# Diversion in Georgia — no prosecution if conditions are met With diversion, the prosecutor does not start or ends criminal prosecution if the person meets one or more conditions set by law. This is possible in cases of less grave or grave crimes. We help you assess whether diversion is possible in your case. - [If detained — WhatsApp 24/7](https://wa.me/995551004300) - Confidential - Georgian · English · Russian - Consultation from 300 GEL - Courts of all instances 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 - Handing over the instrument of the crime or an object withdrawn from civil circulation to the state.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). ## Our services - Assessing whether diversion is possible in your case - Analysing the conditions offered — the amount, the hours of work, the deadlines - Raising diversion with the prosecutor - After the pre-trial hearing — a motion to return the case to the prosecutor - Monitoring that the conditions are met ## Questions & answers ### For which crimes is diversion possible? For less grave or grave crimes, except those excluded by Article 168¹, part 2 (Article 168¹). ### How much do I have to pay? If payment to the budget is the condition chosen, the minimum is 500 GEL (Article 168¹, part 1, sub-paragraph "d"). Other conditions are also possible — for example, compensating the damage or community service. ### Do I have to agree? No. Meeting the conditions is voluntary and you keep all the rights of an accused person (Article 168², part 2). If you do not meet the conditions, the prosecutor may start or resume prosecution (Article 168¹, part 3). ### Is diversion possible if I am in pre-trial detention? No. Diversion does not apply to an accused person held in pre-trial detention as a preventive measure (Article 168², part 5). ### The case is already in court — is it too late? As a rule, diversion is used before the pre-trial hearing, but it is also possible afterwards if the parties ask the court to return the case to the prosecutor (Article 168², part 4). ## Legal basis - [Criminal Procedure Code of Georgia](https://matsne.gov.ge/ka/document/view/90034) - [Criminal Code of Georgia](https://matsne.gov.ge/ka/document/view/16426) - [Juvenile Justice Code of Georgia](https://matsne.gov.ge/ka/document/view/2877281) Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge. Important: the information on this page is general and is not legal advice. It reflects the law in force on the date of publication. The law may change, and every case is assessed individually. Do not make decisions based solely on this information — it is best to consult a lawyer first. MMLAW is not liable for decisions made using this information or for their consequences. ## Related topics - [#Criminal law](https://mmlaw.ge/en/criminal-defense-lawyer/) - [#Your rights](https://mmlaw.ge/en/blog/what-to-do-if-detained/) - [#Court cases](https://mmlaw.ge/en/civil-litigation-lawyer/) - - [Criminal defence lawyer](https://mmlaw.ge/en/criminal-defense-lawyer/) - - [Bail or pre-trial detention in Georgia: how courts decide](https://mmlaw.ge/en/blog/bail-and-pretrial-detention-georgia/) - - [Victims of financial crime](https://mmlaw.ge/en/financial-crime-victims/) - - [Jury trial lawyer](https://mmlaw.ge/en/jury-trial-lawyer-georgia/) - - [Summoned as a witness in Georgia?](https://mmlaw.ge/en/witness-rights-georgia/) - - [Lawyer for crime victims](https://mmlaw.ge/en/crime-victim-lawyer-georgia/) - - [Appealing a criminal judgment](https://mmlaw.ge/en/criminal-appeal-georgia/) - - [Review of a criminal judgment on newly discovered circumstances](https://mmlaw.ge/en/newly-discovered-circumstances/) Practice areas ## Other practice areas - [Criminal defense](https://mmlaw.ge/en/criminal-defense-lawyer/) — Defense at every stage — from investigation and arrest to trial and appeal. - [Drug offences](https://mmlaw.ge/en/drug-crime-lawyer/) — Defence in cases of buying, possessing, selling and importing drugs — and against fines and administrative detention. - [Cybercrime](https://mmlaw.ge/en/cybercrime-lawyer/) — Defense in cybercrime cases and help for victims of online fraud, hacked accounts and blackmail. - [Property crimes](https://mmlaw.ge/en/property-crime-lawyer/) — Defence in theft, robbery, fraud, extortion, embezzlement and misappropriation cases. - [Economic crimes](https://mmlaw.ge/en/economic-crime-lawyer/) — Defence against tax evasion, money laundering, customs and other economic charges. - [Corruption and official crimes](https://mmlaw.ge/en/corruption-crime-lawyer/) — Defence in bribery, trading in influence and abuse of official power cases. - [Violent crimes](https://mmlaw.ge/en/violent-crime-lawyer/) — Defence in assault, bodily injury, threats and homicide cases — including self-defence. - [Juvenile justice](https://mmlaw.ge/en/juvenile-justice-lawyer/) — Specialised representation of minors, focused on their rights and future. - [Civil litigation](https://mmlaw.ge/en/civil-litigation-lawyer/) — Contract, property and damages disputes — negotiated or argued in court. - [Administrative law](https://mmlaw.ge/en/administrative-law-lawyer/) — Challenging decisions of public bodies, fines, permits and licences. - [Customs](https://mmlaw.ge/en/customs-lawyer-georgia/) — Clearing parcels and cars, appealing customs fines, disputes over customs value and importing commercial goods. - [Labor disputes](https://mmlaw.ge/en/employment-lawyer/) — Unlawful dismissal, unpaid wages and employment contracts — for employees and employers. - [Corporate law](https://mmlaw.ge/en/corporate-lawyer/) — Company formation, contracts, compliance and shareholder matters. - [Real estate](https://mmlaw.ge/en/real-estate-lawyer/) — Due diligence, purchase agreements, registration and property disputes. - [Family law](https://mmlaw.ge/en/family-lawyer/) — Divorce, custody, alimony and division of property — handled with discretion. - [Inheritance](https://mmlaw.ge/en/inheritance-lawyer/) — Accepting an inheritance, the certificate of inheritance, wills and disputes between heirs. - [Intellectual property](https://mmlaw.ge/en/intellectual-property-lawyer/) — Trademarks, copyright and protection of your creative and business assets. --- Source: https://mmlaw.ge/en/diversion-georgia/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge