# 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. - Confidential - Georgian · English · Russian - Free first consultation - Courts of all instances ## Possible penalties WhenPenaltyBasic offenceImprisonment from 6 to 9 yearsBy a holder of a political state office; on a large scale (over GEL 10,000); as a groupImprisonment from 7 to 11 yearsBy 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 - [Criminal Code of Georgia](https://matsne.gov.ge/ka/document/view/16426) - [Criminal Procedure Code of Georgia](https://matsne.gov.ge/ka/document/view/90034) Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge. Related practice area: [Corruption and official crimes](https://mmlaw.ge/en/corruption-crime-lawyer/) ## Related topics - [#Criminal law](https://mmlaw.ge/en/criminal-defense-lawyer/) - [#Public authorities](https://mmlaw.ge/en/administrative-law-lawyer/) - - [Drunk driving in Georgia: fines, licence, prison](https://mmlaw.ge/en/blog/drunk-driving-in-georgia/) - - [Corruption crime lawyer](https://mmlaw.ge/en/corruption-crime-lawyer/) - - [Abuse of office and exceeding authority](https://mmlaw.ge/en/abuse-of-office-lawyer/) - - [Bribe-giving — Article 339](https://mmlaw.ge/en/crimes/bribe-giving-article-339/) - - [Trading in influence — Article 339¹](https://mmlaw.ge/en/crimes/trading-in-influence-article-339-1/) - - [Accepting a prohibited gift — Article 340](https://mmlaw.ge/en/crimes/prohibited-gift-article-340/) - - [Official forgery — Article 341](https://mmlaw.ge/en/crimes/official-forgery-article-341/) - - [Criminal defence lawyer](https://mmlaw.ge/en/criminal-defense-lawyer/) Criminal law ## Crimes and penalties - [Bribe-giving](https://mmlaw.ge/en/crimes/bribe-giving-article-339/) — Article 339 Offering or giving money or a benefit to an official. From a fine to 8 years; a voluntary report releases from liability. - [Trading in influence](https://mmlaw.ge/en/crimes/trading-in-influence-article-339-1/) — Article 339¹ Selling or buying 'connections' — promising, for money, to influence an official's decision. Up to 7 years. - [Accepting a prohibited gift](https://mmlaw.ge/en/crimes/prohibited-gift-article-340/) — Article 340 An official accepting a gift the law prohibits. From a fine to 4 years in prison. - [Official forgery](https://mmlaw.ge/en/crimes/official-forgery-article-341/) — Article 341 An official making a false entry in an official document or issuing a false document. From a fine to 4 years. --- Source: https://mmlaw.ge/en/crimes/bribe-taking-article-338/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge