On Amnesty

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Type of act
Law of Georgia
Number
№4435-XVIმს-Xმპ
Date adopted
17.09.2024

Text of the document

📑 Contents (16 articles)

On Amnesty

Law of Georgia

On Amnesty

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, accused and convicted persons shall be released from criminal liability and punishment for the commission of certain crimes provided for by the Criminal Code of Georgia (Legislative Herald of Georgia, No. 41(48), 1999, Art. 209), the imposed punishment shall be reduced for persons convicted of committing certain crimes, and also conditional conviction and probation period shall be reduced for conditionally convicted persons and persons released on parole.

Article 1🔗

1. A person who has committed a crime provided for by Article 122, Article 124, Article 152, paragraph 1 of Article 177, paragraph 1 of Article 186 (except for the sale of property obtained by criminal means with prior knowledge), paragraph 1 of Article 197, Article 197¹, paragraph 1, 4 or 5 of Article 203, Article 207², paragraph 1 of Article 210, paragraph 1 of Article 214, paragraph 1 of Article 220¹, paragraph 1 of Article 236, Article 238 (except for the case where the act caused the destruction of human life), paragraph 1 of Article 238¹ (except for the carrying of cold weapons by a person subjected to administrative punishment or by a person against whom a protective or restraining order has been issued (during the validity period of this order), the carrying of cold weapons), paragraph 1 of Article 239, paragraph 1 of Article 260 (except for illegal production of a narcotic drug, its analogue or precursor), paragraph 1 of Article 261 (except for illegal production of a psychotropic substance or its analogue) or paragraph 2 (except for illegal production of a potent substance), paragraph 1 of Article 265, paragraph 1 of Article 271, Article 273, paragraphs 1–5 of Article 273¹, 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, shall be released from criminal liability and punishment.

2. The person who committed a crime provided for by Article 120(1) of the Criminal Code of Georgia (except in the case of commission of a family crime), Article 126(1) (except in the case of commission of a family crime), Article 126(1¹), subparagraphs „b“ or „c“, Article 126(1²) (except for systematic beating) or Article 126(2), subparagraphs „a“ or „k“ (except for systematic beating), Article 170(1), Article 177(2), Article 178(1) or (2), Article 180(1) or Article 180(2), subparagraph „b“, Article 182(1), Article 185(1) or Article 185(2), subparagraph „c“, Article 187(1), Article 188(1), Article 192(1) (except in the case of commission of this crime by a legal entity), Article 193, Article 196, Article 204¹, Article 208, Article 219(1), Article 220¹(2) (except in the case where this crime caused the deprivation of human life), Article 240(1), Article 240¹(1), Article 243(1), Article 276(2) or (4), Article 277(1), Article 278(1) or Article 362(1), shall be released from criminal liability and punishment, if each victim, during the enforcement of this law, declares consent before the investigation body or court that the amnesty provided for by this paragraph be applied to the said person.

Article 2🔗

1. The imposed sentence shall be reduced by half for a person without a criminal record who has committed an intentional crime, which is provided for by Article 212 of the Criminal Code of Georgia, paragraph 3 of Article 260, subparagraph a or subparagraphs c–e (except for illegal production of a narcotic drug, its analogue or precursor, or illegal manufacture, production, purchase, storage, transportation or sending of a new psychoactive substance), paragraph 3 of Article 261, subparagraph a or subparagraphs c–e (except for illegal production of a psychotropic substance or its analogue or illegal production of a potent substance), paragraph 2 of Article 265, subparagraph a or subparagraphs c–e, paragraph 2 of Article 271, subparagraph b or paragraph 3, or paragraph 6 of Article 273¹.

