On Amnesty

Law of Georgia

On Amnesty

The State of Georgia, 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, releases from criminal liability persons suspected, accused, defendants and convicted of the crimes provided for by the Criminal Code of Georgia (Legislative Herald of Georgia, No 41(48), 1999, Art. 209).

Article 1🔗

1. Persons who, before 1 November 2011, committed an act provided for by Article 339 and/or Article 362 of the Criminal Code of Georgia, which is connected with the acquisition or use of a false document – certificate (attestat) confirming complete general education no later than the 2003−2004 academic year, shall be released from criminal liability and punishment.

2. In accordance with this Law, persons shall not be released from criminal liability and punishment whose committed act is connected with the use of a false document – certificate (attestat) confirming complete general education no later than the 2003−2004 academic year, and as of 1 November 2011 this act has not been discontinued.

Article 2🔗

The amnesty provided for by this Law shall apply to the persons provided for by Article 1 of this Law regardless of the initiation or conduct of criminal prosecution as of the day of entry into force of this Law, and shall also apply to convicted persons provided for by Article 1 of this Law. Preliminary investigation shall not be initiated, and initiated preliminary investigation shall be terminated, in cases of the crimes provided for by the articles of the Criminal Code of Georgia indicated in Article 1 of this Law, also in the event that the person who committed the crime has not been identified.

Article 3🔗

The amnesty provided for by this Law shall not apply to fines paid as a punishment.

Article 4🔗

The bodies conducting criminal proceedings shall adopt procedural decisions on the issues of the amnesty provided for by this Law without the consent of the suspect, accused, defendant and convicted person.

Article 5🔗

1. The decision on the application of the amnesty provided for by this Law in respect of a suspect and an accused shall be adopted by the respective prosecutor.

2. The decision on the application of the amnesty provided for by this Law in respect of a defendant and a convicted person in respect of whom the proceedings have not been completed shall be adopted by the respective court. The court is entitled to consider the issue provided for by this paragraph without an oral hearing.

3. The decision on the application of the amnesty provided for by this Law in respect of a convicted person in respect of whom the proceedings have been completed shall be adopted, without an oral hearing, on a one-time basis by the respective district (city) court that delivered the initial judgment, to which, within 1 week from the entry into force of this Law, the respective institution of the Ministry of Corrections, Probation and Legal Assistance of Georgia shall send the personal file of the convicted person.

Article 6🔗

The use of a false document certifying complete general education – an attestat – provided for by Article 1 of this Law, on the basis of which continuation of studies at a higher educational institution was carried out, entails all the legal consequences determined for the use of a genuine attestat.

Article 7🔗

Confirmation of authenticity, legalization or certification by apostille of a false document certifying complete general education – an attestat – provided for by Article 1 of this Law shall not be permitted.

Article 8🔗

This Law shall enter into force on the 10th day after publication.

President of Georgia M. Saakashvili

Tbilisi,

20 April 2010.

No. 2957–Is

Amendments made:

1. Law of Georgia of 24 November 2011 No. 5307 - website, 05.12.2011.