Who will be affected by amnesty? - საერთაშორისო გამჭვირვალობა - საქართველო

Who will be affected by amnesty?

26 November, 2012

On November 12, 2012, a draft law on amnesty was introduced into Parliament. According to the preamble of the draft law, “the government’s policies in different spheres during recent years caused significant changes in the penitentiary system. The number of detained citizens has increased significantly and Georgia became one of the leading countries with regard to the number of prisoners. This trend is not in accordance with European values and the obligations which Georgia took to move closer to European standards of defense of human rights. In order to move closer to European standards on the permissible number of prisoners, and taking into consideration that state agencies have sufficient material-technical and human resources to control and prevent criminal activities, as well as considering the principles of humanism, Georgia, taking into account the potential threats to the society, on the basis of this law, shall implement one-time, contemporary and special measures that  exempt from criminal responsibility and punishment certain categories of accused and condemned persons for certain crimes in the Criminal Code of Georgia.

According to the draft amnesty law:

Exemption from punishment:

1. Persons who have a suspended sentence, regardless of the punishment term and severity of the crime, who are sentenced by a court prior to the adoption of the above-mentioned law on amnesty.

2. Regardless of the period of imprisonment, persons who are sentenced at the time of enforcement of this law for imprudent crimes.

3.  Regardless of the period of imprisonment, persons who are sentenced at the time of enforcement of this law for committing misdemeanors, except those crimes which are under the following articles of Criminal Code:

Article 139 - Coercion into Sexual Intercourse or Other Action of Sexual Character

Article 140- Sexual Intercourse or Other Action of Sexual Character with a Minor

Artile141 – Act of Perversion

Article 1433 first part of the article - Using the services of a victim of illegal trafficking  of human beings.

 Article 146-first part of the article-Malicious Criminal Prosecution of an Innocent Person

Article 147-first part of the article-Malicious Illegal Arrest or Detention

Article 153- Encroachment upon the Right to Freedom of Speech

Article 161- Encroachment upon the Right to Assembly and Manifestation 

Article 162- Interference into Exercising One’s Will in Elections, Referendum or Plebiscite

Article 164- Encroachment upon Right to Secret Voting, Miscounting of Votes or Incorrect Summing up of Elections Results

Article 1641 –Bribing the Voters

Article   1642 –Participating in Elections, Referendum or Plebiscite on the Basis of False Documents

Article 1643 –Falsification of Elections

Article 335- Forcing Somebody to Give Testimony or Submit an Opinion

Punishment is half diminished for:

Those juveniles, women and persons convicted for the first time that are accused or condemned for grave and especially grave crimes under the following articles:

Article 117-second, third, fourth and fifth parts-Intentional Damage to the One’s Health

Article 118-fourth part- Less Severe International Damage to Health

Article 126-second part- Act of Violence

Article 1431   -Trafficking

Article 1721 – With the aim of Organizing Illegal Adoption Selection of Pregnant Woman and Creating Opportunity for them Leave the Borders of Georgia or Supporting Such Illegal Adoption

Article 177-third and fourth parts-Stealing

Article 178-second, third and fourth parts-Robbery

Article 179- second, third and fourth parts-Assault

Article 180- second, third and fourth parts-Forgery

Article 181- second, third and fourth parts-Extortion

Article 182-second and third parts-Misappropriation or Embezzlement

Article 183-first, second and third parts-Misappropriation of an Object of Historical, Cultural, Scientific or National Value

Article 185-third part-Property Damage Through Deception

Article 186-third part- Knowingly and Intentionally Purchase or Sale of Illegally Obtained Object

Article 187-third and fourth parts-Damaging or Destruction of Object

Article 194-Legalization of Illicit Income (money laundering)

Article 1941 – third part- Using, Buying, Possessing or Selling Property which was Attained Through Legalization of Illicit Income

Article 195-third part-Monopolistic Activity and Restriction of Competition

Article 197-third and fourth part-Falsification

Article 198-second and third parts-Manufacturing, Import and Sale of Products Hazardous for Human Life or Health

Article 200-second, third and fourth parts-Production, Keeping, Sale or Freight of Excise Goods Subject to Stamping without Excise Stamps

Article 2001 –second, third and fourth parts-production, sale and/or use of false excise stamps

Article 2002 –fourth part-selling, buying, using, and/or giving excisable stamps to other person in order to use them for the second time

Article 203-third, fourth and fifth parts-Bribing Participant or Organizer of Professional Sports Competition or Commercial-Spectacular Contests

Article 208-second part- Illegal Obtaining of Credit

Article 210-second part- Forging or Use of Credit or Settlement Card

Article 212-first, second and third parts-Counterfeiting Money or official Documents or Using Thereof

Article 214-second, third, fourth, fifth and sixth parts-Breach of Customs Procedures at the Customs border of Georgia

Article 2221 –Blocking of transport communications

Article 223-Formation or Leading of or Participating in Paramilitary Units 

Article 225- Organizing or leading of or participating in group Violence

Article 227- Illegal Seizure of Flying Object or Water Vessel or Movable Railway Corpus

Article 2271 –Threatening Water Vessel Navigation

Article 2272 –Illegal Seizure, destruction or damage of Stationary Platform

Article 228-Pirating

Article 229- Explosion

Article 230-Illegal Handling of Nuclear Material or Device, Radioactive Waste or Other Source of Ionizing Exposure 

Article 231. Seizure of Nuclear Material, Radioactive Substance or Other Source of Ionizing Exposure

Article 2311 –Illegal request of Nuclear Material

Article 232- Manufacturing of Nuclear Weapons or Other Explosive Nuclear Device

Article 233- Suppression or Distortion of Information on Disaster or Accident on Nuclear or Radioactive Object