2. The imposed sentence shall be reduced by half for a person without a criminal record who has committed an intentional crime, which is provided for by paragraph 1 of Article 116 of the Criminal Code of Georgia, paragraph 1 of Article 118 (except in the case of committing a domestic crime), paragraph 1 of Article 150 (except in the case of committing a domestic crime), paragraph 1 of Article 151 (except in the case of committing a domestic crime), paragraph 4 of Article 177, subparagraph b, paragraph 3 of Article 180, subparagraph b, paragraph 3 of Article 185, subparagraph b, paragraph 2 of Article 188, Article 200, paragraph 1 of Article 200¹, Article 205¹, paragraph 2 of Article 214, paragraph 1 or 3 of Article 218, paragraph 2 of Article 219, paragraph 2 of Article 220¹ (if this crime resulted in the death of a person) or paragraph 6 of Article 276, if, during the enforcement of this Law, each victim declares consent before the investigative body or the court that the amnesty provided for by this paragraph be applied to the said person.

3. In the event of the commission of a domestic crime, the imposed sentence shall be halved for a person who has no criminal record for the commission of an intentional crime and who has committed a crime provided for by paragraph 1 of Article 120, paragraph 1 of Article 126, subparagraphs „b“ or „c“ of paragraph 1¹, paragraph 1² (except for systematic beating) or subparagraphs „a“ or „k“ of paragraph 2 (except for systematic beating), paragraph 1 of Article 126¹, paragraph 1 of Article 150 or paragraph 1 of Article 151 or subparagraph „d“ of paragraph 2 of the Criminal Code of Georgia, if each victim, upon the enforcement of this Law, states before the investigation body or the court his/her consent that the amnesty provided for by this paragraph be applied to the said person, and if this person agrees that, with respect to him/her, on the basis of the Law of Georgia „On Elimination of Violence against Women and/or Domestic Violence, Protection of and Assistance to Victims of Violence“, a protective order be issued without an assessment of the risk of repeat violence by this person, for the term by which his/her sentence was reduced as a result of the amnesty, but not more than 9 months. The scope of the restrictions to be taken into account by the protective order shall be determined by the judge.

4. The imposed sentence shall be reduced by two thirds for a minor who commits a crime defined by paragraphs 1–3 of this Article, or for a woman who has no criminal record for the commission of an intentional crime, where the conditions provided for by the same paragraphs are met.

5. A person who has committed a crime provided for by subparagraph „a“ or subparagraphs „c“–„e“ of paragraph 3 of Article 260, subparagraph „a“ or subparagraphs „c“–„e“ of paragraph 3 of Article 261, subparagraph „a“ or subparagraphs „c“–„e“ of paragraph 2 of Article 265, subparagraph „b“ of paragraph 2 or paragraph 3 of Article 271, or paragraph 6 of Article 273¹ of the Criminal Code of Georgia, shall be considered as having no criminal record for the purpose of applying to him/her the amnesty provided for by paragraph 1 or 4 of this Article, if he/she had a criminal record for the commission of a drug crime provided for by Chapter XXXIII of the Criminal Code of Georgia (except for the illegal sale of a narcotic drug, its analogue, a precursor or a new psychoactive substance, the illegal sale of a psychotropic substance or its analogue, the illegal sale of a potent substance, or the illegal sale of a cannabis plant or marijuana).

Article 3🔗

1. The imposed sentence shall be reduced by one fourth for a person without a criminal record who has committed an intentional crime provided for by subparagraph "a" of paragraph 6 of Article 260 of the Criminal Code of Georgia (except for the illegal production of a narcotic drug, its analogue or precursor, or the illegal manufacture, production, acquisition, storage, transportation or sending of a new psychoactive substance), by subparagraph "a" of paragraph 7 of Article 261 (except for the illegal production of a psychotropic substance or its analogue or the illegal production of a potent substance), by subparagraph "a" of paragraph 3 of Article 265 or by paragraph 7 of Article 273¹.

2. The imposed sentence shall be reduced by one fourth for a person without a criminal record who has committed an intentional crime provided for by Article 130 of the Criminal Code of Georgia (except for the case where the act resulted in the deprivation of the patient's life), paragraph 1 or 2 of Article 133, paragraph 2 of Article 186 (except for the sale of property obtained by criminal means with prior knowledge), paragraph 3 of Article 188 (except for the case where the act resulted in the deprivation of a person's life), subparagraph "c" of paragraph 2 of Article 200¹, subparagraph "b" of paragraph 2 of Article 218, paragraph 2 of Article 240¹ (except for the case where the act resulted in the deprivation of a person's life), paragraph 2 of Article 243 (except for the case where the act resulted in the deprivation of a person's life) or paragraph 1 or 2 of Article 245 (except for the case where the act resulted in the deprivation of a person's life), if each victim, at the time of enforcement of this law, declares before the investigating body or the court consent that the amnesty provided for by this paragraph be applied to the said person.

