# 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 WhenPenaltyBasic offenceA fine, house arrest from 6 months to 2 years, or imprisonment from 3 to 5 yearsBy a group by prior agreement; repeatedly; causing significant damage (over GEL 150); by abusing one's positionA fine or imprisonment from 4 to 7 years, with a ban on holding office or the activity for up to 3 yearsBy an organised group; on a large scale (over GEL 10,000); by a person convicted twice or moreImprisonment 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 - [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: [Economic crimes](https://mmlaw.ge/en/economic-crime-lawyer/) ## Related topics - [#Criminal law](https://mmlaw.ge/en/criminal-defense-lawyer/) - [#Your rights](https://mmlaw.ge/en/blog/what-to-do-if-detained/) - [#Property](https://mmlaw.ge/en/real-estate-lawyer/) - - [Property crime lawyer](https://mmlaw.ge/en/property-crime-lawyer/) - - [Theft — Article 177](https://mmlaw.ge/en/crimes/theft-article-177/) - - [Robbery (open theft) — Article 178](https://mmlaw.ge/en/crimes/robbery-article-178/) - - [Violent robbery — Article 179](https://mmlaw.ge/en/crimes/violent-robbery-article-179/) - - [Extortion — Article 181](https://mmlaw.ge/en/crimes/extortion-article-181/) - - [Damage to property — Article 187](https://mmlaw.ge/en/crimes/property-damage-article-187/) - - [Asset freezing and confiscation lawyer](https://mmlaw.ge/en/asset-freezing-and-confiscation/) - - [Criminal defence lawyer](https://mmlaw.ge/en/criminal-defense-lawyer/) Criminal law ## Crimes and penalties - [Theft](https://mmlaw.ge/en/crimes/theft-article-177/) — Article 177 Secretly taking someone else's property. Penalties range from a fine to 10 years, depending on the damage and circumstances. - [Robbery (open theft)](https://mmlaw.ge/en/crimes/robbery-article-178/) — Article 178 Openly taking someone else's property. Penalties range from a fine to 11 years, depending on the damage, violence and other factors. - [Violent robbery](https://mmlaw.ge/en/crimes/violent-robbery-article-179/) — Article 179 An attack to take property, with violence dangerous to life or health or the threat of it. Penalty: 5 to 15 years. - [Extortion](https://mmlaw.ge/en/crimes/extortion-article-181/) — Article 181 Demanding money or property under threat of violence, damage or spreading compromising information. Up to 9 years. - [Damage to property](https://mmlaw.ge/en/crimes/property-damage-article-187/) — Article 187 Damaging or destroying someone else's property causing significant damage. Penalties from a fine to 12 years. - [Bodily harm](https://mmlaw.ge/en/crimes/bodily-harm/) — Article 117, 118, 120 Intentional minor, less serious and serious bodily harm — penalties from a fine to 14 years. - [Hooliganism](https://mmlaw.ge/en/crimes/hooliganism-article-239/) — Article 239 A gross breach of public order with violence or the threat of violence. Penalties from a fine to 7 years. --- Source: https://mmlaw.ge/en/crimes/embezzlement-article-182/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge