Prohibited gifts to officials in Georgia — Article 340
An official, or a person treated as one, accepting a gift prohibited by law commits a crime (Article 340) — even where there are no signs of a bribe. What counts as a prohibited gift is set by the public service legislation.
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Possible penalties
| When | Penalty |
|---|---|
| Basic offence | A fine, 100–300 hours of community service, a ban on holding office for up to 3 years, house arrest or up to 2 years in prison |
| Repeatedly | A fine, 200–400 hours of community service, a ban on holding office for up to 3 years, or 2 to 4 years in prison |
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 gift was really prohibited by law
- Whether the person is an official or treated as one
- Whether this is a disciplinary rather than a criminal matter
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
Questions & answers
Is any gift to an official a crime?
No. The crime is accepting a gift prohibited by law. What is prohibited is set by the public service legislation.
How is it different from a bribe?
A bribe is taken in exchange for an official act. A prohibited gift doesn't need that link.
What is the penalty?
From a fine up to 2 years in prison; repeatedly — up to 4 years.
Legal basis
Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.
Related practice area: Corruption and official crimes
Crimes and penalties
Bribe-taking
Article 338An official taking or demanding money or another benefit for an official act. Penalty: 6 to 15 years.Bribe-giving
Article 339Offering or giving money or a benefit to an official. From a fine to 8 years; a voluntary report releases from liability.Trading in influence
Article 339¹Selling or buying 'connections' — promising, for money, to influence an official's decision. Up to 7 years.Official forgery
Article 341An official making a false entry in an official document or issuing a false document. From a fine to 4 years.Need legal advice? Talk to an attorney today.
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