I was beaten up: what to do under Georgian law

What to do

1. Immediately: medical care (a medical record describing the injuries) and a report to the police or prosecutor. The applicant is issued a written certificate that a crime has been reported (Criminal Procedure Code of Georgia, Art. 101). Upon receiving information about a crime, the investigator or prosecutor must start an investigation (Criminal Procedure Code, Art. 100). There is no private prosecution.
2. The examination determines the charge: an examination is carried out if there are significant traces on the body, and only on the initiative of a party (Criminal Procedure Code, Art. 144). The victim is not a party; the parties are the accused, their lawyer, the investigator and the prosecutor (Criminal Procedure Code, Art. 3). Request in writing that the investigator order a forensic medical examination while the traces are still visible.
3. Severity: beating or other violence causing physical pain without minor harm is already the crime of “violence” (Criminal Code of Georgia, Art. 126), punishable by imprisonment of up to 1 year (Criminal Code, Art. 126). Minor harm means a short-term health disorder (Criminal Code, Art. 120). Less severe harm means a prolonged health disorder or a permanent loss of working capacity of less than one third (Criminal Code, Art. 118). Grievous harm means danger to life, or loss of sight, hearing, an organ or a function (Criminal Code, Art. 117). A hooliganism motive, a group, or a family member are aggravating circumstances, and the punishment is heavier (Criminal Code, Art. 117).
4. Deadlines and status: the limitation period for prosecution is 2 years if the maximum penalty is no more than 2 years' imprisonment, as for simple violence (Criminal Code, Art. 71). If an application for victim status is not granted within 48 hours, file a complaint with the superior prosecutor (Criminal Procedure Code, Art. 56).
5. Money: a civil claim against the attacker can be brought without waiting for a verdict. Treatment costs may be claimed in advance (Civil Code of Georgia, Art. 408), plus moral damages (Civil Code, Art. 413). The limitation period for the claim is 3 years from when the person learned of the harm and of the person who caused it (Civil Code, Art. 1008). “Compensation to the victim” in a verdict is available only for the closed list of property items; it is not available for beatings or harm to health (Criminal Procedure Code, Art. 165³).
6. Counter-version “I was defending myself”: harm caused to an attacker in necessary defence is not unlawful (Criminal Code, Art. 28). Witnesses and video are needed to show who started the fight.
7. Where to apply: police or prosecutor; superior prosecutor; district (city) court, for a civil claim.
8. Evidence: medical record, scans, photos of injuries, video from cameras (request it quickly), witnesses, receipts for treatment.
9. Pitfalls: waiting for bruises to fade, since without an examination the severity cannot be established; expecting the verdict to recover treatment costs automatically; if the attacker was a family member or former partner, this is domestic violence, which has different rules.

Be sure to check

• record the injuries immediately, file a report with the police or prosecutor, and get a certificate
• forensic medical examination through the investigator; it determines the article (violence / minor / less severe / grievous harm)
• short limitation period for simple violence, and victim status
• compensation for treatment and moral harm through a civil claim, and the claim's limitation period