The legal and evidential questions
Public Fights and Alleged Hooliganism. The first task is to identify the object and the precise prohibited conduct alleged. The statutory starting point shown on this page is Article 236 (Illegal firearms, ammunition or explosives activity). Purchase, storage, carrying, manufacture, transport and sale are distinct forms of conduct under the provision.
Secure CCTV and phone footage, dispatch and arrest records, participant positions, medical evidence, property damage, witness accounts and the sequence of any police intervention.
The object and the conduct must both be classified
Ownership, possession, storage, carrying, transport, use and registration are not interchangeable. Public-order allegations may also require separate analysis of identification, self-defence, injury and police conduct.
Questions to answer first
Identify the object and the precise prohibited conduct alleged
Separate ownership, possession, storage, carrying and use
Preserve video, body-camera, location and witness evidence
Assess self-defence, proportionality and the legality of police actions
Evidence that may matter
- Weapon, ammunition and ballistic records
- Permits, registration and storage evidence
- CCTV, phone video and police recordings
- Injury, scene and forensic material
- Witness accounts and command records
Criminal Code articles to check
Illegal firearms, ammunition or explosives activity
Purchase, storage, carrying, manufacture, transport and sale are distinct forms of conduct under the provision.
Read full Article 236 text on this pageHooliganism
Requires the public-order and violence-or-threat elements in the current provision; participation and self-defence must be assessed individually.
Read full Article 239 text on this pageIntentional bodily-injury provisions
Articles 117, 118 and 120 address different classifications of intentional harm. Article 119 is deleted, so the medical classification, causation, intent and any claimed self-defence must be mapped to the current provisions.
Read full Articles 117, 118 and 120 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 236Illegal purchase, storage, carrying, manufacturing, transportation, forwarding or sale of firearms (other than hunting smooth-bore firearms (shotguns)), ammunition, explosives or explosive devices+
1. Illegal purchase or storage of a hunting firearm or a sports firearm, or of ammunition intended for such a weapon, –
shall be punished by a fine or house arrest for a term of six months to two years, or by imprisonment for a term of up to two years.
2. An act under paragraph 1 of this article committed:
a) by a group of persons;
b) repeatedly, –
shall be punished by imprisonment for a term of two to five years.
3. Illegal purchase or storage of a firearm (except for the one provided for in paragraph 1 of this article), ammunition (except for the one provided for in paragraph 1 of this article), explosive substance or explosive device, –
shall be punished by imprisonment for a term of three to six years.
4. Illegal carrying of a firearm, ammunition, explosive substance or explosive device, –
shall be punished by imprisonment for a term of four to seven years.
5. Illegal manufacturing, transportation, forwarding or sale of a firearm, ammunition, explosive substance or explosive device, –
shall be punished by imprisonment for a term of six to nine years.
6. An act provided for in paragraph 3, 4 or 5 of this article committed by:
a) a group of persons;
b) a person who has previously been convicted for an offence under paragraph 3, 4 or 5 of this article, –
shall be punished by imprisonment for a term of eight to eleven years.
Note: A person who voluntarily hands in the items provided for in this article shall be discharged from criminal liability, unless there are other elements of crime in his/her act.
The consolidated official source is listed in the source section at the end of this guide.
Article 239Hooliganism+
1. Hooliganism, i.e. an act that grossly violates public order and demonstrates clear disrespect towards the public, using violence or threat of violence, –
shall be punished by a fine or community service for a term of 120 to 180 hours or by corrective labour for up to one year, or by house arrest for a term of six months to two years or imprisonment for a term of up to one year.
2. The same act committed:
a) by a group of persons with preliminary agreement;
b) against a representative of public authorities or a person preventing hooliganism;
c) by a person convicted of hooliganism, –
shall be punished by a fine or community service from 180 to 200 hours or by corrective labour from one to two years or by imprisonment for a term of two to five years.
3. The act provided for by paragraph 1 or 2 of this article committed by using firearms or any other object as a weapon, –
shall be punished by imprisonment for a term of four to seven years.
