On Combating Crime Directed Against Sexual Freedom and Inviolability

Law of Georgia

On Combating Crime Directed Against Sexual Freedom and Inviolability

Article 1. Purpose of the Law🔗

The purpose of this Law is to contribute to the prevention of crime directed against sexual freedom and inviolability, to combating it, and to ensuring the protection of public safety and legal order.

Article 2. Definition of Terms🔗

For the purposes of this Law, the terms used herein have the following meaning:

a) crime directed against sexual freedom and inviolability — a crime provided for by Chapter XXII, Articles 143¹ and 143² of the Criminal Code of Georgia (if the crime provided for by these articles involves coercion to provide sexual services or involving a person in prostitution/pornography), by subparagraph "a" of paragraph 3 of Article 144¹, by Article 253, by paragraph 4 or 5 of Article 254, by paragraphs 3–7 of Article 255, and by Articles 255¹ and 255²;

b) convicted person — a person (including a person who has served a sentence) against whom a court's guilty verdict has been rendered for committing a crime directed against sexual freedom and inviolability, but who has not been deprived of the relevant right on the basis of the court's guilty verdict in accordance with the procedure established by this Law;

c) Ministry — the Ministry of Internal Affairs of Georgia;

d) person deprived of rights — a person who, for committing a crime directed against sexual freedom and inviolability, in accordance with this Law, on the basis of the court's guilty verdict, has been deprived of one or several relevant rights;

e) register — an electronic database created in the Ministry, in which the personal data of persons convicted of and persons deprived of rights for committing a crime directed against sexual freedom and inviolability are entered.

Law of Georgia of 13 July 2020 No. 6756 – website, 20 July 2020.

Article 3. Deprivation of rights🔗

1. A court is entitled, on the basis of a conviction, to deprive a person of one or several of the following rights:

a) the right to carry out activity in an educational institution, the right to carry out activity in an institution of early and preschool upbringing and education, in an out-of-school educational and upbringing institution (including an out-of-school artistic and sports institution), the right to provide any type of educational/instructional/upbringing service to minors, and the right to carry out activity in an institution providing the said service;

b) the right to be present in an educational institution intended for minors, in an institution of early and preschool upbringing and education, in the area adjacent thereto within a radius of not more than 30 metres, in a library intended for minors, in a children's entertainment centre, in an out-of-school educational and upbringing institution (including an out-of-school artistic and sports institution), in an institution providing any type of educational/instructional/upbringing service to minors;

c) the right to live together with a minor, if the said person has committed a crime provided for by Articles 137–141 of the Criminal Code of Georgia against a minor, or if he/she has committed a crime provided for by Articles 143¹ and 143² of the same Code (if the crime provided for by these Articles includes forcing to provide sexual services or involving a person in prostitution/pornography), by subparagraph "a" of paragraph 3 of Article 144¹, by Article 253, by paragraph 4 or 5 of Article 254, by paragraphs 3–7 of Article 255, by Articles 255¹ and 255²;

d) the right to work as a social worker;

e) the right to carry out medical activity;

f) the right to carry out activity in state and local self-government treasury (budgetary) institutions – in public authority bodies;

g) passive electoral right;

h) the right to manufacture, acquire, keep and carry arms;

i) the right to transport passengers by means of transport, including public transport;

j) the right to other activity, deprivation of which, taking into account the personality of the offender and the nature of the crime, the court considers expedient.

2. The court shall mandatorily deprive the convicted person of the rights provided for by subparagraphs "a" and "b" of paragraph 1 of this Article, if he/she has committed a crime provided for by Articles 137–139, 141 and 255¹ of the Criminal Code of Georgia against a minor, or if he/she has committed a crime provided for by Articles 143¹ and 143² of the same Code (if the crime provided for by these Articles includes forcing to provide sexual services or involving a person in prostitution/pornography), or a crime provided for by subparagraph "a" of paragraph 3 of Article 144¹.

3. The court shall not deprive of the right provided for by subparagraph "h" of paragraph 1 of this Article a person to whom, as an additional punishment, restriction of rights related to arms is imposed in accordance with the procedure established by the Criminal Code of Georgia.

4. By a judge's decision, the deprivation of the right provided for by subparagraph i of paragraph 1 of this article may not extend to the transportation by a person of family members (mother, father, spouse, child (stepchild), adopted child).

5. Deprivation of the right provided for by subparagraph b of paragraph 1 of this article (except for the right to be in a children's entertainment centre) shall not apply to a person who is receiving general education, or to a person whose place of residence is located within a radius of not more than 30 metres on the territory adjacent to the institution defined by the same subparagraph.

6. A person shall be deprived of the relevant right provided for by paragraph 1 of this article:

a) in the event of the commission of a less serious category crime – for a term of up to five years;

b) in the event of the commission of a serious category crime – for a term of five to ten years;

c) in the event of the commission of an especially serious category crime – for a term of ten to fifteen years.

7. When taking a decision on the deprivation of the right provided for by subparagraphs a–j of paragraph 1 of this article for a convicted person, the court shall take into account his personal characteristics, family situation, criminal record, the convicted person's attitude towards the crime committed by him, the circumstances and method of the commission of this crime, the resulting consequences, the risk of repeated commission of the crime, the mutual relationship between the victim and the convicted person, and other circumstances.

8. The deprivation of the right provided for by this article for a person shall be indicated in the operative part of the court's guilty verdict.

9. The court shall immediately notify the Ministry of the conviction of a person for the commission of a crime against sexual freedom and inviolability, as well as of the deprivation of the relevant right for that person.

10. The court shall also immediately notify the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia and, according to the place of residence of the convicted person, the municipality of the deprivation of the right provided for by subparagraph c of paragraph 1 of this article for the convicted person.

11. The court shall immediately notify the administration of the convicted person's place of work of the conviction of a person for the commission of a crime against sexual freedom and inviolability, if he/she is employed in an institution in which the employment of a person convicted of a crime against sexual freedom and inviolability is prohibited.

12. The court shall immediately notify the administration of the place of work of the person deprived of the right of the deprivation, for that person, of the right to carry out an activity provided for by subparagraphs a–j of paragraph 1 of this article, if he/she is employed in the institution in which he/she was also deprived of the right to carry out the activity on the basis of a court judgment.

13. The penitentiary institution shall immediately send to the Ministry written notification regarding the release from the penitentiary institution, escape, short-term leave outside the penitentiary institution in accordance with the procedure established by Article 125 of the Penitentiary Code, and leaving the imprisonment institution for preparation for release in accordance with the procedure established by paragraph 12 of Article 34 of the same Code, of a person convicted of committing a crime against sexual freedom and inviolability.

Law of Georgia of 13 July 2020 No. 6756 – website, 20.07.2020.

Law of Georgia of 15 December 2023 No. 4003 – website, 26.12.2023.

Article 4. Calculation of the term🔗

For a person, the counting of the term for deprivation of the respective right provided for by paragraph 1 of Article 3 of this Law begins:

a) upon conviction of the person with imprisonment – immediately upon the person's serving the sentence imposed by the court's guilty verdict;

b) when a conditional conviction is applied to a person – from the moment the probation period begins;

c) in the case provided for by paragraph 5 of Article 50 of the Criminal Code of Georgia − from the moment the person leaves the respective institution;

d) when a non-custodial sentence is imposed on a person as the main sentence – from the moment the court's guilty verdict enters into legal force;

e) upon conditional early release of the person − from the moment of the person's conditional early release;

f) when the unserved part of the sentence is replaced for the person by a lighter type of sentence − from the moment the sentence is replaced for the person;

g) in another case provided for by the legislation of Georgia, upon release of the person from serving the sentence − from the moment of the person's release from serving the sentence.

Article 5. Restoration of a right🔗

1. Early restoration of a right deprived from a person or reduction of the term of deprivation of a right shall be permissible:

a) in the case of conviction of a person for committing a crime of a less serious category − after not less than one third of the term of deprivation of the right has elapsed;

b) in the case of conviction of a person for committing a crime of a serious category − after not less than half of the term of deprivation of the right has elapsed;

c) in the case of conviction of a person for committing a crime of a particularly serious category − after not less than two thirds of the term of deprivation of the right has elapsed.

2. The permanent commission examining matters of revocation of conditional conviction (hereinafter − the Commission) of the Legal Entity of Public Law operating in the field of governance of the Ministry of Justice of Georgia − the National Agency for Crime Prevention, Enforcement of Non-custodial Sentences and Probation, shall be entitled, taking into account the personality and behaviour of the person deprived of the right, to restore to them early the deprived right or to reduce the term of deprivation of the right.

