Embezzlement in Georgia — Article 182: penalties
Misappropriation or embezzlement under Article 182 is when a person unlawfully keeps or spends someone else's property or property right that was lawfully entrusted to them — for example, at work, under a contract or for safekeeping.
- Confidential
- Georgian · English · Russian
- Free first consultation
- Courts of all instances
What is the penalty
| When | Penalty |
|---|---|
| Basic offence | A fine, house arrest from 6 months to 2 years, or imprisonment from 3 to 5 years |
| By a group by prior agreement; repeatedly; causing significant damage (over GEL 150); by abusing one's position | A fine or imprisonment from 4 to 7 years, with a ban on holding office or the activity for up to 3 years |
| By an organised group; on a large scale (over GEL 10,000); by a person convicted twice or more | Imprisonment from 7 to 11 years, with a ban on holding office or the activity for up to 3 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 property was really entrusted and on what terms
- Whether it is a crime or a civil dispute — for example, about settling accounts
- Accounting records and the audit or expert report
- The exact amount of the damage and its compensation
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 you are a victim
- Call 112 or go to the police or the prosecutor's office
- Keep the evidence: photos, video, messages, receipts, witnesses' contacts
- Ask for victim status — it gives you rights in the case, for example to be informed about its progress
- You can claim compensation for the damage — a lawyer will help
Questions & answers
How is embezzlement different from theft?
In embezzlement the property was lawfully entrusted to the person — at work or under a contract. In theft it was secretly taken from someone else's possession.
Is a shortfall at work always a crime?
No. Sometimes it is an accounting error or a civil dispute. What matters is whether there was intent to misappropriate.
Does paying back the damage end the case?
Not automatically, but it can significantly affect the outcome. Decide when and how with your lawyer.
Legal basis
Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.
Related practice area: Economic crimes
Crimes and penalties
Theft
Article 177Secretly taking someone else's property. Penalties range from a fine to 10 years, depending on the damage and circumstances.Robbery (open theft)
Article 178Openly taking someone else's property. Penalties range from a fine to 11 years, depending on the damage, violence and other factors.Violent robbery
Article 179An attack to take property, with violence dangerous to life or health or the threat of it. Penalty: 5 to 15 years.Extortion
Article 181Demanding money or property under threat of violence, damage or spreading compromising information. Up to 9 years.Damage to property
Article 187Damaging or destroying someone else's property causing significant damage. Penalties from a fine to 12 years.Bodily harm
Article 117, 118, 120Intentional minor, less serious and serious bodily harm — penalties from a fine to 14 years.Hooliganism
Article 239A gross breach of public order with violence or the threat of violence. Penalties from a fine to 7 years.Need legal advice? Talk to an attorney today.
The first consultation is free and confidential.