On Amnesty

On Amnesty

Law of Georgia

On Amnesty

Proceeding from the principle of humanism, in the form of a one-time, temporary and special measure, taking into account the degree of public danger, on the basis of this Law, persons accused and convicted of committing certain 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, and persons convicted of committing certain crimes shall have the imposed punishment reduced or replaced with a lighter punishment.

Article 1🔗

A person who has committed a crime provided for by Articles 121–124, Article 152, Article 165, Article 168, paragraph 1 of Article 186 (except for the sale of property knowingly obtained by criminal means or the existence of the purpose of sale), paragraph 1 of Article 197, Article 197¹, paragraph 1, 4 or 5 of Article 203, Article 206, Article 207, paragraph 1 of Article 214, paragraph 1 of Article 220¹, Article 238 (except for the case where the act caused the loss of human life), paragraph 1 of Article 239, paragraph 1 of Article 243, paragraph 1 or 2 of Article 261 (except for the illegal sale of a psychotropic substance, its analogue or a potent substance), paragraph 1 of Article 265, paragraph 1 of Article 271, Article 273, paragraphs 1–7 of Article 273¹, Article 274, paragraph 1 of Article 281, paragraph 1 of Article 287¹, paragraph 1 or 2 of Article 300, paragraph 1 of Article 301, paragraph 1 or 2 of Article 356, paragraph 1 or 3 of Article 388, paragraph 1 of Article 389 or Article 398 of the Criminal Code of Georgia shall be released from criminal liability and punishment.

Article 2🔗

A person without a criminal record who has committed a crime provided for by paragraph 1 of Article 177, Article 207¹, Article 207² or paragraph 1 of Article 236 of the Criminal Code of Georgia shall be released from criminal liability and punishment.

Article 3🔗

1. A person who has no criminal record and who has committed a crime provided for by paragraph 1 of Article 180, paragraph 1 of Article 182, paragraph 1 of Article 185 or paragraph 1 of Article 187 of the Criminal Code of Georgia shall be released from criminal liability and punishment, if each victim, at the time of enforcement of this Law, gives consent before the investigative body or the court that the amnesty provided for by this paragraph be applied to the said person.

2. A person who has no criminal record and who has committed a crime provided for by Article 189, Article 189¹ or Article 213 of the Criminal Code of Georgia shall be released from criminal liability and punishment, if he/she has compensated the damage caused by the crime.

3. A person who has committed a crime provided for by paragraph 1 of Article 120 (except in the case of committing a domestic crime) or subparagraphs "c", "d" or "e" of paragraph 2, paragraph 1 of Article 126 (except in the case of committing a domestic crime), subparagraphs "b", "c" or "d" of paragraph 1¹, paragraph 1² (except for systematic beating) or subparagraphs "a", "i" or "k" of paragraph 2 (except for systematic beating), paragraph 1 of Article 170, paragraph 1 of Article 219, paragraph 1 of Article 240, paragraph 1 of Article 240¹ or paragraph 2 or 4 of Article 276 of the Criminal Code of Georgia shall be released from criminal liability and punishment, if each victim, at the time of enforcement of this Law, gives consent before the investigative body or the court that the amnesty provided for by this paragraph be applied to the said person.

4. A person who has no criminal record and who has committed a crime provided for by paragraph 1 of Article 192, Article 193, Article 196, Article 199, Article 204¹, paragraph 1 of Article 277 or paragraph 1 of Article 278 of the Criminal Code of Georgia shall be released from criminal liability and punishment, if he/she has compensated the damage caused by the crime and each victim, at the time of enforcement of this Law, gives consent before the investigative body or the court that the amnesty provided for by this paragraph be applied to the said person.

Article 4🔗

A person who has committed a crime provided for by paragraph 1 of Article 188, Article 208 or Article 211 of the Criminal Code of Georgia shall be released from criminal liability and punishment, if he/she has compensated the damage caused by the crime.

