Influence Peddling

1. Whoever in his/her own interests or in those of another person promises, offers or grants money, securities, other assets, material benefit or any other unlawful advantage, directly or indirectly, to a person claiming or confirming that he/she can exert an unlawful influence, for his/her own or another person’s benefit, on the decisions of an official or a person equal thereto, regardless of whether or not such influence has been exerted and/or the desirable outcome of such influence has been obtained, –

shall be punished by a fine or corrective labour for up to two years, or by house arrest for a term of six months to two years or imprisonment for up to two years.

2. If a person who claims or confirms that he/she can exert unlawful influence on the decision of an official or of a person equal to the official demands or accepts, directly or indirectly, for his/her own benefit or for the benefit of another person, money, securities, other assets, material benefit or any other unlawful advantage from a person who acts in his/her own or another person’s interests, regardless of whether or not such influence has been exerted and/or the desirable outcome of such influence has been obtained, –

shall be punished by imprisonment for a term of three to five years.

3. The act provided for by paragraph 2 of this article committed by an organised group, –

shall be punished by imprisonment for a term of four to seven years.

Note:

1. For the offence provided for by paragraph 1 of this article, criminal liability shall not apply to a person who has voluntarily notified this fact to the authorities conducting criminal proceeding. A decision to discharge a person from criminal liability shall be taken by the authorities conducting criminal proceedings.

2. A fine shall be imposed on a legal person for committing the act provided for by this article.

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

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.