Murder in Georgia — Articles 108, 109: penalties
Intentional murder is the most serious charge: under Article 108 — 10 to 15 years; with aggravating circumstances (Article 109) — 16 to 20 years or life imprisonment. Much depends on how the act is classified: intentional or negligent, self-defence or a state of sudden, strong emotional disturbance. That is why the defence has to start from the first interview.
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Possible penalties
| When | Penalty |
|---|---|
| 108 — intentional murder | Imprisonment from 10 to 15 years |
| 109 — intentional murder with aggravating circumstances: for example, as a group, of a family member, a pregnant woman or a minor, of two or more people, for gain or to order, with particular cruelty | Imprisonment from 16 to 20 years or life imprisonment |
| 111 — murder in a state of sudden, strong emotional disturbance caused by the victim's violence, grave insult or other grossly immoral conduct | House arrest from 6 months to 1 year or 1 to 3 years in prison; of two or more people — house arrest from 1 to 2 years or 2 to 5 years in prison |
| 113 — murder exceeding the limits of self-defence | Corrective labour up to 2 years, house arrest from 6 months to 2 years or 1 to 3 years in prison |
| 116 — causing death by negligence | House arrest from 6 months to 2 years or 2 to 4 years in prison; of two or more people — 3 to 5 years |
| Attempted murder | Charged under the same article as the completed murder; life imprisonment cannot be imposed for an attempt |
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
- Self-defence — acting to protect yourself or someone else is not a crime (Article 28)
- Intent or negligence — this decides the article and the penalty
- Strong emotional disturbance caused by the victim's conduct (Article 111)
- Forensic medical examination — the cause of death and its link to the act
- Whether the arrest, search and questioning were lawful
- Jury selection and presenting the case to a jury
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
What is the penalty for intentional murder?
Under Article 108 — 10 to 15 years. With aggravating circumstances (Article 109) — 16 to 20 years or life imprisonment.
I was defending myself — is it still murder?
If it was self-defence, it is not a crime. If the defence was clearly out of proportion to the attack, it is murder exceeding the limits of self-defence (Article 113) — up to 3 years. This is proven with evidence, so you need a lawyer from day one.
Are murder cases heard by a jury?
Yes — completed murder (Articles 108 and 109) is heard by a jury unless the accused asks for the case to be heard by a judge. Our lawyer, Mariam Madzgharashvili, is a member of the Georgian Bar Association's Jury Trial Committee.
How is murder different from causing death by negligence?
Murder is intentional. If the person did not want the death and did not foresee it, although they should have, it is causing death by negligence (Article 116) — up to 4 years.
Legal basis
Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.
Related practice area: Violent crimes
Crimes and penalties
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.Domestic violence
Article 126¹Violence, systematic insults, blackmail or humiliation of a family member. Up to 3 years and a restraining order.Need legal advice? Talk to an attorney today.
The first consultation is free and confidential.