Charged with theft: what to do under Georgian law

What to do

1. Classification: theft — secret taking of another’s movable property with intent to appropriate it; there is no monetary threshold (Criminal Code of Georgia, Art. 177); open taking (continuing to carry the goods away after a security guard’s shout) is already robbery (Criminal Code, Art. 178); an act not completed (for example, stopped still in the shop hall) is an attempt (Criminal Code, Art. 19). There is no petty theft under the Administrative Offences Code, but when the value is negligible, the first defence argument is insignificance: an act that caused no harm requiring criminal liability is not a crime (Criminal Code, Art. 7).
2. The part of the article depends on the amount and the circumstances: part 1 — a fine, house arrest for 6 months to 1 year, or imprisonment for 1–3 years (Criminal Code, Art. 177); significant damage — over 150 lari (Criminal Code, Art. 177) → part 2: house arrest for 1–2 years or imprisonment for 3–5 years; repeated — if an earlier offence against property existed (theft, robbery, fraud, etc.) (Criminal Code, Art. 177) → part 3 (including repeated, by a group, or from a dwelling or vehicle): imprisonment for 4–7 years (Criminal Code, Art. 177); over 10,000 lari — a large amount (part 4, from 6 years) (Criminal Code, Art. 177). Check the valuation of the goods (purchase or sale price, receipts), as the part depends on it.
3. Route without a criminal record: for a first offence with a maximum penalty of up to three years (part 1), release from liability if you confessed, helped solve the case and compensated the damage (Criminal Code, Art. 68); diversion — the prosecutor does not initiate or terminates prosecution for a less grave or grave offence when the conditions are met (Criminal Procedure Code, Art. 168¹); conditions: compensation of damage, a payment to the budget of from 500 lari, and 40–400 hours of work (Criminal Procedure Code, Art. 168¹); not applicable to a person in detention (Criminal Procedure Code, Art. 168²). Compensate the damage promptly and document it.
4. If there is no route without a record: a plea bargain (admission in exchange for mitigation) or a trial; for a less grave offence with an admission, a conditional sentence may be possible (Criminal Code, Art. 63).
5. Minor: liability starts at 14 years of age (Criminal Code, Art. 33); after that — the juvenile justice regime (legal representative, specialised lawyer).
6. Where to apply: police (investigation); prosecutor (diversion, plea bargain); district (city) court; lawyer or Legal Aid Service.
7. Evidence: receipt and valuation of the goods, camera footage, record of detention or seizure, confirmation of compensation of damage, certificate of no criminal record.
8. Pitfalls: treating petty theft as an administrative fine — there is no such provision in Georgia; giving explanations to security or police without a lawyer; “goods returned, no case” — this is incorrect: the return alone does not end the case, and admission, help in solving it and compensation are needed; repeat theft after a previous one — already part 3 and a grave crime.

Be sure to check

• there is no minor administrative theft (theft falls under the Criminal Code at any amount), but when the value is negligible the act may be insignificant, i.e. not a crime
• the part of the article depends on the amount (over 150 lari — significant damage) and on repetition
• release on a first offence with compensation (active repentance) and diversion
• plea bargain and conditional sentence as a fallback; the minimum age of liability