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Corruption & public sector

Commercial Bribery

Commercial Bribery: Article 221 (Commercial bribery) analysis, focusing on reconstructing the decision and approval chain under Georgian law.

English legal guideTbilisi · Georgia-wide

Commercial Bribery. The first task is to reconstruct the decision and approval chain. The statutory starting point shown on this page is Article 221 (Commercial bribery). It concerns an alleged improper advantage in a private commercial or organisational setting and should not be confused with public-official bribery.

Trace the proposed or delivered advantage, counterparty, timing, requested business act, invoices and service evidence; distinguish genuine consideration from a payment allegedly intended to influence duty.

Questions to answer first

01

Reconstruct the decision and approval chain

02

Distinguish lawful services from an alleged improper advantage

03

Review procurement, grant and payment records

04

Assess public and private roles separately

Evidence that may matter

  • Tender and procurement files
  • Contracts, invoices and payments
  • Official decisions and approvals
  • Messages, calls and meetings
  • Audio, video and witness material
Criminal Code articles to consider

Criminal Code articles to check

Article 221

Commercial bribery

Concerns an alleged improper advantage in a private commercial or organisational setting and should not be confused with public-official bribery.

Read full Article 221 text on this page
Why the cited article can change
Relevant Criminal Code wording

Read 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 221Commercial bribery

1. Promising, offering, transferring or rendering, directly or indirectly, money, securities, other property or property-services and/or other undue advantage to a person holding managerial, representative or other special powers in an enterprise or organisation or working in that enterprise or organisation, in his/her or other person’s favour, in order that he/she act or refrain from certain actions, in violation of his/her official duties, –

shall be punished by a fine or house arrest for a term of six months to one year, or imprisonment for up to three years, with or without deprivation of the right to hold an office or to carry out activities for up to three years.

2. The same act committed:

a) by a group of persons;

b) repeatedly, –

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

3. Request or acceptance of offering, promise, transfer or services, directly or indirectly, of money, securities, other property or property services and/or of other undue advantage by a person holding managerial, representative or other special powers or working in an enterprise or organisation, for his/her or another person’s benefit, in order for that person to act or refrain from taking certain actions, in violation of his/her official duties in the interests of the briber or any other person, –

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

4. The act provided for by paragraph 3 of this article which has been committed:

a) jointly by more than one person;

b) repeatedly;

c) by extortion, –

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

Note:

1. A person who commits the act provided for by paragraph 1 or 2 of this article shall be discharged from criminal liability if he/she voluntarily notifies the agency conducting criminal proceedings of such commission. A decision to discharge a person from criminal liability shall be made by the agency conducting criminal proceedings.

2. For the act provided for by this article, a legal person shall be punished by liquidation or by deprivation of the right to carry out activities and a fine.

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

How the process may develop

01Role and jurisdiction review
02Chronology
03Benefit and intent analysis
04Document testing
05Interview preparation
06Court response
Sources & legislation

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 GeorgiaOfficial consolidated Criminal Code — current text & PDFMinistry of Finance Investigation Service
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