Traffic accident in Georgia — Article 276: penalties
A driver who breaks road safety rules and thereby causes less serious or serious injury or death faces criminal liability under Article 276. Driving under the influence of drugs is a crime as well. Alcohol or drugs make the penalty much harsher.
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Possible penalties
| When | Penalty |
|---|---|
| Part 1 — driving under the influence of narcotic or psychotropic substances | A fine, house arrest from 6 months to 2 years, community service or up to 3 years in prison |
| Part 2 — breaking the rules, causing less serious injury | A fine, house arrest or up to 3 years in prison |
| Part 3 — the same, under the influence of alcohol or drugs | Imprisonment from 2 to 5 years |
| Part 4 — serious injury | A fine or imprisonment from 3 to 5 years |
| Part 5 — the same, under the influence of alcohol or drugs | Imprisonment from 4 to 6 years |
| Part 6 — a person's death | Imprisonment from 4 to 7 years |
| Part 7 — the same, under the influence of alcohol or drugs | Imprisonment from 6 to 9 years |
| Part 8 — the death of two or more people | Imprisonment from 6 to 10 years |
| Part 9 — the same, under the influence of alcohol or drugs | Imprisonment from 8 to 12 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
- The accident reconstruction report — who broke the rules and whether the accident could have been avoided
- The severity of injuries — the forensic medical report
- Lawfulness and results of the alcohol or drug test
- Video, witnesses and the accident diagram
- Compensation and settlement with the victim
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
I injured someone in an accident — will I go to prison?
Not necessarily. For less serious injury a fine or house arrest is possible. Much depends on the expert reports and whether alcohol or drugs were involved.
A drunk driver caused an accident — how harsh is the penalty?
Alcohol or drugs make it harsher in every case: serious injury — 4 to 6 years, a death — 6 to 9 years, two or more deaths — 8 to 12 years.
Will I lose my driving licence?
If committed under the influence of alcohol, the court can additionally ban the activity — including driving — for up to 3 years.
Legal basis
Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.
Related practice area: Criminal defense
Criminal law
Crimes and penalties
Theft
Article 177Secretly taking someone else's property. Penalties range from a fine to 10 years, depending on the damage and circumstances.Robbery (open theft)
Article 178Openly taking someone else's property. Penalties range from a fine to 11 years, depending on the damage, violence and other factors.Violent robbery
Article 179An attack to take property, with violence dangerous to life or health or the threat of it. Penalty: 5 to 15 years.Extortion
Article 181Demanding money or property under threat of violence, damage or spreading compromising information. Up to 9 years.Embezzlement
Article 182Unlawfully keeping or spending property or money you were entrusted with — often at work. Up to 11 years.Damage to property
Article 187Damaging or destroying someone else's property causing significant damage. Penalties from a fine to 12 years.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.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.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.Disobeying the police
Article 173Disobeying a lawful police demand or insulting an officer: a fine up to GEL 5,000 or up to 60 days of administrative detention.Petty hooliganism
Article 166Swearing and insulting people in public: a fine up to GEL 3,000 or up to 20 days of administrative detention.Unauthorised access to a computer system
Article 284Unlawfully getting into someone else's account, email, phone or computer. From a fine to 6 years.Computer crime for financial gain
Article 286¹Phishing, taking money with someone else's card or online banking, interfering with systems for money. Up to 11 years.Violation of private life
Article 157, 157¹Unlawfully obtaining and spreading private information, photos or personal data. Up to 10 years.Initial consultation is free
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