 5509_rs