The consolidated official source is listed in the source section at the end of this guide.
Article 117Intentional infliction of serious harm to health+
1. Intentional infliction of serious harm to health, i.e. bodily injury that is dangerous for life or which has caused the loss of eyesight, hearing, speech or any organ or its function, mental disorder, interruption of pregnancy, permanent disfigurement of the face or other such injury that is dangerous for life and causes permanent loss of general working ability by at least one third, or complete loss of professional working ability knowingly, –
shall be punished by imprisonment for a term of four to seven years, with or without the restriction of the rights regarding weapons.
2. An act provided for by paragraph 1 of this article, which has caused the loss of life, –
shall be punished by imprisonment for a term of five to eight years, with or without the restriction of the rights regarding weapons.
3. An act provided for by paragraph 1 of this article, committed:
a) in connection with the official activities or performance of public duties of a victim or his/her close relative;
b) with regard to hostage- taking;
c) by the means that intentionally endanger the life or health of others;
d) with the aim of concealing any other crime or facilitating its commission;
e) against a family member;
f) by an offender knowingly on a pregnant woman;
g) by an offender knowingly on a minor, a helpless person or a person with a disability;
h) with hooligan motives;
i) due to race, religion, national or ethnic intolerance;
j) due to intolerance for equality of women with men;
k) by a group of persons;
l) against two or more persons;
m) with an extreme cruelty;
n) for mercenary purposes or by contract;
o) with the aim of transplanting or otherwise using an organ, part of an organ or a tissue of a victim’ s body;
p) repeatedly (except for murders under Articles 110-114 of this Code);
q) by a person who had previously committed a murder under Article 108 or 109 of this Code, –
shall be punished by imprisonment for a term of nine to thirteen years, with or without the restriction of the rights regarding weapons.
4. An act provided for by paragraph 3 of this article, which has caused the loss of life, –
shall be punished by imprisonment for a term of ten to fourteen years, with or without the restriction of the rights regarding weapons.
The consolidated official source is listed in the source section at the end of this guide.
Article 118Intentional infliction of less serious harm to health+
1. Intentional infliction of less serious harm to health that is not dangerous for life and has not entailed a consequence provided for by Article 117 of this Code but which is related to a long-term deterioration of health or to a stable and less than one-third loss of general working ability, –
shall be punished by corrective labour for a term of up to 18 months or house arrest for a term of six months to two years, or by imprisonment for a term of two to four years, with or without the restriction of the rights regarding weapons.
2. Intentional infliction of less serious harm to health committed under the aggravating circumstances provided for by Article 117(3) of this Code, or by a person who had previously inflicted intentionally a serious health to health or committed an act provided for in Article 108 or 109 of this Code, –
shall be punished by imprisonment for a term of four to six years, with or without the restriction of the rights regarding weapons.
3. An act provided for in paragraph 2 of this article, which has caused the loss of life, –
shall be punished by imprisonment for a term of five to eight years, with or without the restriction of the rights regarding weapons.
The consolidated official source is listed in the source section at the end of this guide.
Article 120Intentional infliction of minor harm to health+
1. Intentional infliction of minor harm to health, which has entailed a short-term deterioration of health or an insignificant or unstable loss of general working ability, –
shall be punished by a fine or corrective labour for a term of up to six months, or house arrest for a term of six months to two years, or imprisonment for a term of one to three years, with or without restriction of the rights regarding weapons.
2. Intentional infliction of minor harm to health committed under the aggravating circumstances provided for by Article 117(3) of this Code, or by a person who had previously inflicted intentionally serious harm to health, less serious harm to health or committed an act provided for in Article 108 or 109 of this Code, –
shall be punished by imprisonment for a term of three to five years, with or without restriction of the rights regarding weapons.
The consolidated official source is listed in the source section at the end of this guide.
How the process may develop
Where police cite an administrative public-order provision instead of a criminal charge, read the tailored Article 166 disorderly-conduct guide.
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↗︎Constitution of Georgia↗︎