Article 5🔗

1. A person who has committed a crime provided for by paragraph 1 or paragraph 2 of Article 260 of the Criminal Code of Georgia shall be released from criminal liability and punishment.

2. A person convicted for committing a crime provided for by Chapter XXXIII (drug crime) of the Criminal Code of Georgia, who has been imposed life imprisonment as a sentence, shall have the sentence replaced with imprisonment for a fixed term, and its term shall be set at twenty years, except where an act of pardon issued by the President of Georgia provides for the earlier release of the convicted person.

Article 6🔗

1. The imposed sentence shall be halved for a person without a criminal record who has committed a crime provided for by Article 182², Article 212, paragraph 3 of Article 260 or paragraph 3 of Article 261 (except for the unlawful sale of a psychotropic substance, its analogue or a potent substance) of the Criminal Code of Georgia.

2. The imposed sentence shall be halved for a person without a criminal record who has committed a crime provided for by paragraph 1 of Article 200¹ of the Criminal Code of Georgia, if he has compensated the damage caused by the crime and each victim, upon the enforcement of this Law, states before the investigative body or the court his consent that the amnesty provided for by this paragraph be applied to the said person.

3. The imposed sentence shall be halved for a person without a criminal record who has committed a crime provided for by Article 200 or paragraph 1 or paragraph 3 of Article 218 of the Criminal Code of Georgia, if he has compensated the damage caused by the crime.

4. The imposed sentence shall be halved for a person without a criminal record who has committed a crime provided for by paragraph 1 of Article 118 (except in the case of committing a domestic crime), subparagraph „a“ of paragraph 2 or subparagraph „b“ of paragraph 4 of Article 177, subparagraph „b“ of paragraph 2 or subparagraph „b“ of paragraph 3 of Article 180, subparagraph „c“ of paragraph 2 or subparagraph „b“ of paragraph 3 of Article 182, paragraph 2 of Article 188, Article 205, Article 205¹ or paragraph 2 of Article 219 of the Criminal Code of Georgia, if he has compensated the damage caused by the crime and each victim, upon the enforcement of this Law, states before the investigative body or the court his consent that the amnesty provided for by this paragraph be applied to the said person.

5. For the purposes of paragraph 1 of this Article, a person convicted for committing a crime provided for by paragraph 3 of Article 260 or paragraph 3 of Article 261 of the Criminal Code of Georgia shall be considered as having no criminal record, if he has previously been convicted for committing a crime provided for by Chapter XXXIII (drug crime) of the Criminal Code of Georgia.

Article 7🔗

1. The imposed sentence shall be reduced by one fourth for a person who committed a crime provided for by Article 216, Article 217, paragraph 1 of Article 238¹ or paragraph 2 or 3 of Article 265 of the Criminal Code of Georgia.

2. The imposed sentence shall be reduced by one fourth for a person without a criminal record who committed a crime provided for by Article 244, subparagraph “a” of paragraph 6 of Article 260 (except for the illegal sale of a narcotic drug, its analogue, precursor or new psychoactive substance) or subparagraph “a” of paragraph 4 of Article 261 (except for the illegal sale of a psychotropic substance, its analogue or potent substance) of the Criminal Code of Georgia.

3. The imposed sentence shall be reduced by one fourth for a person who committed a crime provided for by paragraph 1 of Article 151 (except in the case of the commission of a domestic crime) or subparagraph “a” or “b” of paragraph 2 of Article 151 of the Criminal Code of Georgia, if each victim, during the enforcement of this law, gives consent before the investigative body or the court that the amnesty provided for by this paragraph be applied to the said person.

4. The imposed sentence shall be reduced by one fourth for a person without a criminal record who committed a crime provided for by paragraph 2 of Article 214 or subparagraph “b” of paragraph 2 of Article 218 of the Criminal Code of Georgia, if he has compensated the damage caused as a result of the crime.