3. Violation (non-fulfilment) by a person deprived of the right of the restrictions (deprivation of the right) imposed on them by this Law entails criminal liability.

4. The restrictions (deprivation of the right) imposed on a person deprived of the right by this Law shall be explained to them by the court upon pronouncement of a conviction judgment, and upon leaving the penitentiary facility − also by the penitentiary facility.

Article 6. Obligations of the Convicted Person/Person Deprived of Rights🔗

1. The convicted person/person deprived of rights shall, in the event of a summons by an authorized person of the Ministry, appear at the relevant territorial body of the Ministry. The convicted person/person deprived of rights must be summoned to the relevant territorial body of the Ministry a reasonable time in advance and with reasonable frequency.

2. An authorized person of the Ministry shall send the convicted person/person deprived of rights a notification on summons to the relevant territorial body of the Ministry no later than 10 days from receipt of information on the release of the convicted person/person deprived of rights from the penitentiary facility, from receipt of information on his/her conditional early release/replacement of the unserved part of the sentence with a lighter type of punishment, or, when imposing a non-custodial sentence as the main type of punishment for him/her, from receipt of the court's guilty judgment that has entered into legal force.

3. When the convicted person/person deprived of rights appears at the relevant territorial body of the Ministry, the authorized person of the Ministry shall determine his/her actual place of residence, place of work, data on persons living with him/her (name, surname, age, relationship with the convicted person/person deprived of rights) and other matters determined by order of the Minister of Internal Affairs of Georgia (hereinafter – the Minister). When the convicted person/person deprived of rights appears at the relevant territorial body of the Ministry, the obligations imposed on him/her by this Law and, in case of their non-fulfilment, the liability established by the legislation of Georgia shall be explained to him/her in writing.

4. The convicted person/person deprived of rights shall, in case of change of the data provided for by paragraph 3 of this Article, notify the relevant territorial body of the Ministry according to his/her place of residence immediately, but no later than 5 days.

5. In the case provided for by this Article, the obligations imposed on the convicted person/person deprived of rights shall not be considered unfulfilled if one of the following valid reasons exists:

a) such state of health of the convicted person/person deprived of rights that he/she cannot appear at the relevant territorial body of the Ministry, which is confirmed by a certificate issued by a doctor;

b) death of a close relative of the convicted person/person deprived of rights (parent, adoptive parent, child, foster child, grandmother, grandfather, grandchild, sister, brother, spouse (including divorced)) or of a person permanently living with the convicted person/person deprived of rights;

c) business trip related to the official or professional activity of the convicted person/person deprived of rights, which is confirmed by a relevant document;

d) existence of force majeure, namely, natural disaster, accident, fire, mass disorder, military action, quarantine or declaration of a state of emergency, which is confirmed by a document issued by the relevant state institution;

e) detention/imprisonment of a convicted person/person deprived of rights in accordance with the procedure established by law, his/her participation in investigative/procedural actions and operative-search measures, which is confirmed by the relevant document;

f) the presence of a convicted person/person deprived of rights in reserve military service, which is confirmed by the relevant document, which shall be submitted to the appropriate territorial body of the Ministry before the convicted person/person deprived of rights is called up for reserve military service;

g) another circumstance which is considered a valid reason by order of the Minister.

6. Failure by a convicted person/person deprived of rights to fulfil, without a valid reason, the obligation provided for by this Article entails the imposition of the liability established by the Code of Administrative Offences of Georgia.

7. The obligation provided for by this Article shall be imposed on a convicted person for the term of the criminal record, and on a person deprived of rights — for the term of deprivation of the right.

8. The obligation provided for by this Article shall be imposed on a person deprived of rights for the term of the criminal record, if the term of deprivation of any right defined for him/her by paragraph 1 of Article 3 of this Law is less than the term of the criminal record.

Law of Georgia of 21 September 2023 No. 3535 – website, 12.10.2023.

Article 7. Monitoring🔗

1. An educational institution, an early and preschool upbringing and education institution, an out-of-school educational and upbringing institution (including an out-of-school art and sports institution), an institution providing educational/teaching/upbringing services, and the institution provided for by Georgian legislation in which the employment of a person convicted/a person deprived of rights for the commission of a crime against sexual freedom and inviolability is prohibited, shall be obliged, before granting a person the right to carry out the relevant activity, to require from him/her the submission of a certificate on conviction/deprivation of rights. Failure to fulfil the said obligation entails the imposition of the liability established by Georgian legislation.

2. The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia, the Ministry of Education, Science and Youth of Georgia, the Ministry of Culture of Georgia, the Ministry of Sports of Georgia, the Ministry of Justice of Georgia, and the municipality shall, within the scope of their competence, monitor the fulfilment by the institution subordinate to them/controlled by them of the obligation provided for by paragraph 1 of this article, and, in the event of detection of its non-fulfilment (violation), shall, within the scope of their competence, respond and immediately notify the Ministry thereof. For this purpose, they are entitled, if necessary, to request information from the institution subordinate to them/controlled by them or to create mechanisms for access to the data existing in this institution.

3. An authorized person of the Ministry, for the purpose of monitoring the fulfilment by the convicted person/person deprived of rights of the restrictions imposed on him/her/the obligations assigned to him/her, is entitled to appear at the place of residence/place of work of the convicted person/person deprived of rights, if necessary to summon him/her, to request information about his/her place of residence/place of work and about the identifying data provided for by paragraph 3 of Article 6 of this Law, and to carry out other measures determined by Georgian legislation.

4. If there is a fact or information indicating a real threat of the commission of a crime by the convicted person/person deprived of rights, the authorized person of the Ministry communicates the personal data of the convicted person/person deprived of rights to the specific institution/agency in the adjacent territory of which there is a real threat of the commission of a crime by the convicted person/person deprived of rights. This institution/agency shall be obliged, upon detection of the threatening action of the convicted person/person deprived of rights, to immediately ensure the provision of appropriate information to the Ministry. The Ministry responds to this notification in accordance with Georgian legislation.

5. Mechanisms for the exchange of information between the authorised institutions/agencies and for the coordination of their activities shall be determined by a Resolution of the Government of Georgia.

6. The institution/agency provided for by paragraph 4 of this Article shall ensure the confidentiality of the information submitted to it concerning the conviction of a person/deprivation of a person of a right for the commission of a crime directed against sexual freedom and inviolability, and shall take measures to prevent its unlawful disclosure. Unlawful disclosure of the said confidential information shall entail the imposition of the liability established by the legislation of Georgia.

7. The procedure for the prevention and control by the authorised bodies of the Ministry of crimes directed against sexual freedom and inviolability shall be approved by a normative act of the Minister.

8. The procedure for the enforcement and monitoring of this Law shall be approved by a Resolution of the Government of Georgia.

Law of Georgia of 16 March 2021 No. 348 – website, 18.03.2021.

Law of Georgia of 30 November 2023 No. 3834 – website, 15.12.2023.

Law of Georgia of 12 December 2024 No. 89 – website, 28.12.2024.

Article 8. Register of persons convicted and persons deprived of rights for the commission of a crime directed against sexual freedom and inviolability🔗

1. For the purposes of the enforcement of this Law, a register of persons convicted and persons deprived of rights for the commission of a crime directed against sexual freedom and inviolability (hereinafter – the register) shall be created within the Ministry.

2. For the purposes of maintaining the register, the Ministry shall process the personal data of a convicted person/person deprived of rights, including information on his/her criminal record, dactyloscopic and other identifying data, in accordance with the legislation of Georgia on personal data protection.

3. The procedure for the creation of the register and the processing of personal data shall be established by an Order of the Minister.

Article 9. Transitional provisions🔗

1. The Government of Georgia shall, before 1 May 2020, ensure the adoption of a resolution on the approval of the procedure for the enforcement and monitoring of the Law of Georgia "On Combating Crimes Directed against Sexual Freedom and Inviolability".

2. The Minister shall, before 1 May 2020, ensure:

a) the issuance of a normative act "On the Approval of the Procedure for the Prevention and Control by the Authorised Bodies of the Ministry of Internal Affairs of Georgia of Crimes Directed against Sexual Freedom and Inviolability";

b) the compliance of the relevant subordinate acts with this Law.

3. The Ministry shall, before 1 May 2020, ensure the creation of the register, in which shall be entered the personal data of persons convicted/persons deprived of rights for the commission of a crime directed against sexual freedom and inviolability as of that date.

Article 10. Final provisions🔗

1. This Law, except for Articles 1–8 of this Law, shall enter into force upon publication.

2. Articles 1–8 of this Law shall enter into force from 1 May 2020.

President of Georgia Salome Zourabichvili

Tbilisi,

17 March 2020

N5749-IIs