Charged with petty hooliganism: what to do under Georgian law

What to do

1. Tight deadlines: a detained person must be brought to court no later than 24 hours (extension once, up to 24 hours) (Code of Administrative Offences, Art. 247); the case is considered within 3 days (immediately, if the person is detained) (Code of Administrative Offences, Art. 262). Prepare the lawyer and the evidence immediately, because the hearing cannot be postponed for long.
2. Elements: swearing in a public place, offensive approaches to citizens, and similar acts that disturb public order or the peace of citizens (Code of Administrative Offences, Art. 166). Check whether the place was public, whether the swearing was directed at someone, and whether public order was actually disturbed. A dispute, a reaction to provocation, or a peaceful action is not automatically hooliganism.
3. Penalties: a fine of GEL 500 to 3,000 or administrative detention of up to 20 days (Code of Administrative Offences, Art. 166); repeat offence: GEL 3,000 to 5,000 or detention for 5 to 60 days (Code of Administrative Offences, Art. 166); for a foreigner: expulsion and an entry ban of up to 3 years (Code of Administrative Offences, Art. 166). Against detention: detention is applied only in exceptional cases and only by a court (Code of Administrative Offences, Art. 32); detention is not imposed on a pregnant woman, a mother of a child under 12, a person under 18, or a person with a severe disability (Code of Administrative Offences, Art. 32). First episode: if the offence is minor, the person may be released with an oral reprimand (Code of Administrative Offences, Art. 22).
4. Court: the case is heard by the district (city) court (Code of Administrative Offences, Art. 208). Defence: the burden of proving the offence lies with the authority (police) (Code of Administrative Offences, Art. 236); the right to examine the materials, present evidence and file motions (Code of Administrative Offences, Art. 252). Useful material includes body-camera recordings, witnesses, bystander videos, and discrepancies between the protocol and the police reports.
5. Appealing detention: a decision on administrative detention may be appealed once to the appellate court within 48 hours of its issuance (Code of Administrative Offences, Art. 281¹); the appeal does not suspend the detention (Code of Administrative Offences, Art. 281²). For a fine: a decision on a fine is appealed to the appellate court through the court that issued it (Code of Administrative Offences, Art. 271), within 10 days of service (Code of Administrative Offences, Art. 273).
6. Where to apply: district (city) court, then the appellate court; Legal Aid Service.
7. Evidence: bystander videos, police camera recordings, witnesses, medical documents, documents on children, pregnancy or disability.
8. Traps: “petty” does not mean insignificant: a large fine or detention is possible. Do not miss the 48-hour deadline for appealing detention by relying on the general 10-day deadline. Do not confuse this with disobedience to police or with violation of the rules on assemblies: these are different offences with different arguments.

Be sure to check

• elements of the offence (swearing or offensive approaches in a public place, disturbing order) and penalties, including detention and consequences for a foreigner
• the court considers the case within 3 days; a detained person is brought to court within 24 hours
• rights during the proceedings and the burden of proof on police; who cannot be detained; oral reprimand
• appeal: 48 hours for detention, 10 days for a fine, to the appellate court