Start with duty, record and medical causation
Death or serious injury establishes a consequence, not the responsible act, mental element or causal pathway.
What clinical event caused the outcome, which alternative disease or intervention contributed and who controlled the decision?
Independent expertise should identify the applicable specialty standard and limitations; it should not be asked to declare criminal guilt.
The unaltered clinical record matters first
Autopsy, toxicology, imaging, laboratory results, monitoring data, medication chart, device logs and expert reviews.
Clinical chronology
Reconstruct condition, decisions, interventions and response.
Individual duty
Distinguish practitioner, clinic, agency and executive roles.
Causation
Test competing medical explanations and legally assessed harm.
Articles that may enter the qualification
Killing by negligence
May be relevant where a death is alleged to result from negligence rather than an intentional act; duty, fault and causation require independent proof.
Read full Article 116 text on this pageSerious or less serious harm to health by negligence
An adverse outcome or safety breach does not itself prove criminal negligence; the standard of care, individual duty, fault, medical classification and causation must be established.
Read full Article 124 text on this pageLeaving a sick person in danger
May apply to unjustified failure by a medical worker to provide urgent aid where a patient's life is endangered; duty, urgency, valid reason and consequence require proof.
Read full Article 130 text on this pageIllegal medical or pharmaceutical practice
Potentially relevant where unauthorised practice allegedly causes health damage or death; licensing, individual conduct and causation must be established.
Read full Article 246 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 116Killing by negligence+
1. Killing by negligence, –
shall be punished by house arrest for a term of six months to two years or imprisonment for a term of two to four years.
2. The same act committed against two or more persons, –
shall be punished by imprisonment for a term of three to five years.
The consolidated official source is listed in the source section at the end of this guide.
Article 124Infliction of serious or less serious harm to health by negligence+
Infliction of serious or less serious harm to health by negligence, –
shall be punished by a fine or imprisonment for a term of up to two years.
The consolidated official source is listed in the source section at the end of this guide.
Article 130Leaving a sick person in danger+
1. Failure of a medical worker to provide urgent medical aid, without a valid reason, to a sick person whose life is endangered, –
shall be punished by a fine or corrective labour for a term of up to 15 months, with or without the deprivation of the right to hold an office or to carry out activities for a term of up to three years, or by house arrest for a term of six months to one year.
2. The same act which has resulted in a serious damage to health or death of a sick person, –
shall be punished by imprisonment for a term of three to five years, with the deprivation of the right to hold an office or to carry out activities for up to three years, or by house arrest for a term of one to two years.
The consolidated official source is listed in the source section at the end of this guide.
Article 246Illegal medical or pharmaceutical practice+
1. Illegal medical or pharmaceutical practice that results in health damage, –
shall be punished by a fine or imprisonment for up to three years.
2. The same act that has resulted in loss of human’s life, –
shall be punished by imprisonment for a term of three to seven years, with or without deprivation of the right to hold an office or to carry out activities for up to three years.
The consolidated official source is listed in the source section at the end of this guide.
Preserve samples and device data and compare the clinical timeline with the legally assessed cause of harm.
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.
Official consolidated Criminal Code — current text & PDF↗︎Law on Health Care↗︎Law on Patient Rights↗︎