5. The imposed sentence shall be reduced by one fourth for a person without a criminal record who committed a crime provided for by Article 145 or subparagraph “c” of paragraph 2 of Article 200¹ of the Criminal Code of Georgia, if each victim, during the enforcement of this law, gives consent before the investigative body or the court that the amnesty provided for by this paragraph be applied to the said person.

6. The imposed sentence shall be reduced by one fourth for a person without a criminal record who has committed a crime provided for by Articles 127–129, Article 130 (except where the act resulted in the death of a patient), paragraph 1 or 2 of Article 133, Article 134, Article 135, subparagraph „c“ of paragraph 2 or subparagraph „b“ of paragraph 3 of Article 185, paragraph 2 of Article 186 (except for the sale of property obtained by knowingly criminal means or the existence of the purpose of sale), paragraph 2 of Article 187 (except in the case of the commission of a family crime), paragraph 3 of Article 188 (except where the act resulted in the death of a person), paragraph 2 of Article 240¹ (except where the act resulted in the death of a person), paragraph 2 of Article 243 (except where the act resulted in the death of a person) or paragraph 1 or 2 of Article 245 (except where the act resulted in the death of a person), if he has compensated the damage caused by the crime and each victim, at the time of enforcement of this law, declares consent before the investigative body or the court that the amnesty provided for by this paragraph be applied to the said person.

7. For the purposes of paragraph 2 of this Article, a person convicted of a crime provided for by subparagraph „a“ of paragraph 6 of Article 260 or subparagraph „a“ of paragraph 4 of Article 261 of the Criminal Code of Georgia shall be considered as having no criminal record if he was previously convicted of a crime provided for by Chapter XXXIII (drug crime) of the Criminal Code of Georgia.

Article 8🔗

1. For a woman convicted to imprisonment for a fixed term as of the moment of entry into force of this Law, the unserved part of the imposed sentence shall be replaced by house arrest for the term of the unserved part of the sentence, and for a woman charged as of the moment of entry into force of the same Law, the imposed sentence shall be replaced by house arrest for the term of the imposed imprisonment for a fixed term, if the said convicted woman/charged woman, in accordance with this Law, is not fully released from criminal liability and punishment, as of the moment of entry into force of this Law has a minor child, and she is convicted/charged for committing an offence provided for by Chapter XXV (crime against property), Chapter XXVI (crime against entrepreneurial or other economic activity), Chapter XXVII (crime in the monetary-credit system), Chapter XXVIII (crime in the sphere of financial activity) or Chapter XXXIII (drug crime) of the Criminal Code of Georgia (except for the case where the charged person/convicted person has committed an offence which involves the illegal sale of a narcotic substance, its analogue, a precursor or a new psychoactive substance and/or a psychotropic substance, its analogue or a potent substance).

2. The replacement of the sentence provided for by paragraph 1 of this Article shall not apply to the case where the woman is convicted/charged for committing an especially grave crime.

3. The sentence provided for by paragraph 1 of this Article for committing an offence provided for by Chapter XXV (crime against property) of the Criminal Code of Georgia shall be replaced for the convicted woman/charged woman referred to in the same paragraph, if she has compensated the damage caused by the crime.

4. For the convicted woman/charged woman whose unserved part of the imposed sentence/imposed sentence has been replaced by house arrest on the basis of this Article, the procedure and conditions for serving the sentence shall be determined on the basis of individual assessment and individual need by the National Agency for Crime Prevention, Enforcement of Non-custodial Sentences and Probation.

5. If the sentence imposed on the woman referred to in paragraph 1 of this Article is reduced on the basis of this Law, the part of the sentence that remains to be served as a result of the reduction of the sentence on the basis of this Law shall be replaced by house arrest.

6. For the charged woman referred to in paragraph 1 of this Article, to whom the court imposes imprisonment for a fixed term as a sentence for committing an offence provided for by the same paragraph, the imposed sentence shall be replaced by the same judgment of the court by house arrest for the term of the imposed imprisonment.

