Charged with making threats: what to do under Georgian law

What to do

1. Check the elements: a threat is a threat to deprive a person of life, to harm their health or to destroy their property, if the person threatened has a reasonable fear that it will be carried out (Criminal Code of Georgia, Art. 151). Points to examine: was the threat really directed at life, health or property (and not swearing, an insult or “you will regret this”); did the victim have a REASONABLE fear — the context of a mutual quarrel, a joke, the absence of any ability to carry it out, continued calm communication afterwards, reconciliation.
2. Classification and sanction: part 1 — a fine, community service, corrective labour, house arrest or imprisonment of up to 1 year (plus possible restriction of the right to weapons) (Criminal Code, Art. 151); part 2 — by a group, repeatedly, or against a pregnant woman, a helpless person, a person with a disability, a minor or a family member: imprisonment of up to 3 years (Criminal Code, Art. 151). A threat against a family member is an aggravated element (part 2, subparagraph «დ») (Criminal Code, Art. 151); for a family offence a fine cannot be the main penalty (Criminal Code, Art. 42); in family cases the court gives priority to seizure of weapons and a ban on approaching the victim (Criminal Procedure Code, Art. 199). Distinguish: systematic unwanted messages or calls — a separate offence of stalking (Criminal Code, Art. 151¹); a threat accompanied by a demand for money or property — already extortion (Criminal Code, Art. 181).
3. Route without a criminal record: a threat is a less grave crime (maximum imprisonment of no more than five years) (Criminal Code, Art. 12); for a first offence with a maximum of up to three years — release if you confessed, helped solve the case and compensated the damage (Criminal Code, Art. 68); diversion — the prosecutor does not initiate or terminates prosecution when the conditions are met (Criminal Procedure Code, Art. 168¹); in a family offence, a course on changing violent behaviour may be a condition of diversion (Criminal Procedure Code, Art. 168¹). Otherwise — a plea bargain (admission in exchange for mitigation) or a trial.
4. Evidence for the defence: complete correspondence (not a cropped screenshot), a recording or witnesses to the quarrel, the victim’s conduct afterwards. Before giving testimony, consult a lawyer; do not contact the victim in violation of any imposed prohibitions.
5. Where to apply: police (investigation); prosecutor (diversion, plea bargain); magistrate judge or district (city) court; lawyer or Legal Aid Service.
6. Evidence: complete correspondence and call records in context, witnesses to the quarrel, the victim’s messages and conduct after the conflict, character references, certificate of no criminal record.
7. Pitfalls: writing “apologies” and giving explanations in writing without a lawyer; writing to or calling the victim to “make up” — new episodes and breach of prohibitions; thinking the victim can “withdraw the complaint” — the decision to prosecute is taken by the prosecutor; expecting a fine in a family conflict — it is not imposed as the main penalty.

Be sure to check

• the elements — a threat to life, health or property and the victim’s reasonable fear; where the prosecution’s case is weak
• the part 1 sanction and the aggravated part 2 (including family members)
• routes without a criminal record — active repentance, diversion; plea bargain as a fallback
• do not contact the victim; gather the full context of the correspondence