I have become a victim of a crime: what to do under Georgian law

What to do

1. Report in writing (police or prosecutor): the applicant is entitled to a written certificate that a crime report has been filed (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). If money was transferred to a fraudster, contact your own bank and the recipient's bank immediately (blocking or return of funds).
2. File an application for recognition as a victim at once. Victim status is granted by a prosecutor's decree. If the application is not granted within 48 hours, file a single complaint with the superior prosecutor (Criminal Procedure Code, Art. 56). If the superior prosecutor refuses, appeal to the district (city) court where the investigation is conducted (Criminal Procedure Code, Art. 56). The court decides within 15 days, and its decision is not subject to appeal (Criminal Procedure Code, Art. 56). Status gives the victim the right to receive information on the progress of the investigation and to examine the materials, if this does not harm the investigation (Criminal Procedure Code, Art. 57).
3. If the case is closed: the prosecutor must send a copy of the decision to terminate the case to the victim within 1 week (Criminal Procedure Code, Art. 106). Termination may be challenged by a single complaint to the superior prosecutor. His decision is final, except for especially grave crimes, domestic violence and family crimes, and cases investigated by the prosecution service; in those cases, the court decides (Criminal Procedure Code, Art. 106).
4. Money: theft on a large scale means more than GEL 10,000 (Criminal Code of Georgia, Art. 177). Upon conviction, including for large-scale fraud (Criminal Code, Art. 180, part 3(b)), the verdict orders the convicted person to pay “compensation to the victim” (Criminal Procedure Code, Art. 165³), unless the victim has refused in writing (Criminal Procedure Code, Art. 165³). This does not deprive the victim of the right to recover the harm through civil proceedings, less the amount already received (Criminal Procedure Code, Art. 165³). If the perpetrator is known, a civil claim for damages can be brought without waiting for a verdict. The limitation period for a tort claim is 3 years from when the victim learned of the harm or of the liable person (Civil Code of Georgia, Art. 1008). After a verdict, in a claim for harm caused by a crime, the court treats the fact of harm established by a verdict that has entered into force as proven (Civil Procedure Code of Georgia, Art. 309²⁰).
5. Where to apply: police or prosecutor; superior prosecutor; district (city) court; bank, immediately in case of a transfer to a fraudster.
6. Evidence: correspondence and screenshots (URL, number, date), bank statements and transfer receipts, call recordings, video from cameras, medical certificates in case of violence, witnesses; the message number and the prosecutor's decree.
7. Pitfalls: not filing a written application for victim status, since without status there is no access to information and no right to appeal; waiting for a criminal case and missing the limitation period for a civil claim; lies or exaggerations in the report, which carry liability for false reporting; a plea bargain between the accused and the prosecutor does not return money by itself, so compensation must be claimed.

Be sure to check

• how and where to report a crime, and how to obtain confirmation
• victim status: 48 hours, then the superior prosecutor, then the court
• appealing the termination of the case
• how to recover money: the bank, compensation under the verdict, a civil claim and its limitation period
• which evidence to preserve