Trading in influence in Georgia — Article 339¹
Trading in influence is when someone claims they can unlawfully influence an official's decision and demands or takes money or another benefit for it — or when someone offers such a person a benefit (Article 339¹). It is a crime even if no influence was exerted and nothing came of it.
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Possible penalties
| When | Penalty |
|---|---|
| Part 1 — offering, promising or giving a benefit to a person claiming influence | A fine, corrective labour up to 2 years, house arrest from 6 months to 2 years, or up to 2 years in prison |
| Part 2 — demanding or taking a benefit in exchange for 'influence' | Imprisonment from 3 to 5 years |
| Part 3 — Part 2 committed by an organised group | 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
- A voluntary report — releases from liability under Part 1
- Whether it was really about unlawful influence rather than a lawful service
- Lawfulness and context of covert recordings
- Who took the initiative
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 someone asks you for a bribe
- Don't pay, and keep the evidence — messages, recordings, witnesses
- Report it to the prosecutor's office or the police
- A bribe-giver is released from liability if they voluntarily report it to the investigating authority
- Talk to a lawyer before you act
Questions & answers
What is trading in influence, simply?
Buying and selling 'connections': one person says they have sway over an official and takes money for it, the other pays.
If no influence happened, is it still a crime?
Yes. By law it doesn't matter whether influence was exerted or the desired result was achieved.
Can someone be released from liability?
The person who offered or gave the benefit (Part 1) is released if they voluntarily reported it to the investigating authority.
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.Accepting a prohibited gift
Article 340An official accepting a gift the law prohibits. From a fine to 4 years in prison.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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