Article 234-Transit Across or Importing to Territory of Georgia of Radioactive Fall-outs or Toxic Industrial  or Consumer Remains 

Article 236-third and fourth parts- Illicit production, shipment, transference or sale of fire-arms, ammunition, explosive material or explosive device

Article 237. Illegally Taking Possession for Misappropriation Purposes or Extortion of Arms, Ammunition, Explosive Material or explosive Device

Article 239-third part- Hooliganism

 Article 2401 second and third parts-Violation of Safety standards on electro or heat power engineering, gas, oil or oil-production objects

Article 243-third part- Violation of Fire Safety Standards

Article 245.-sec0ond and third parts-Violation of Rule on Handling of Nuclear Material, Radioactive Fall-out or Other Source of Ionizing Exposure

Article 247. Covering or falsifying Information on Circumstance Presenting Danger to Life or Health

Article 248- second part-Violation of Sanitary-Epidemiological Standards

Article 249-second and third parts- Violation of Rule of Poison Circulation

Article 250-second and third parts- Misappropriation or Extortion of Poison

Article 251-third part- Production or Sale of Low-Quality Goods or Performance of Low-Quality Work or Rendering Low-Quality Service Incompatible with Safety Standards

Article 260- first. Second and third parts-(narcotics users)- Illicit Preparation, Production, Purchase, Keeping, Shipment, Transfer or Sale of Narcotics, the Analogy or Precursor Thereof

Article 261-third and fourth parts- Illicit Preparation, Production, Purchase, Keeping, Shipment, Transference or Sale of Psychotropic Substance, Its Analogy or Powerful Substance

Article 262-first, second and third parts- Illegal Import to or Export from, or International Transit Shipment Across Georgia, of Narcotics, Analogy or Precursor Thereof

Article 263-second and third parts- Illegal Import to or Export from, or International Transit Shipment Across Georgia,  of Narcotics, Analogy or Precursor Thereof in Large Quantities

Article 264-second, third and fourth parts- Misappropriation or Extortion of Narcotics, Analogy or Precursor Thereof, Psychotropic Substance, Its Analogy or Powerful Substance

Article 265-second and third parts- Illicit Sowing, Growing or Cultivating of Plant Containing Narcotics

Article 266- Setting up or Maintenance of Secret Laboratory for Production of Narcotics, Analogy or Precursor Thereof, Psychotropic Substance or Analogy Thereof

Article 267- Preparation of False Receipt or Other Document  for the Purpose of Using  or Using Thereof in Order to Purchase Narcotics

Article 268-second and third parts- Preparation of False Receipt or Other Document for the Purpose of Using, or Using Thereof in Order to Purchase Psychotropic or Powerful Substance

Article 271-third and fourth parts- Allocation of House or Other Place for Abuse of Narcotics, Its Analogy, Psychotropic Substance, Its Analogy

Article 272-second and third parts- Persuasion into Abusing Narcotics, its Analogy, Psychotropic Substance, Its Analogy

Article 285-second part- Creation, Use or Circulation of Computer Damaging Program

Article 288-third part- Violation of Rule on Dealing with Environmentally Hazardous Substance or Waste

Article 304-second part- Damage to or Destruction of Forest or  Plantation 

Article 314- Espionage

Article 315- Conspiracy or Uprising to Alter Constitutional Structure of Georgia by Violence

Article 316- Illegal Grab  of Military Leadership or Disobedience to Legitimate Authority

Article 3391 –participating in trade by someone’s influence

Article 353-second part- Resistance, Threat or Violence against Protector of Public Order or Other Government Representative

Article 362-seond part- Preparation or Using of Forged Document, Seal, Stamp or Blank

Article 370-second part- False Evidence, False Opinion or Incorrect Translation

Article 378-third, fourth and fifth parts-  Impeding Activities of Detention or Penitentiary Institutions or  Disorganization of Such Activities

Article 3781 –third part-giving prohibited things to the one placed into detention or penitentiary institution

Article 279-second part- Escaping from the Place of Imprisonment, Detention or When under Custody

Article 384-second part- Opposing or Compelling Senior to Break Official Obligation

Article 384-second part- in the draft law, Article 384 was mentioned twice, that is probably technical mistake and there should be Article 385-Violence against Senior instead of Article 384)

Article 386-third part- Violation of Rule on Subordination between Military Servicemen not subordinated to Each Other

Article 389-Deserting

Remaining term of sentence will be reduced by one third:

Persons convicted of a serious or especially serious crime before November 6, 2012. This approach is due to the fact that in recent years in prison system there was an inhuman and degrading treatment of prisoners which caused serious damage to prisoners’ health and life.

It is important to note that those prisoners who are sentenced for the total crimes according to 59 Article of Criminal Code of Georgia for each crime and these crimes were summed; this law will refer to them separately.

According to this draft law, persons who are exempted from criminal responsibilities will not be exempted from additional responsibilities, such as fines, certain restrictions and etc..

Those released from prison on the basis of this law will not be immune from further punishment. The amnesty does not apply to fines.

According to this draft law, law-enforcement bodies should cease investigating misdemeanor crimes which were committed before November 6, 2012,including crimes committed due to negligence,  and the courts will not consider these cases.

The target date for the draft to become law is November 23, with a validity period of two months. The Legal Affairs and Human Rights and Civil Integration Committee considered the first reading of the draft on November 16.

Transparency International Georgia takes into consideration society’s special interest and actively pays attention to scrutiny of this draft law. Our organization is ready to receive citizens’ opinions and questions about the changes included in this draft law. Send us your questions and opinions at the following e-mail: parliament@transparency.ge

Author: Kakha Uriadmkopeli