Article 9🔗

1. At the moment of entry into force of this Law, a person convicted to imprisonment shall have the unserved part of the imposed sentence replaced by house arrest for the term of the unserved part of the sentence, if the said person, in accordance with this Law, is not fully released from criminal liability and sentence, he, in parallel with serving the sentence, in accordance with the Law of Georgia “On Higher Education”, has acquired student status, this status has not been suspended for him, he studies at a higher educational institution in the manner established by the Imprisonment Code, and is convicted of committing a crime provided for by Chapter XXV (crime against property), Chapter XXVI (crime against entrepreneurial or other economic activity), Chapter XXVII (crime in the monetary-credit system), Chapter XXVIII (crime in the sphere of financial activity) or Chapter XXXIII (drug crime) of the Criminal Code of Georgia (except for the case where the convicted person has committed such a crime as involves the illegal sale of a narcotic substance, its analogue, precursor or a new psychoactive substance and/or a psychotropic substance, its analogue or a potent substance).

2. The replacement of the sentence provided for by paragraph 1 of this Article shall not apply to the case where the person is convicted of committing an especially grave crime or he acquires student status after the entry into force of this Law.

3. The sentence provided for by paragraph 1 of this Article for committing a crime provided for by Chapter XXV (crime against property) of the Criminal Code of Georgia shall be replaced for the convicted person referred to in the same paragraph, if he has compensated the damage caused as a result of the crime.

4. The convicted person whose unserved part of the imposed sentence has been replaced by house arrest on the basis of this Article shall have the procedure and conditions of serving the sentence determined on the basis of individual assessment and individual need by the National Agency for Crime Prevention, Enforcement of Non-custodial Sentences and Probation.

5. If the person referred to in paragraph 1 of this Article has the imposed sentence reduced on the basis of this Law, the part of the sentence that remains to be served as a result of the reduction of the sentence on the basis of this Law shall be replaced by house arrest for him.

Article 10🔗

1. In the cases provided for by Articles 3, 6 and 7 of this Law, if the injured natural person is deceased or cannot be found, the amnesty shall extend to the person referred to in these articles if one adult, legally capable family member (mother, father, spouse, child) of the injured natural person gives consent thereto in accordance with the procedure established by this Law, and if the injured natural person has no such family member or such a family member of the injured natural person cannot be found, the amnesty provided for by the said articles shall be enforced.

2. In the presence of an objective impediment, including where the injured person is outside the country, the consent of the injured person may be submitted in the form of a notarized document.

3. If the injured legal entity has been reorganized, the amnesty shall extend to the person referred to in Articles 3, 6 and 7 of this Law if the legal successor (assignee) legal entity of the injured legal entity gives consent thereto in accordance with the procedure established by this Law, and if the injured legal entity has been liquidated, the amnesty provided for by the said articles shall be enforced.

Article 11🔗

1. Exemption from criminal liability and punishment, as well as reduction of punishment, provided for by this Law shall apply to an actual sentence imposed in the form of imprisonment, to conditional conviction and probation period, as well as to other punishment, except a fine and confiscation of property, while replacement of punishment provided for by this Law shall apply to actually imposed imprisonment.

2. The operation of the relevant norms of this Law shall also apply to an accused/convicted person who committed the preparation or attempt of a crime provided for by this Law.

3. A person convicted of committing a crime provided for by the Criminal Code of Georgia shall be fully exempted from a fine if the court judgment on the imposition of the fine was adopted before 1 October 2012 and the court judgment on the imposition of the fine has not been enforced. If the court judgment has been partially enforced, the amnesty shall apply only to the unenforced part of the fine.

4. A person committing a drug crime, to whom the operation of this Law applies, along with exemption from punishment, shall have restored, in accordance with the procedure established by paragraph 2 of Article 14 of this Law, the rights deprived on the basis of the Law of Georgia "On Combating Drug Crime" (except the right to manufacture, acquire, keep and carry weapons).

