Abuse of Official Powers

1. Abuse of official powers by an official or by a person equal thereto to the detriment of public interests, in order to gain some benefit or advantage for himself/herself or for another person, which has resulted in substantial violation of the rights of natural or legal persons, or of the lawful interests of the public or the state, –

shall be punished by a fine or house arrest for a term of six months to two years, or by imprisonment for up to three years, with deprivation of the right to hold an office or to carry out activities for up to three years.

2. Abuse of official powers by a public political official, –

shall be punished by a fine or imprisonment for a term of three to five years, with deprivation of the right to hold an office or to carry out activities for up to three years.

3. The act provided for in paragraph 1 or 2 of this article which has been committed:

a) repeatedly;

b) using violence or a weapon;

c) by offending personal dignity, –

shall be punished by imprisonment for a term of five to eight years, with deprivation of the right to hold an office or to carry out activities for up to three years.

Note:

1. The subjects of the crime provided for by this Chapter also include employees of legal entities under public law (other than political and religious associations) that exercise public law powers, members of provisional commissions of the Parliament of Georgia, electoral subjects (only for the purposes of the offence provided for by Article 338 of this Code), private enforcement officers, as well as any other persons who exercise public law powers based on the legislation of Georgia.

2. For the purposes of this Chapter, a person equal to an official shall also mean a foreign official (including an employee of a public authority exercising legislative and/or administrative powers), any person performing any public duty for another state, an official of an international organisation or agency, or an employee hired on a contractual basis, as well as any seconded or non- seconded person performing the duties relevant to the duties of this official or employee, foreign jury members who perform their duties based on a foreign legislation, a member of the international parliamentary assembly, a representative of the International Criminal Court, a judge or official of the international court or judicial body.

3. The subjects of the crimes provided for by Articles 338 and 339 of this Code shall also include members of the arbitration tribunals of Georgia and foreign countries, and the subjects of the crime provided for by Articles 338– 3391 of this Code shall also include jurors (juror candidates) who perform the said duties based on the legislation of Georgia.

The consolidated official source is listed in the source section at the end of this guide.