# 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. - Confidential - Georgian · English · Russian - Free first consultation - Courts of all instances ## Possible penalties WhenPenaltyPart 1 — offering, promising or giving a benefit to a person claiming influenceA fine, corrective labour up to 2 years, house arrest from 6 months to 2 years, or up to 2 years in prisonPart 2 — demanding or taking a benefit in exchange for 'influence'Imprisonment from 3 to 5 yearsPart 3 — Part 2 committed by an organised groupImprisonment 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 - [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/) - - [Corruption crime lawyer](https://mmlaw.ge/en/corruption-crime-lawyer/) - - [Abuse of office and exceeding authority](https://mmlaw.ge/en/abuse-of-office-lawyer/) - - [Bribe-taking — Article 338](https://mmlaw.ge/en/crimes/bribe-taking-article-338/) - - [Bribe-giving — Article 339](https://mmlaw.ge/en/crimes/bribe-giving-article-339/) - - [Accepting a prohibited gift — Article 340](https://mmlaw.ge/en/crimes/prohibited-gift-article-340/) - - [Official forgery — Article 341](https://mmlaw.ge/en/crimes/official-forgery-article-341/) - - [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. - [Accepting a prohibited gift](https://mmlaw.ge/en/crimes/prohibited-gift-article-340/) — Article 340 An official accepting a gift the law prohibits. From a fine to 4 years in prison. - [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. --- Source: https://mmlaw.ge/en/crimes/trading-in-influence-article-339-1/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge