The offender was convicted: how to get the money: what to do under Georgian law

What to do

1. Read the verdict: the amount and the property to be compensated are set out in the operative part of the verdict (CPC Art. 274). Compensation under the CPC covers only direct property harm (CPC Art. 3) and is ordered only for a closed list of offences: large-scale fraud (CC Art. 180(3)(b)), extortion (CC Art. 181(2)(d)), large-scale misappropriation or embezzlement (CC Art. 182(3)(b)) and others (CPC Art. 165³); damage to property (CC Arts. 187, 188), where the damage exceeds GEL 10,000 (CPC Art. 165³); and only if the victim has not waived it in writing (CPC Art. 165³). Theft and robbery are not on the list; for them only a civil claim is available.
2. Compensation ordered → enforcement: a verdict on compensation is enforced as an enforcement document (Law of Georgia on Enforcement Proceedings, Art. 2); the National Bureau of Enforcement (NBE) starts enforcement upon the creditor's written application and writ of execution (Law on Enforcement Proceedings, Art. 25). Levers: attachment of property proportionate to the harm (CPC Art. 165⁶), including property transferred after the crime as a gift or far below market value (CPC Art. 165⁴); the travel ban is lifted only after payment (CPC Art. 165⁸).
3. No compensation or too little → civil claim for harm caused by the crime: the claim is attached with the verdict in force (Civil Procedure Code of Georgia (CivPC), Art. 309¹⁷); the fact of harm established in the verdict is considered proven (CivPC Art. 309²⁰); the claim is considered within 1 month (CivPC Art. 309²⁰); appeal within 7 days (CivPC Art. 309²¹); the plaintiff is exempt from court costs (CivPC Art. 46). The civil claim for harm is preserved (CPC Art. 165³), less any compensation already received (CPC Art. 165³).
4. Deadlines: limitation is 3 years from when you learned of the harm or of the offender, not from the date of the verdict (CivC Art. 1008), so if the investigation is long, file the claim before the verdict. After a court decision, the period is ten years (CivC Art. 142).
5. While the case is still ongoing: the prosecution must ensure compensation (CPC Art. 165³); before concluding a plea agreement the prosecutor consults the victim (CPC Art. 217); a plea agreement does not deprive the victim of the right to bring a civil claim (CPC Art. 217). Appeals against the verdict are filed by the prosecutor and the convicted person, not by the victim (CPC Art. 292). Moral damage is recoverable only in cases expressly provided by law (CivC Art. 413).
6. Where to apply: prosecutor on the case; the court that issued the verdict (writ of execution); National Bureau of Enforcement (NBE); district (city) court for a civil claim.
7. Evidence: the verdict (article, operative part), calculation of damage (statements, receipts), information about the convicted person's property and his transactions with relatives.
8. Traps: waiting for the money to come back by itself, since without compensation in the verdict or a civil claim there is no enforcement; counting the limitation period from the date of the verdict; signing a written waiver of compensation.

Be sure to check

• check the article of conviction and the operative part: whether “compensation to the victim” is ordered (a closed list of offences, direct property harm)
• enforcement of the compensation verdict through the Bureau of Enforcement, attachment of property, travel ban until payment
• civil claim for harm from the crime: the verdict proves the fact of harm, 1 month for consideration, no court costs
• limitation of 3 years from when you learned of the harm or the offender, not from the date of the verdict
• a plea agreement with the prosecutor preserves the right to a civil claim