The legal and evidential questions
IVF or Surrogacy Clinic and Agency Fraud. The first task is to identify the alleged criminal conduct rather than treating every adverse outcome as a crime. The statutory starting point shown on this page is Article 180 (Fraud). The investigation must distinguish alleged deceptive appropriation from contractual non-performance, commercial risk or a later inability to pay.
Compare pre-contract representations with services performed, consent and treatment records, invoices, payment destinations, refund requests, agency instructions and patient communications.
Adverse outcome, negligence and crime are different
A failed treatment, contractual breach or regulatory violation is not automatically criminal. The alleged offence, fault standard, causation, harm, consent and role of each practitioner, clinic or agency must be established on evidence.
Questions to answer first
Identify the alleged criminal conduct rather than treating every adverse outcome as a crime
Preserve complete clinical, consent, laboratory, payment and communication records
Separate individual practitioner, clinic, agency and management roles
Coordinate medical expertise with criminal procedure and any civil or regulatory case
Evidence that may matter
- Complete medical and consent records
- Clinical protocols and professional standards
- Laboratory, embryo or gamete records
- Contracts, invoices, transfers and agency communications
- Independent medical, genetic and forensic expertise
Criminal Code articles to check
Fraud
The investigation must distinguish alleged deceptive appropriation from contractual non-performance, commercial risk or a later inability to pay.
Read full Article 180 text on this pageMaking, sale or use of a forged official document
The original document, method of alteration, intended use, knowledge and the role of the person who made or used it require separate proof.
Read full Article 362 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 180Fraud+
1. Fraud, i.e. taking property of another person or obtaining of title to the property by deceit for its unlawful appropriation, –
shall be punished by a fine or community service from 170 to 200 hours, or by corrective labour or house arrest for a term of one to two years, or by imprisonment for a term of two to four years.
2. The same act:
a) committed by more than one person with a preliminary agreement;
b) causing substantial damage, –
shall be punished by a fine or by imprisonment for a term of four to seven years.
3. The same act committed:
a) using the official position;
b) in large quantities;
c) repeatedly, –
shall be punished by a fine or by imprisonment for a term of six to nine years.
4. The same act committed:
a) by an organised group;
b) by a person who has two or more previous convictions for unlawful appropriation or extortion of another person’s property, –
shall be punished by imprisonment for a term of seven to ten years.
The consolidated official source is listed in the source section at the end of this guide.
Article 362Making, sale or use of a forged document, seal, stamp or blank forms+
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.
The consolidated official source is listed in the source section at the end of this guide.
How the process may develop
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 Code of Georgia↗︎Law on Health Care↗︎Law on Patient Rights↗︎