On Amnesty

On Amnesty

Law of Georgia

Proceeding from the principles of humanism and taking into account the public demand for the restoration of correct data in personal identification documents, amnesty is declared, as a temporary and special measure, on the basis of this Law, and persons who have committed the crimes provided for by the Criminal Code of Georgia (Legislative Herald of Georgia, No 41(48), 1999, Art. 209) shall be released from criminal liability and punishment.

Article 1¹. The amnesty provided for by this Law shall apply to:🔗

a) a person who has committed the crime provided for by Article 339, Article 362 and/or paragraph 1 of Article 363 of the Criminal Code of Georgia, which is related to the production, acquisition, storage for the purpose of sale or use, sale, use of a corresponding forged document of an identity card of a citizen of Georgia, a residence certificate, a passport of a citizen of Georgia, a passport of the former Union of Soviet Socialist Republics, another travel document, a civil act record, a civil act registration certificate, another official document to be issued within the competence of the Legal Entity of Public Law – the Public Services Development Agency (hereinafter – the Agency) and/or the certificate of an internally displaced person – IDP, and to the unlawful appropriation, concealment, destruction, damage of an official document issued within the competence of the Agency and/or of the certificate of an internally displaced person – IDP, and who, in accordance with Article 3 of this Law, voluntarily declares the commission of the said crime;

b) a person who is charged with or convicted of the commission of the crime provided for by subparagraph „a“ of this paragraph.

2. The amnesty provided for by this Law shall apply to a person who committed the crime provided for by subparagraph „a“ of paragraph 1 of this Article before 1 January 2009 and/or who, on the basis of the commission of the said crime before 1 January 2009, used a forged document issued/created or incorrect data contained in a document before the entry into force of this Law.

Article 2. A person who has committed the crime provided for by Article 1 of this Law shall be released from criminal liability and punishment, as well as from the obligation to reimburse the financial benefit received as a result of the commission of the crime, which implies release from the obligation to reimburse to the State the monthly allowance of an internally displaced person – IDP received on the basis of the certificate of an internally displaced person – IDP and the financial assistance issued on the basis of an individual administrative-legal act of the Minister for Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia.🔗

Article 3¹. In order for the person defined by subparagraph „a“ of paragraph 1 of Article 1 of this Law to benefit from the amnesty provided for by this Law, he/she shall apply by application to the Agency or to a diplomatic representation or consular institution of Georgia abroad until 31 December 2014 inclusive. If, as a result of committing a crime provided for by this Law, a person holds a false certificate of an internally displaced person – refugee, he/she shall, within the time limit specified in this paragraph, apply by application to the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia regarding the commission of the crime provided for by this Law.🔗

2. The obligation established by paragraph 1 of this Article shall not apply to the person defined by subparagraph „b“ of paragraph 1 of Article 1 of this Law.

3. If it is established that the data indicated in an identity card of a citizen of Georgia, a residence certificate, a passport of a citizen of Georgia, a passport of the former Union of Soviet Socialist Republics, another travel document, a civil act record or a certificate of registration of a civil act and/or another official document to be issued within the scope of the Agency's competence are inconsistent with the true data, the Agency shall cancel the relevant document and shall carry out other actions provided for by Georgian legislation for the purpose of entering corrections into the database of civil acts.

4. If it is established that the data indicated in a certificate of an internally displaced person – refugee are inconsistent with the true data, the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia shall cancel the relevant document and shall carry out other actions provided for by Georgian legislation for the purpose of entering corrections into the relevant database.

5. In accordance with paragraph 1 of this Article, in the event of an application being submitted to the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia, the Ministry shall provide the Agency with relevant information about the person. If the false certificate of an internally displaced person – refugee was issued on the basis of a false document – an identity card of a citizen of Georgia, a residence certificate, a passport of a citizen of Georgia, a passport of the former Union of Soviet Socialist Republics, another travel document, a civil act record or a certificate of registration of a civil act – the Agency shall carry out the measures provided for by paragraph 3 of this Article.

6. If the Agency and/or the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia has information about the commission of a crime provided for by this Law, including without a voluntary application by the person, it shall be obliged to send this information to the relevant investigative body.

7. In respect of a person who has committed the crime provided for by subparagraph „a“ of paragraph 1 of Article 1 of this Law and has not voluntarily reported such crime in the manner established by this Law, criminal prosecution may be initiated only after 31 December 2014.

Article 4¹. For the purpose of executing the amnesty provided for by this Law in respect of a person defined by subparagraph „a“ of paragraph 1 of Article 1 of this Law, the decision at the stage of investigation shall be taken by the relevant prosecutor.🔗

2. For the purpose of executing the amnesty provided for by this Law in respect of an accused person defined by subparagraph „b“ of paragraph 1 of Article 1 of this Law, the decision at the stage of investigation shall be taken by the relevant prosecutor, and at the stage of court hearing of the case — by the relevant court.

3. For the purpose of executing the amnesty provided for by this Law in respect of a convicted person defined by subparagraph „b“ of paragraph 1 of Article 1 of this Law, the decision at the stage of court hearing of the case shall be taken by the relevant court, and in a case of completed proceedings — by the district (city) court that delivered the initial judgment, to which the relevant imprisonment facility/probation bureau shall send the personal file of the convicted person held in detention or under probation regime within 2 weeks from the entry into force of this Law.

4. The court is entitled to consider the matters provided for by this Article without an oral hearing.

Article 5. The procedure for submitting and considering an application requesting amnesty, as well as for forwarding the case to the investigative body for consideration, shall be established by an Order of the Minister of Justice of Georgia, and in respect of the facts related to the production, acquisition, keeping for the purpose of sale or use, sale, use of a corresponding forged document of an internally displaced person — a refugee certificate, and the unlawful appropriation, concealment, destruction, damage of an internally displaced person — a refugee certificate — by an Order of the Minister of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia.🔗

Article 6. The Minister of Justice of Georgia and the Minister of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia shall issue the orders provided for by Article 5 of this Law within 15 days from the entry into force of this Law.🔗

Article 7. This Law shall enter into force upon publication.🔗

President of Georgia Giorgi Margvelashvili

Kutaisi,

25 December 2013

No. 1863-rs