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
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 Criminal Code provisions
The panel below reproduces the available official English wording for convenient reading. Check the current Georgian text and the exact article part before relying on it, because later amendments may not yet appear in translation.
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.
The consolidated official source is listed in the source section at the end of this guide.
Preserve the legitimate decision basis and avoid explanations that conflate gifts, fees and alleged exchange.
Primary sources for this guide
Before acting, compare this guide with the current Georgian text and the exact document served in the case. The official English translation may not include the latest amendment.
Criminal Procedure Code of Georgia↗︎Official consolidated Criminal Code — current text & PDF↗︎Ministry of Finance Investigation Service↗︎