Criminal cases

Charged with making threats: what to do under Georgian law

What a threats charge requires in Georgia: the elements of the offence and the weak points of the prosecution, sanctions for the basic and aggravated forms (including against family members), routes that avoid a criminal record, and how to defend yourself.

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

Provisions in force (texts in Georgian)

საქართველოს სისხლის სამართლის კოდექსი

საქართველოს სისხლის სამართლის საპროცესო კოდექსი

This is an overview, not legal advice. Deadlines and amounts follow the current wording of the law — check them against the text of each article.

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