Charged with disobeying a lawful police order: what to do under Georgian law

What to do

1. Classification: disobedience is punishable only for a LAWFUL order or demand of an officer acting in the performance of duties (Code of Administrative Offences, Art. 173); only a lawful demand of a police officer is mandatory (Law on Police, Art. 48). Distinguish: insult or swearing at an officer is a separate part of the same article (Code of Administrative Offences, Art. 173); resistance involving violence or a threat of violence is a crime (Criminal Code, Art. 353).
2. Penalty: a fine of GEL 2,000 to 5,000 or administrative detention of up to 60 days (the same applies to insulting an officer) (Code of Administrative Offences, Art. 173); 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). Previous sanctions under the same article: a repeat offence carries a fine of GEL 3,500 to 6,000 or detention for 7 to 60 days (Code of Administrative Offences, Art. 173); if a previous fine for a repeat offence is unpaid, only detention of at least half of the maximum term is applied (Code of Administrative Offences, Art. 173); a further episode after a sanction for a repeat offence is a crime, punishable by imprisonment of up to 1 year (Criminal Code, Art. 353³). For a foreigner, expulsion and an entry ban of up to 3 years are possible (Code of Administrative Offences, Art. 173).
3. Deadlines: the case is considered by the district (city) court (Code of Administrative Offences, Art. 208); the case is considered within 3 days (immediately, if the person is detained) (Code of Administrative Offences, Art. 262); a detained person is brought to court no later than 24 hours (extension once, up to 24 hours), otherwise they must be released (Code of Administrative Offences, Art. 247); statements made before the rights were explained (a lawyer, notifying relatives) are inadmissible evidence (Code of Administrative Offences, Art. 245).
4. Defence: the burden of proof lies with the police (Code of Administrative Offences, Art. 236). Relevant evidence includes body-camera video and witness recordings: was there a basis for the demand (documents may be requested only on the grounds set out in the law, such as suspicion of an offence, a search, or a place of incident) (Law on Police, Art. 19), and was there a specific command that the person refused to obey (filming on a phone is not, in itself, called disobedience). The right to examine the case, present evidence, file motions, and have a lawyer and an interpreter (Code of Administrative Offences, Art. 252).
5. Appeal: the complaint is filed within 10 days of service of the decision (a late appeal for a valid reason is restored) (Code of Administrative Offences, Art. 273), to the administrative chamber of the appellate court, through the court that issued the decision (Code of Administrative Offences, Art. 271); the decision is enforced immediately, and the appeal does not suspend it (Code of Administrative Offences, Art. 272).
6. ⏰ Deadlines: enforcement of the penalty is possible no later than 6 months from the date of the offence (Code of Administrative Offences, Art. 38).
7. Evidence: your own videos and witness recordings; request for body-camera recordings; detention protocol; witnesses; certificates on children, pregnancy or disability.
8. Traps: do not give explanations before your rights are explained and your lawyer arrives. An appeal does not stop detention, so prepare it immediately after the hearing.

Be sure to check

• penalty: fine of GEL 2,000 to 5,000 or detention of up to 60 days, and who cannot be detained
• dispute over the lawfulness of the specific demand and the burden of proof on police (video, basis for the demand)
• the district court hears the case within a short timeframe; for detention, the person is brought to court within 24 hours
• appeal: 10 days to the appellate court, but the decision is enforced immediately
• repeat offences carry stricter penalties and criminal liability