The prosecutor offers a plea bargain — should I accept?: what to do under Georgian law

What to do

1. The essence and the cost: a plea bargain — the accused admits the crime and agrees on a sentence, a reduction, or a partial withdrawal of the charge (Criminal Procedure Code of Georgia, Art. 209); a guilty verdict is delivered without examining the evidence; civil liability remains (Criminal Procedure Code, Art. 210); a criminal record runs from the entry into force of the verdict until it is expunged or removed (Criminal Code of Georgia, Art. 79) — a criminal record arises even with a fine or a suspended sentence.
2. Alternatives first: the alternative without a conviction is diversion for less grave and grave offences (Criminal Procedure Code, Art. 168¹). For a first case and compensation of damage, ask for diversion rather than a deal. If the evidence is weak, a trial on the merits may be more favourable.
3. What to negotiate: the prosecutor takes into account prior convictions, cooperation and compensation of damage (Criminal Procedure Code, Art. 210); a sentence below the lower limit or a milder type of penalty may be possible (Criminal Code, Art. 55); a conditional sentence may be possible (Criminal Code, Art. 63); a fine instead of a term of imprisonment (a fine is a criminal penalty: minimum 2,000 lari; for offences punishable by up to three years’ imprisonment, from 500 lari) (Criminal Code, Art. 42); requalification; dropping of episodes. Everything is recorded in writing in the protocol; without a lawyer’s participation the deal is inadmissible (Criminal Procedure Code, Art. 210).
4. The court: the court checks that the deal is voluntary and that the consequences, including the criminal record, are understood (Criminal Procedure Code, Art. 212); the court is not obliged to approve the deal (Criminal Procedure Code, Art. 212). Withdrawal: until the verdict you can withdraw at any moment, and the lawyer’s consent is not needed (Criminal Procedure Code, Art. 213); if the deal is refused or the verdict is cancelled, testimony cannot be used against the accused (Criminal Procedure Code, Art. 214); but after the verdict withdrawal is not possible (Criminal Procedure Code, Art. 213).
5. After the verdict: the verdict takes effect immediately upon announcement (Criminal Procedure Code, Art. 215). This is not a general appeal: only a complaint seeking annulment, lodged with the higher court within 15 days of the verdict (Criminal Procedure Code, Art. 215); grounds: coercion, threats, violence, intimidation, deception; also violation of the right to defence and lack of evidence (Criminal Procedure Code, Art. 215). Expungement: for a sentence milder than imprisonment (a fine) — one year after the sentence is served; for a conditional sentence — upon expiry of the probation period (Criminal Code, Art. 79). The victim cannot appeal the deal but keeps the civil claim (Criminal Procedure Code, Art. 217).
6. Where to apply: prosecutor (approved by the superior prosecutor); court of first instance; higher court; lawyer or Legal Aid Service.
7. Evidence: case file and the prosecution’s evidence, draft agreement or protocol, documents on compensation of damage, income certificates.
8. Pitfalls: “a deal with a fine is not a conviction” — this is incorrect; an “ordinary appeal” against a verdict on a deal — there is none (see point 5); signing without reviewing the evidence — after the verdict you cannot change your mind; oral promises outside the protocol; a deal where diversion is available.

Be sure to check

• a plea bargain means admitting guilt and a guilty verdict without examining the evidence; a conviction arises, including with a fine or a suspended sentence
• what can be negotiated (sentence below the minimum, conditional sentence, reduced charge) and the alternative of diversion
• the court is not obliged to approve the deal; you can withdraw before the verdict, but not after it
• after the verdict — only a complaint within 15 days on narrow grounds (coercion, deception, violation of the right to defence)
• when the conviction is expunged