Follow authority, knowledge and the transaction—not titles
A benefit received by an official is not automatically a bribe; an improper exchange connected to official action must be proved.
What advantage was offered or received, for which official act, through whom and with what agreement or understanding?
A flow-of-funds chart may show movement without proving beneficial ownership, criminal origin or what each participant knew.
Records that test the prosecution theory
Complete communications, decision file, authority and timeline, payment or benefit trail, intermediaries, declarations and procurement records.
- AuthorityMap signatures, delegations, approvals and system access.
- EconomicsReconcile contracts, performance, accounting treatment and actual benefit.
- KnowledgeSeparate each person's information and decisions at the relevant time.
- Proceeds and restraintTest tracing, ownership, valuation and third-party interests.
Articles that may enter the qualification
These provisions are orientation points, not a conclusion. An investigation may start under one article and later be narrowed, expanded or reclassified as facts, expert results, article parts, aggravating circumstances and procedural decisions develop.
Bribe-taking
The alleged advantage, recipient's official status, requested or performed act, intent and evidence of exchange must be proved.
Read full Article 338 text on this pageRead the relevant provisions before the external source
The operative English text below is reproduced from the official consolidated Criminal Code of Georgia, publication 296, accessed 9 August 2026. Formatting has been normalised for on-screen reading; the current Georgian-language consolidated text controls if wording or timing differs.
Article 338Bribe-taking+
1. Taking or demanding by an official or a person equal thereto, directly or indirectly, of money, securities, other assets, pecuniary gain or of any other unlawful advantage, or accepting an offer or promise thereof for his/her own benefit or for the benefit of another person in order for the official or the person equal thereto to take or not to take certain actions during the exercise of his/her official powers for the benefit of the bribe-giver, or to use his/her official standing to achieve similar goals, or to exercise official patronage, –
shall be punished by imprisonment for a term of six to nine years.
2. Bribe-taking:
a) by a public political official;
b) in large quantities;
c) by a group of persons with preliminary agreement, –
shall be punished by imprisonment for a term of seven to eleven years.
3. The act provided for by paragraphs 1 and 2 of this article committed:
a) by a person convicted for bribe-taking;
b) repeatedly;
c) by extortion;
d) by an organised group;
e) in particularly large quantities, –
shall be punished by imprisonment for a term of eleven to fifteen years.
Note: Taking of a bribe in large quantities shall mean the amount of money, securities, other assets or pecuniary gain exceeding GEL 10 000; bribe in particularly large quantities shall mean the amount exceeding GEL 30 000.
Open Article 338 in the official consolidated Criminal Code↗︎How counsel turns the issue into a case plan
For bribe-taking, counsel can identify the operative procedure and decision-maker, test the prosecution theory against each legal element, obtain lawful defence material, frame expert or disclosure requests, preserve objections and prepare the next motion, hearing or cross-border step. Advice must be based on the actual record rather than the page title alone.
Preserve the legitimate decision basis and avoid explanations that conflate gifts, fees and alleged exchange.
Questions clients ask about bribe-taking
Does Article 338 — Bribe-taking — automatically apply to Bribe-Taking?+
For Bribe-Taking, Article 338 may provide a starting point, but a page title is not a legal qualification. Investigators and prosecutors must match proved facts to every element, part and aggravating circumstance. The qualification may be narrowed, expanded or changed after expert results, new evidence, a defence motion, prosecutorial review or a court decision. The alleged advantage, recipient's official status, requested or performed act, intent and evidence of exchange must be proved.
Which factual boundary is decisive in a Bribe-Taking case?+
In a Bribe-Taking case, the evidence must distinguish an improper advantage from a lawful gift, fee, political contact, service or procurement decision. That boundary is tested through the person's individual conduct, knowledge or intent, the legally classified consequence and every circumstance relied upon to move the allegation into a different article or aggravated part.
What evidence can prove—or undermine—the allegation of Bribe-Taking?+
The focused record for Bribe-Taking is not the same as for every offence. Priority material includes decision chains, procurement files, calendars, communications, payments and evidence of legitimate work. The defence should test provenance, completeness, authorship, lawful collection, chain of custody and whether each item proves the disputed element rather than merely repeating the accusation.
Can the article or charge for Bribe-Taking change after the investigation starts?+
Yes. For Bribe-Taking, Article 338 may be a starting map, but expert results, quantity or value, injury classification, individual role, attempt or participation, a defence application, prosecutorial review or a court decision may support a different article, part or legal outcome.
What should be preserved immediately in a Bribe-Taking matter?+
In a Bribe-Taking matter, preserve the original chronology, procedural records and the topic-specific material before routine loss or alteration. Early advice is important because company and individual positions may diverge as soon as officials request records or interviews; preservation must be lawful and must not involve hiding, changing or coordinating evidence.
Primary sources for this guide
Legislation can change and official English translations may lag the Georgian text. Check the current consolidated version and obtain advice before relying on a deadline, offence classification or remedy.
Criminal Procedure Code of Georgia↗︎Official consolidated Criminal Code — current text & PDF↗︎Ministry of Finance Investigation Service↗︎