3. The imposed sentence shall be reduced by one third for a minor who commits a crime defined by paragraph 1 or 2 of this article, or for a woman without a criminal record who has committed an intentional crime, if the conditions provided for by the same paragraph are met.

4. A person who has committed a crime defined by paragraph 1 of this article shall be considered as having no criminal record for the purpose of applying to him the amnesty provided for by paragraph 1 or 3 of this article, if he had a criminal record for committing a drug crime provided for by Chapter XXXIII of the Criminal Code of Georgia (except for the illegal sale of a narcotic drug, its analogue, precursor or a new psychoactive substance, the illegal sale of a psychotropic substance or its analogue, the illegal sale of a potent substance or the illegal sale of a hemp plant or marijuana).

Article 4🔗

1. The sentence imposed in the form of imprisonment for a fixed term shall be reduced by one sixth for a person to whom the amnesty provided for by Articles 1–3 of this Law does not apply and who has not committed the crime defined by Article 7 of this Law.

2. The sentence imposed in the form of imprisonment for a fixed term shall be reduced by one fifth for a minor or a female convict to whom the amnesty provided for by Articles 1–3 of this Law does not apply and who has not committed the crime defined by Article 7 of this Law.

3. The operation of paragraphs 1 and 2 of this Article shall not apply to a person who has committed a crime provided for by paragraph 1 of Article 116, paragraph 2 of Article 220¹ (if this crime resulted in the loss of human life) or paragraph 6 of Article 276 of the Criminal Code of Georgia, and to whom, due to the absence of the victim's consent, the amnesty provided for by paragraph 2 of Article 2 of this Law did not apply.

4. In the case of the commission of a family crime defined by paragraph 3 of Article 2 of this Law, the amnesty provided for by paragraph 1 or 2 of this Article shall apply to a person if he/she consents that, on the basis of the Law of Georgia "On the Elimination of Violence against Women and/or Domestic Violence, Protection of and Assistance to Victims of Violence", a protective order be issued in respect of him/her without an assessment of the risk of repeat violence by this person, for the term by which his/her sentence was reduced as a result of the amnesty, but not more than 9 months. The judge shall determine the scope of the restrictions to be taken into account by the protective order.

5. The amnesty provided for by paragraph 1 or 2 of this Article shall apply to a person who has committed a crime provided for by paragraph 2 of Article 118 (in the case of the commission of this crime against a woman on the ground of gender), paragraph 2 of Article 120 (in the case of the commission of this crime against a woman on the ground of gender) or Article 381¹ of the Criminal Code of Georgia, or to a person who has committed a family crime (except for the family crime defined by paragraph 3 of Article 2 or Article 7 of this Law), if each victim, at the time of the enforcement of this Law, states before the investigative body or the court his/her consent that the amnesty provided for by this paragraph apply to the said person, and if this person consents that, on the basis of the Law of Georgia "On the Elimination of Violence against Women and/or Domestic Violence, Protection of and Assistance to Victims of Violence", a protective order be issued in respect of him/her without an assessment of the risk of repeat violence by this person, for the term by which his/her sentence was reduced as a result of the amnesty, but not more than 9 months. The judge shall determine the scope of the restrictions to be taken into account by the protective order.

6. The amnesty provided for by paragraph 1 or 2 of this Article shall extend to a person provided for by paragraph 1 or 2 of this Article whose committed crime resulted in the destruction of human life, as well as to a person who has committed the crime provided for by Article 151¹ of the Criminal Code of Georgia (except for a family crime), if each victim, upon enforcement of this Law, states before the investigation body or the court his/her consent that the amnesty provided for by the same paragraph be extended to the said person.

Note: For the purposes of this Law, the commission of a family crime means the commission by one member of a family against another member of the family of a crime provided for by Article 118, 120, 126, 1261, 149, 150, 151, 151¹, 160, 187, 381¹ or 381² of the Criminal Code of Georgia.

Article 5🔗

1. A person who has committed the crime provided for by Article 248¹ or 359¹ of the Criminal Code of Georgia shall be released from criminal liability and punishment.

2. In the case of the commission of the crime provided for by Article 375 or 376 of the Criminal Code of Georgia:

a) a person who has committed the concealment or failure to report, without prior intent, of the crime defined by Article 1 of this Law shall be released from criminal liability or punishment;

b) the imposed punishment shall be reduced by half for a person who has committed the concealment or failure to report, without prior intent, of the crime defined by Article 2 of this Law;

c) the imposed punishment shall be reduced by two thirds for a minor or for a woman who has no criminal record for the commission of an intentional crime and who has committed the concealment or failure to report, without prior intent, of the crime defined by Article 2 of this Law;

d) the imposed punishment shall be reduced by one fourth for a person who has committed the concealment or failure to report, without prior intent, of the crime defined by Article 3 of this Law;

e) the imposed punishment shall be reduced by one third for a minor or for a woman who has no criminal record for the commission of an intentional crime and who has committed the concealment or failure to report, without prior intent, of the crime defined by Article 3 of this Law;

f) the imposed punishment shall be reduced by one sixth for a person who has committed the concealment or failure to report, without prior intent, of the crime defined by Article 4 of this Law;

g) the imposed punishment shall be reduced by one fifth for a minor or for a woman who has committed the concealment or failure to report, without prior intent, of the crime defined by Article 4 of this Law.

Article 6🔗

1. A person who has been conditionally convicted in accordance with paragraph 5 of Article 50 or Chapter XII of the Criminal Code of Georgia (except for the case of the commission of a crime provided for by Article 7 of this Law, Article 381¹ of the Criminal Code of Georgia, paragraph 2 of Article 118 (in the case of the commission of this crime against a woman on the ground of gender) or paragraph 2 of Article 120 (in the case of the commission of this crime against a woman on the ground of gender), or the case of the commission of a domestic crime) and whose imposed sentence and probation period are reduced by less than 1 year in accordance with Articles 2–4, paragraph 2 of Article 5 and Article 9 of this Law, shall have the imposed sentence and probation period reduced by 1 year on the basis of this Article.

2. A person who has been conditionally released early (except for the case of the commission of a crime provided for by Article 7 of this Law, Article 381¹ of the Criminal Code of Georgia, paragraph 2 of Article 118 (in the case of the commission of this crime against a woman on the ground of gender) or paragraph 2 of Article 120 (in the case of the commission of this crime against a woman on the ground of gender), or the case of the commission of a domestic crime) and whose imposed sentence is reduced by less than 1 year in accordance with Articles 2–4, paragraph 2 of Article 5 and Article 9 of this Law, shall have the imposed sentence reduced by 1 year on the basis of this Article.

Article 7🔗

1. The amnesty provided for by this Law shall not apply to a crime provided for by the Criminal Code of Georgia, Article 108, Article 109, Article 115, Article 117, Article 133¹, Article 133², Article 135¹, Articles 142–144³, Article 150¹, Article 154, Articles 157–159, Article 164, Article 171, Article 172, Article 172¹, Article 174, Article 179, Article 181, paragraph 2 or 3 of Article 182, Article 183, Article 194, Article 194¹, Articles 222–226, Articles 228–235¹, Article 236 (except paragraph 1 of Article 236), Article 237, Article 238¹ (except the carrying of a cold weapon by a person administratively punished for drug use), Articles 252–255², Article 259, paragraph 4, 5 or 7 of Article 260, paragraphs 4–6 or paragraph 8 of Article 261, subparagraph „a“ of paragraph 4 of Article 262, subparagraph „a“ of paragraph 3 of Article 263, Article 266, paragraphs 8–10 of Article 273¹, Article 280, Articles 344–345, Article 353, Article 353¹, Article 364, Article 365, Article 372, Article 375 (except where the person committed concealment of a crime defined by Articles 1–4 of this Law), Article 376 (except where the person committed failure to report a crime defined by Articles 1–4 of this Law), Articles 378–379 and Chapters XXII, XXXVII–XXXIX and XLVII.

2. The amnesty provided for by this Law shall not apply to a crime provided for by the Criminal Code of Georgia committed by a person defined by Resolution No. 339 of 26 June 2018 of the Government of Georgia “On approval of the list of persons charged and convicted of murder, abduction, torture and inhuman treatment of Georgian citizens in the occupied territories, infliction of grave damage to health, as well as concealment of these crimes – the ‘Otkhodzoria-Tatunashvili list’ – and on the relevant measures to be taken by the Government of Georgia”.

3. The amnesty provided for by this Law shall not apply to a person whose committed crime resulted in the deprivation of human life, if each victim, during the enforcement of this Law, does not give consent before the investigative body or court that the amnesty provided for by this Law be applied to the said person.

4. The amnesty provided for by this Law shall also not apply to a person who committed the preparation or attempt of a crime defined by paragraph 1 and/or paragraph 2 of this Article.

Article 8🔗

1. In the case provided for by paragraph 2 of Article 1, paragraph 2 or 3 of Article 2, paragraph 2 of Article 3, or paragraph 5 or 6 of Article 4 of this Law, if the victim natural person is deceased or cannot be found, the amnesty shall apply to the person specified in the same paragraph, if one adult, capable family member (mother, father, spouse, child) of the victim natural person gives consent thereto in accordance with the procedure established by this Law, and if the victim natural person has no such family member or such family member of the victim natural person cannot be found, the amnesty provided for by the said paragraph shall be executed.

2. In the presence of an objective hindering circumstance (including where the victim is outside the country), his/her consent may be submitted in the form of a notarized document.

3. If the victim legal entity has been reorganized, the amnesty shall apply to the person specified in paragraph 2 of Article 1, paragraph 2 of Article 2, or paragraph 2 of Article 3 of this Law, if the successor (assignee) legal entity of the victim legal entity gives consent thereto in accordance with the procedure established by this Law, and if the victim legal entity has been liquidated, the amnesty provided for by the said paragraph shall be executed.

Article 9🔗

1. The exemption from criminal liability and punishment provided for by Article 1 of this Law, as well as the reduction of punishment provided for by Article 2 of this Law (except for the case provided for by paragraph 3 of Article 2), Article 3, Article 4 (except for the case provided for by paragraph 4 or 5 of Article 4) or paragraph 2 of Article 5 of this Law shall apply to an actual sentence imposed in the form of imprisonment for a definite term, to a conditional conviction and probation period, as well as to other punishment (except for a fine, confiscation of property, restriction of rights related to weapons and deprivation of military rank).

2. The reduction of punishment provided for by paragraph 3 of Article 2 or paragraph 4 or 5 of Article 4 of this Law shall apply only to an actual sentence imposed in the form of imprisonment for a definite term.

3. The exemption from criminal liability and punishment provided for by paragraph 1 of Article 5 of this Law shall apply to an actual sentence imposed in the form of imprisonment for a definite term, to a conditional conviction and probation period, as well as to other punishment (including an unenforced fine).

4. The amnesty provided for by Article 6 of this Law shall apply to a person who, as of 1 July 2024:

a) is conditionally convicted in accordance with paragraph 5 of Article 50 or Chapter XII of the Criminal Code of Georgia;

b) has been conditionally released early.

5. The amnesty provided for by this Law shall also apply to a person who has committed the preparation or attempt of the relevant crime defined by this Law (except for the crime defined by paragraph 4 of Article 7 of this Law).

6. A person who has committed a drug crime provided for by Chapter XXXIII of the Criminal Code of Georgia and to whom the effect of paragraph 1 of Article 1 of this Law applies shall, together with exemption from punishment, by a court judgment, have restored the rights deprived on the basis of the Law of Georgia "On Combating Drug Crime" (except for the right to manufacture, acquire, store and carry weapons).

7. A person who has committed the drug crime defined by paragraph 1 of Article 1 of this Law and who, at the moment of entry into force of this Law, has served the imposed sentence shall, on the basis of this Law, by a decision of the permanent commission reviewing 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, have restored the rights deprived on the basis of the Law of Georgia "On Combating Drug Crime" (except for the right to manufacture, acquire, store and carry weapons).

8. In the case provided for by paragraph 7 of this Article, a person shall, on the basis of a decision of the Commission, after meeting the requirements defined by the legislation of Georgia, have the right to drive a vehicle restored.

Article 10🔗

1. The operation of Articles 1–4, paragraph 2 of Article 5 and Article 6 of this Law extends to a person who committed the relevant crime before 1 July 2024.

2. The operation of paragraph 1 of Article 5 of this Law extends to a person who committed the relevant crime from 23 June 2021 to 4 July 2023 inclusive.

Article 11🔗

A person to whom this Law applies has the right to enjoy the right to have his criminal case considered by a fair court.

Article 12🔗

1. For the purpose of enforcing the amnesty provided for by this Law in respect of an accused person (including a wanted accused person), the decision at the stage of investigation 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 enforcing the amnesty provided for by this Law in respect of 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.

3. For the purpose of enforcing the amnesty provided for by paragraph 3 of Article 2 and paragraph 4 or 5 of Article 4 of this Law in respect of an accused person/convicted person, the decision shall be taken by the court provided for by paragraph 1 or 2 of this Article, if the person consents to the issuance of a protective order against him/her.

4. The relevant penitentiary institution / the relevant territorial body of the Legal Entity of Public Law − National Agency for Crime Prevention, Enforcement of Non-Custodial Sentences and Probation − the Bureau for Crime Prevention, Enforcement of Non-Custodial Sentences and Probation shall, within 3 weeks from the entry into force of this Law, send to the court the personal file of a person held in a penitentiary institution / under probation regime or convicted to a non-custodial sentence. For the purpose of enforcing the amnesty provided for by paragraph 3 of Article 2 and paragraph 4 or 5 of Article 4 of this Law, the relevant penitentiary institution shall send to the court, together with the personal file of the convicted person held in the penitentiary institution, the convicted person's written consent to the giving of consent to the issuance of a protective order against him/her.

5. A wanted convicted person, in respect of whom the proceedings in the criminal case conducted have been completed or in respect of whom the judgment delivered by the district (city) court has not been appealed to the appellate or cassation court, for the purpose of enforcing the amnesty provided for by this Law in respect of him/her, shall, directly or through a lawyer, apply to the relevant prosecutor within 1 month from the entry into force of this Law. The prosecutor, for the purpose of extending the amnesty provided for by this Law to the said person, in accordance with the procedure established by this Law, shall apply within 3 weeks to the district (city) court that delivered the initial judgment.

6. In the case provided for by paragraph 2 of this Article, when the proceedings in the criminal case have been completed, for the purpose of enforcing the amnesty provided for by paragraph 1 of Article 5 of this Law, the relevant penitentiary institution shall, within 3 weeks from the entry into force of this Law, send to the district (city) court that delivered the initial judgment in respect of the convicted person:

a) the personal file of the convicted person and information on the execution of the fine, if the convicted person is serving the sentence in a penitentiary institution;

b) sends the convicted person's personal file and information on the enforcement of the fine to the relevant territorial body of the Legal Entity of Public Law − the National Agency for Crime Prevention, Enforcement of Non-Custodial Sentences and Probation − the Bureau for Crime Prevention, Enforcement of Non-Custodial Sentences and Probation, if the convicted person has been sentenced to a non-custodial sentence or is in the probation regime;

c) sends the materials of the enforcement case to the Legal Entity of Public Law within the governance sphere of the Ministry of Justice of Georgia − the National Bureau of Enforcement, if the convicted person has been sentenced to only a fine as a punishment and it has not been enforced.

7. In the court's judgment (verdict/ruling) on the application of the amnesty provided for by paragraph 3 of Article 2 and paragraph 4 or 5 of Article 4 of this Law to the convicted person, the consequences of issuing a protective order and of the failure to comply with the requirements/obligations provided for by this order shall be indicated. The judge, together with adopting the relevant decision on the application of the amnesty provided for by this Law to the convicted person, shall issue a protective order for the term determined by this Law.

8. The failure by a person released from a penitentiary institution on the basis of the amnesty provided for by paragraph 3 of Article 2 or paragraph 4 or 5 of Article 4 of this Law to comply with the requirements/obligations provided for by the protective order shall result in the imposition of criminal liability on him/her in accordance with the procedure established by the legislation of Georgia.

9. The court is entitled to consider the matter provided for by this Article without an oral hearing. If there is a document confirming the existence of the victim's consent, the judge, when deciding the issue of the application of the amnesty provided for by paragraph 3 of Article 2 or paragraph 5 of Article 4 of this Law in the criminal case concerning the relevant domestic crime or the relevant crime committed against a woman on the ground of gender, shall ascertain the victim's position at a court hearing held in the form of an oral hearing, without the attendance of the accused/convicted person and his/her lawyer.

Article 13🔗

A person to whom the amnesty has been applied has 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 Supreme Court of Georgia shall consider this complaint without deciding the issue of its admissibility, within 10 days from the submission of the complaint. It is entitled to consider the complaint with an oral hearing or without an oral hearing.

Article 14🔗

1. The amnesty provided by this Law, except for the amnesty provided by paragraph 2 of Article 1 of this Law, paragraph 2 or 3 of Article 2, also paragraph 4 of Article 2 (if a minor or a woman without a criminal record for committing an intentional crime has committed a crime defined by paragraph 2 or 3 of Article 2 of this Law), paragraph 2 of Article 3, also paragraph 3 of Article 3 (if a minor or a woman without a criminal record for committing an intentional crime has committed a crime defined by paragraph 2 of Article 3 of this Law) and paragraph 5 or 6 of Article 4, also the amnesty to be enforced in respect of a wanted convict provided by Article 12 of this Law, shall be enforced within 5 weeks from the entry into force of this Law.

2. The amnesty provided by paragraph 2 of Article 1 of this Law, paragraph 2 or 3 of Article 2, also paragraph 4 of Article 2 (if a minor or a woman without a criminal record for committing an intentional crime has committed a crime defined by paragraph 2 or 3 of Article 2 of this Law), paragraph 2 of Article 3, also paragraph 3 of Article 3 (if a minor or a woman without a criminal record for committing an intentional crime has committed a crime defined by paragraph 2 of Article 3 of this Law) and paragraph 5 or 6 of Article 4, shall be enforced within 2 weeks from the fulfilment of the conditions for the application of this amnesty. If the injured party is the State, its consent must be obtained within 1 month from the entry into force of this Law, and if the injured party is a natural or legal person — within 6 months. In the case provided by paragraph 5 of Article 12 of this Law, the amnesty in respect of a wanted convict shall be enforced within 5 weeks from the expiry of the 1-month period established by the same paragraph for applying to the prosecutor.

3. Where, as a result of the application of the amnesty provided by this Law to a person convicted of committing a domestic crime, that person is released from the respective penitentiary institution, the said penitentiary institution shall be obliged to send written notification to the Ministry of Internal Affairs of Georgia, in accordance with the procedure established by the legislation of Georgia, about the release of the convict from the penitentiary institution.

Article 15🔗

In the event that, after the entry into force of this Law, criminal prosecution is initiated against a person for the commission of a crime subject to the amnesty provided for by this Law, the calculation of the period for the fulfilment of the conditions for the application of that amnesty, which is provided for by paragraph 2 of Article 1 of this Law, paragraph 2 or 3 of Article 2, as well as paragraph 4 of Article 2 (if a minor or a woman without a criminal record for the commission of an intentional crime has committed a crime defined by paragraph 2 or 3 of Article 2 of this Law), paragraph 2 of Article 3, as well as paragraph 3 of Article 3 (if a minor or a woman without a criminal record for the commission of an intentional crime has committed a crime defined by paragraph 2 of Article 3 of this Law) and paragraphs 5 and 6 of Article 4, shall begin from the moment the said person is recognised as an accused.

Article 16🔗

This Law shall enter into force upon publication.

President of Georgia Salome Zourabichvili

Tbilisi,

17 September 2024

No. 4435-XVIms-Xmp