# 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

WhenPenaltyBasic offenceA 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 yearBy a group by prior agreement; against a public official or a person stopping the hooliganism; by a person convicted of hooliganismA fine, 180–200 hours of community service, corrective labour for 1 to 2 years, or imprisonment from 2 to 5 yearsUsing a firearm or another object as a weaponImprisonment 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

- [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: [Violent crimes](https://mmlaw.ge/en/violent-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/)

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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.

- [Embezzlement](https://mmlaw.ge/en/crimes/embezzlement-article-182/) — Article 182 Unlawfully keeping or spending property or money you were entrusted with — often at work. Up to 11 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.

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Source: https://mmlaw.ge/en/crimes/hooliganism-article-239/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge
