Hooliganism in Georgia — Article 239: penalties
Hooliganism under Article 239 is an act that grossly breaches public order, shows open disrespect for society and is committed with violence or the threat of violence. A similar act without violence is usually petty hooliganism — an administrative offence.
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What is the penalty
| When | Penalty |
|---|---|
| Basic offence | A fine, 120–180 hours of community service, corrective labour for up to 1 year, house arrest from 6 months to 2 years, or imprisonment for up to 1 year |
| By a group by prior agreement; against a public official or a person stopping the hooliganism; by a person convicted of hooliganism | A fine, 180–200 hours of community service, corrective labour for 1 to 2 years, or imprisonment from 2 to 5 years |
| Using a firearm or another object as a weapon | Imprisonment from 4 to 7 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 there was violence or a threat — without it this is usually an administrative matter
- Whether it showed disrespect for society, or was a personal conflict
- Video and witnesses
- The object used — whether it counts as a weapon
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 hooliganism different from petty hooliganism?
Under Article 239 hooliganism is committed with violence or the threat of it. Disturbing public order without violence — for example, swearing in a public place — is usually petty hooliganism, punished as an administrative offence.
Is a street fight hooliganism?
It can be. If the fight comes from a personal conflict, it may be treated as bodily harm; if it grossly breaches public order, as hooliganism. The classification matters a lot for the defence.
What is the penalty for hooliganism?
For the basic offence — from a fine up to 1 year in prison; using a weapon or an object as a weapon — 4 to 7 years.
Legal basis
Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.
Related practice area: Violent 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.Embezzlement
Article 182Unlawfully keeping or spending property or money you were entrusted with — often at work. Up to 11 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.Need legal advice? Talk to an attorney today.
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