# 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

WhenPenaltyBasic offenceA 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 prisonRepeatedlyA 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

- [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: [Corruption and official crimes](https://mmlaw.ge/en/corruption-crime-lawyer/)

## Related topics

- [#Criminal law](https://mmlaw.ge/en/criminal-defense-lawyer/)

- [#Public authorities](https://mmlaw.ge/en/administrative-law-lawyer/)

-
- [Drunk driving in Georgia: fines, licence, prison](https://mmlaw.ge/en/blog/drunk-driving-in-georgia/)

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- [Corruption crime lawyer](https://mmlaw.ge/en/corruption-crime-lawyer/)

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- [Abuse of office and exceeding authority](https://mmlaw.ge/en/abuse-of-office-lawyer/)

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- [Bribe-taking — Article 338](https://mmlaw.ge/en/crimes/bribe-taking-article-338/)

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- [Bribe-giving — Article 339](https://mmlaw.ge/en/crimes/bribe-giving-article-339/)

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- [Trading in influence — Article 339¹](https://mmlaw.ge/en/crimes/trading-in-influence-article-339-1/)

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- [Official forgery — Article 341](https://mmlaw.ge/en/crimes/official-forgery-article-341/)

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- [Criminal defence lawyer](https://mmlaw.ge/en/criminal-defense-lawyer/)

Criminal law

## Crimes and penalties

- [Bribe-taking](https://mmlaw.ge/en/crimes/bribe-taking-article-338/) — Article 338 An official taking or demanding money or another benefit for an official act. Penalty: 6 to 15 years.

- [Bribe-giving](https://mmlaw.ge/en/crimes/bribe-giving-article-339/) — Article 339 Offering or giving money or a benefit to an official. From a fine to 8 years; a voluntary report releases from liability.

- [Trading in influence](https://mmlaw.ge/en/crimes/trading-in-influence-article-339-1/) — Article 339¹ Selling or buying 'connections' — promising, for money, to influence an official's decision. Up to 7 years.

- [Official forgery](https://mmlaw.ge/en/crimes/official-forgery-article-341/) — Article 341 An official making a false entry in an official document or issuing a false document. From a fine to 4 years.

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Source: https://mmlaw.ge/en/crimes/prohibited-gift-article-340/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge