What the accusation must actually prove
Theft requires unlawful taking of another person's movable property with the relevant intent; possession near property is not the same as appropriation.
Who owned and controlled the item, how did possession change, and what proves the accused's knowledge and purpose?
The prosecution must prove every required element beyond reasonable doubt; suspicion, association or an adverse outcome cannot fill an evidential gap.
Evidence specific to this allegation
Ownership and inventory records, CCTV, access logs, messages, recovery location, fingerprints and valuation material.
Conduct
Define the exact act attributed to each person, including time, place and role.
Mental element
Test knowledge, intent, purpose or negligence required by the potential provision.
Consequence and causation
Separate what happened from what the accused legally caused.
Articles that may enter the qualification
Theft
Concerns covert taking of another person's movable property; possession, ownership, identification and intent require proof.
Read full Article 177 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 177Theft+
1. Theft, i.e. secretly taking another person’s movable property for its unlawful appropriation, –
shall be punished by a fine or house arrest for a term of six months to one year, or by imprisonment for a term of one to three years.
2. The same act:
a) which has resulted in considerable damage;
b) committed by illegally entering the premises or any other storage facility, –
shall be punished by house arrest for a term of one to two years or by imprisonment for a term of three to five years.
3. The same act committed:
a) with a preliminary agreement by a group;
b) repeatedly;
c) by illegal entry into a dwelling place;
d) against a vehicle, –
shall be punished by imprisonment for a term of four to seven years.
4. The same act committed:
a) by an organised group;
b) in large quantities;
c) by a person who has two or more previous convictions for unlawful appropriation or extortion of another person’s property;
d) with respect to the oil or gas flowing in the main pipeline, –
shall be punished by imprisonment for a term of six to ten years.
Note:
1. Under this Chapter, ‘large quantities’ shall mean property (propert ies) worth more than GEL 10 000.
2. A crime provided for by Articles 177-186 of this Code shall be deemed as having been committed repeatedly if it has been preceded by any of the crimes provided for by these articles and Articles 224, 231, 237, 264 and 2681 of this Code.
3. Under this Chapter of the Code, a considerable damage shall mean the value of a property (properties) worth more than GEL 150.
The consolidated official source is listed in the source section at the end of this guide.
Preserve lawful-possession explanations and challenge assumptions drawn solely from later possession.
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↗︎