Diversion in Georgia — no prosecution if conditions are met

The decision on diversion is the prosecutor's — the law allows them not to start or to end prosecution (Criminal Procedure Code, Article 168¹, part 1). In deciding, the prosecutor follows the Code and the guiding principles of criminal justice policy (Article 168², part 6).

Diversion of minors is governed by the Juvenile Justice Code.

Diversion conditions

The person meets one or more of the following conditions (Article 168¹, part 1):

• Handing over unlawfully obtained property to the state or paying its value.
• Handing over the instrument of the crime or an object withdrawn from civil circulation to the state.
• Full or partial compensation of the damage caused.
• Paying a sum to the state budget — at least 500 GEL.
• Unpaid community service of 40 to 400 hours.
• In a family crime — completing a mandatory course aimed at changing violent attitudes and behaviour.

When it does not apply

• To crimes under Articles 143¹–143³ (trafficking in persons and in minors, using the services of a trafficking victim) and Articles 144–144³ (hostage-taking, torture, threat of torture, degrading or inhuman treatment) of the Criminal Code (Article 168¹, part 2).
• To crimes defined by the guiding principles of criminal justice policy (Article 168¹, part 2).
• To an accused person held in pre-trial detention as a preventive measure (Article 168², part 5).

How it works

• The diversion offer is made in writing — it sets out the conditions and the time, place and manner of meeting them (Article 168², part 1).
• The person is told in writing that meeting the conditions is voluntary and that they keep all the rights of an accused person (Article 168², part 2).
• Before deciding, the prosecutor consults the victim, if there is one (Article 168², part 3).
• As a rule, diversion is used before the pre-trial hearing. After it — if the parties ask the court to return the case to the prosecutor for diversion (Article 168², part 4).
• If the person does not meet the conditions, the prosecutor may start or resume prosecution (Article 168¹, part 3).