5. A person committing the crime provided for by paragraph 4 of this Article, who has served the imposed sentence by the moment of entry into force of this Law, shall have automatically restored, on the basis of this Law, the rights deprived on the basis of the Law of Georgia "On Combating Drug Crime" (except the right to manufacture, acquire, keep and carry weapons).

6. In the case provided for by paragraph 5 of this Article, the right to drive a vehicle shall be restored to a person by a decision of the permanent commission reviewing matters of revocation of conditional conviction of the Legal Entity of Public Law operating in the area of governance of the Ministry of Justice of Georgia — the National Agency for Crime Prevention, Enforcement of Non-Custodial Sentences and Probation, if the said person submits a certificate of medical-narcological examination provided for by the legislation of Georgia, confirming that he or she is not a user of narcotic substances.

Article 12🔗

The operation of this Law shall apply to a person who committed a crime before 11 December 2020.

Article 13🔗

A person to whom the operation of this Law applies shall have the right to enjoy the right to have his or her criminal case examined by a fair court.

Article 14🔗

1. For the purpose of enforcement of the amnesty provided by this Law with respect to the accused, including a wanted accused, the decision at the investigation stage shall be taken by the relevant prosecutor, and at the stage of court hearing of a criminal case − by the relevant court.

2. For the purpose of enforcement of the amnesty provided by this Law with respect to a convicted person, including a wanted convicted person, the decision at the stage of court hearing of a criminal case shall be taken by the relevant court, and if the proceedings in the case have been completed − by the district (city) court that delivered the initial judgment. The personal file of a person held in a penitentiary institution/in the probation regime or convicted to a non-custodial sentence shall be sent to the court within 2 weeks from the entry into force of this Law by the relevant penitentiary institution/Crime Prevention, Non-custodial Sentences Enforcement and Probation Bureau, and for the purpose of enforcement of the amnesty provided by this Law with respect to a wanted convicted person, the Prosecutor's Office of Georgia shall apply to the court within the same period.

3. The court is entitled to consider the matter provided by this Article without an oral hearing.

4. For the purpose of enforcement of the court judgment on the imposition of the fine provided by paragraph 3 of Article 11 of this Law, the initiation of enforcement proceedings shall be inadmissible, and the enforcement proceedings initiated shall be terminated within 2 weeks from the entry into force of this Law.

Article 15🔗

A person to whom the amnesty has been applied shall have the right to appeal the decision on the application of this Law once, within 2 weeks from the delivery of the said decision to him/her, to the Criminal Cases Cassation Chamber of the Supreme Court of Georgia. The court shall consider the appeal without deciding the issue of its admissibility, within 10 days from the submission of the appeal. The court is entitled to consider the appeal both with an oral hearing and without an oral hearing.

Article 16🔗

1. The enforcement of the amnesty provided by this Law, except for the enforcement of the amnesty provided by Articles 3 and 4, paragraphs 2−4 of Article 6, paragraphs 3−6 of Article 7, paragraph 3 of Article 8 and paragraph 3 of Article 9 of this Law, shall be completed within 1 month from the entry into force of this Law.

2. The enforcement of the amnesty provided by Articles 3 and 4, paragraphs 2−4 of Article 6, paragraphs 3−6 of Article 7, paragraph 3 of Article 8 and paragraph 3 of Article 9 of this Law shall be completed within 2 weeks from the fulfilment of the conditions for the application of this amnesty. For the completion of the said amnesty, the conditions for its application shall be fulfilled within 6 months from the entry into force of this Law.

Article 17🔗

In the event that criminal prosecution of a person for the commission of a crime subject to the amnesty provided by this Law is initiated after the entry into force of this Law, the calculation of the period for the fulfilment of the conditions for the application of the amnesty provided by Articles 3 and 4, paragraphs 2−4 of Article 6 and paragraphs 3−6 of Article 7 of this Law shall start from the moment the person is recognised as an accused.

Article 18🔗

This Law shall enter into force upon publication.

President of Georgia Salome Zourabichvili

Tbilisi,

11 January 2021

N88-IIrs-Xmp