Migrant-Smuggling Allegations

1. Illegal crossing of the state border of Georgia, –

shall be punished by a fine or the expulsion of an alien from Georgia and prohibition of his/her entry into Georgia for a term of two to ten years, and/or by imprisonment for a term of three to five years.

2. The act provided for by paragraph 1 of this article which has been committed:

a) jointly by more than one person;

b) using violence or threat of violence, –

shall be punished by the expulsion of an alien from Georgia and prohibition of his/her entry into Georgia for a term of two to ten years or by imprisonment for a term of four to five years.

Note:

1. For committing the crime provided for by this article, criminal liability shall not be applied to an alien or a stateless person who has entered Georgia directly from the territory where he/she was under a threat provided for by Articles 15(1), 19(1), 38(3), or 22(1) of the Law of Georgia on International Protection, if he/she immediately, at the first opportunity, appeared before a state authority, presented a proper explanation of his/her illegal entry into Georgia, and requested international protection under the said Law, unless his/her act contains elements of another crime.

2. If it is determined by the relevant final decision on international protection that a foreigner or a stateless person is not in need of international protection, the release from criminal liability provided for by paragraph 1 of this Note shall not apply.

3. For committing the offence provided for by this article, criminal liability shall not be applied also to a person, who has committed the above act because of him/her being a victim of human trafficking, before acquiring the status of a victim of human trafficking.

1. Making, purchase, storage for sale or use, sale or use of forged identity cards or other official documents, –

shall be punished by a fine or imprisonment for up to three years.

11. Forging data/information, and own signatures and the signatures of supporters, in relevant forms of the lists of supporters provided for by the Organic Law of Georgia – the Election Code of Georgia, own, as well as the signature of the supporter, –

shall be punished by a fine.

2. The act under paragraph 1 or paragraph 11 of this article:

a) committed repeatedly;

b) that has resulted in substantial damage, –

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

Note:

1. This article shall not apply to a person who committed the above act before acquiring the status of a victim of human trafficking due to him/her being a victim of human trafficking.

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

3. For committing an act provided for by this article (except for the act related to the sale of forged official documents, seals, stamps or blank forms), criminal liability shall not be applied to an alien or a stateless person who has entered Georgia directly from the territory where he/she was under a threat provided for by Articles 15(1), 19(1), 38(3), or 22(1) of the Law of Georgia on International Protection, if he/she immediately, at the first opportunity, appeared before a state authority, presented a proper explanation of his/her illegal entry into Georgia, and requested international protection under the said Law, unless his/her act contains elements of another crime.

4. If it is determined by the relevant final decision on international protection that a foreigner or a stateless person is not in need of international protection, the release from criminal liability provided for by paragraph 3 of this Note shall not apply.

1. Purchase or sale of human beings, or any unlawful transactions in relation to them, by means of threat, use of force or other forms of coercion, of abduction, blackmail, fraud, deception, by abuse of a position of vulnerability or power or by means of giving or receiving of payment or benefits to achieve the consent of a person having control over another person, as well as recruitment, carriage, concealing, hiring, transporting, providing, harbouring or receiving of a human being for exploitation, –

shall be punished by imprisonment for a term of seven to twelve years, with 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 the offender knowingly to a pregnant woman;

b) knowingly by the offender against a helpless person or a person who financially or otherwise depends on the offender;

c) by abusing the official position, –

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

3. The same act committed:

a) repeatedly;

b) against two or more persons;

c) by taking the victim abroad;

d) using violence or threat of violence which is dangerous for life or health;

e) by a group of persons with preliminary agreement, –

shall be punished by imprisonment for a term of 12 to 15 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 in paragraphs 1, 2 or 3 of this article:

a) committed by an organised group;

b) that caused the death of the victim or resulted in other grave consequences, –

shall be punished by imprisonment for a term of 15 to 20 years, with deprivation of the right to hold an office or to carry out activities for up to three years.

Note:

1. For the purposes of this article and Article 1432 of this Code, the following shall constitute exploitation for the purpose of gaining material or other benefit:

a) inducing a person to perform labour or other services;

b) inducing a person to provide sexual services;

c) engaging a person in criminal activities, prostitution, pornographic or other anti-social activities;

d) removing, transplanting or otherwise using an organ, part of an organ or tissue of the human body by force or deception;

e) subjecting a human being to practices similar to slavery or to modern-day slavery. Subjecting a human being to modern-day slavery shall mean creation of such conditions when the person performs certain work or renders services in favour of another person in return for payment, inadequate payment or without payment, and he/she is not able to change these circumstances because of his/her dependence on that person. Dependence on a person may be caused by, among other things:

e.a) confiscation, control or intentional unlawful handling of personal identification documents;

e.b) restriction of the right to free movement or control of free movement;

e.c) restriction or control of communication (including correspondence and phone calls) with family members or other persons;

e.d) creation of coercive or threatening environment.

2. For the purposes of this article and Article 1432 of this Code, it does not matter whether a person consents to his/her pre-determined exploitation.

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