Bribe-taking in Georgia — Article 338: penalties
Bribe-taking is an official, or a person treated as one, receiving or demanding money, property, a financial benefit or another undue advantage — or accepting a promise of it — to act or not act for someone in the exercise of their duties (Article 338). It is one of the most severely punished corruption crimes.
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Possible penalties
| When | Penalty |
|---|---|
| Basic offence | Imprisonment from 6 to 9 years |
| By a holder of a political state office; on a large scale (over GEL 10,000); as a group | Imprisonment from 7 to 11 years |
| By a person convicted of bribery; repeatedly; by extortion; by an organised group; on an especially large scale (over GEL 30,000) | Imprisonment from 11 to 15 years |
Penalties follow the current text of the Criminal Code of Georgia. In a specific case the outcome depends on the circumstances, compensation of damage, a plea agreement and other factors.
What matters for the defence
- Whether the person is an official or treated as one
- Whether the benefit was linked to an official act
- Lawfulness of covert recordings and sting operations
- Whether there was entrapment
- Correct valuation of the bribe
If you are accused or arrested
- Use your right to remain silent and ask for a lawyer — from the first contact with the investigating authority
- Don't sign any document you don't understand
- You must be charged within 48 hours of arrest, and within the next 24 hours a court decides on a preventive measure
- Decide on compensating the damage or settling with the victim together with your lawyer
If someone asks you for a bribe
- Don't pay, and keep the evidence — messages, recordings, witnesses
- Report it to the prosecutor's office or the police
- A bribe-giver is released from liability if they voluntarily report it to the investigating authority
- Talk to a lawyer before you act
Questions & answers
What is the penalty for bribe-taking?
For the basic offence — 6 to 9 years in prison. On a large scale or by a political office holder — 7 to 11 years; by extortion or on an especially large scale — up to 15 years.
Is just demanding a bribe a crime?
Yes. The law punishes taking, demanding and accepting a promise of a bribe.
What counts as a large bribe?
Over GEL 10,000; an especially large bribe is over GEL 30,000.
Legal basis
Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.
Related practice area: Corruption and official crimes
Crimes and penalties
Bribe-giving
Article 339Offering or giving money or a benefit to an official. From a fine to 8 years; a voluntary report releases from liability.Trading in influence
Article 339¹Selling or buying 'connections' — promising, for money, to influence an official's decision. Up to 7 years.Accepting a prohibited gift
Article 340An official accepting a gift the law prohibits. From a fine to 4 years in prison.Official forgery
Article 341An official making a false entry in an official document or issuing a false document. From a fine to 4 years.Need legal advice? Talk to an attorney today.
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