Criminal Code of Georgia (1999, as amended 2022) (excerpts related to Hate Crimes) (English)

Article 53¹ – Aggravating factors for punishment

1. Commission of crime on the basis of race, skin, colour, language, sex, sexual orientation, gender, gender identity, age, religion, political or other views, disability, citizenship, national, ethnic or social affiliation, origin, property or birth status, place of residence or other signs of discrimination with the reason of intolerance shall be an aggravating factor for liability for all respective crimes.
2. Commission of crime by one family member against another family member, against a helpless person, a minor or in his/her presence, with the extreme cruelty, with the use of a weapon or under the threat of using a weapon, by abusing the official position shall be an aggravating factor for liability for all respective crimes.
3. When imposing a fixed term imprisonment for a crime committed with an aggravating factor under paragraph 1 or 2 of this article, the term of a sentence to be served shall exceed, at least by one year, the minimum term of sentence provided for the committed crime under the respective article or part of an article of this Code.
4. If an article or part of an article of the Special Part of this Code refers to a factor under paragraph 1 or 2 of this article as to an element qualifying the crime, and if there are grounds under Article 55 or 63(1) of this Code, the procedure under paragraph 1 of this article shall not be taken into consideration when imposing a sentence.

Article 109. Premeditated Murder under Aggravating Circumstance

(…)

g) due to racial, religious, national or ethnic intolerance;

h) on the grounds of gender;

(…)

shall be punished by imprisonment for a term of sixteen to twenty years or by life imprisonment, with or without restriction of the rights regarding weapons.

Article 115. Incitement to suicide

1. Incitement to suicide or attempted suicide by threatening or ill-treating the victim or by humiliating his/her honour or dignity, –

shall be punished by imprisonment for a term of two to four years, with or without the restriction of the rights regarding weapons.

2. The same act committed:

a) on the grounds of gender identity;

b) repeatedly, –

shall be punished by imprisonment for a term of three to six years, with or without the restriction of the rights regarding weapons.

Article 117 - Intentional infliction of grave injury

1. Intentional infliction of serious harm to health, i.e. bodily injury that is dangerous for life or which has caused the loss of eyesight, hearing, speech or any organ or its function, mental illness, interruption of pregnancy, permanent disfigurement of the face or other such injury that is dangerous for life and causes permanent loss of general working ability by at least one third, or complete loss of professional working ability knowingly, –

shall be punished by imprisonment for a term of four to seven years, with or without the restriction of the rights regarding weapons.

(…)

1. An act provided for by paragraph 1 of this article, committed:

(…)

i) on the grounds of race, religion, national or ethnic intolerance;

j) on the grounds of gender;

(…)

shall be punished by imprisonment for a term of nine to thirteen years, with or without the restriction of the rights regarding weapons.

2. An act provided for by paragraph 3 of this article, which has caused the loss of life, –

shall be punished by imprisonment for a term of ten to fourteen years, with or without the restriction of the rights regarding weapons.

Article 118 – Intentional infliction of less grave injury

(…)

2. Intentional infliction of less serious harm to health committed under the aggravating circumstances provided for by Article 117(3) of this Code, or by a person who had previously inflicted intentionally a serious health to health or committed an act provided for in Article 108 or 109 of this Code, –

shall be punished by imprisonment for a term of four to six years, with or without the restriction of the rights regarding weapons.

3. An act provided for in paragraph 2 of this article, which has caused the loss of life, –

shall be punished by imprisonment for a term of five to eight years, with or without the restriction of the rights regarding weapons.

Article 126 – Violence

1². Regular beating or another type of violence which caused physical or mental suffering of an affected person but did not entail a consequence provided for by Article 117 or 118 of this Code, –

shall be punished by house arrest for a term of one to two years, or imprisonment for a term of one to three years, with or without the restriction of the rights regarding weapons.

(…)

2. An act provided for in paragraph 1² of this article committed:

(…)

g) due to racial, religious, national or ethnic intolerance;

(…)

shall be punished by imprisonment for a term of four to six years, with or without the deprivation of the right to hold an office or carry out activities for up to three years, with or without the restriction of the rights regarding weapons.

Article 144¹ – Torture

1. Torture, i.e. exposing a person, or a third person to such conditions or treating him/her in a manner that causes severe physical pain or psychological or moral anguish, and which aims to obtain information, evidence or confession, threaten or coerce, or punish the person for the act he/she or a third person has committed or has allegedly committed, –

shall be punished by imprisonment for a term of seven to ten years, with or without restriction of the rights regarding weapons.

2. The same act committed:

(…)

f) by violating the equality of persons, or due to their race, colour, language, sex, religion, belief, political or other views, national, ethnic, social belonging, origin, place of residence, material status or title;

(…)

shall be punished by imprisonment for a term of nine to fifteen years, with deprivation of the right to hold an office or to carry out activities for up to five years, with or without restriction of the rights regarding weapons.

Article 144³ – Humiliation or inhuman treatment

1. Humiliating or coercing a person, placing him/her in an inhuman, degrading and humiliating condition, which inflicts severe physical and psychological suffering on him/her, –

shall be punished by a fine or imprisonment for a term of three to seven years, with or without restriction of the rights regarding weapons.

2. The same act committed:

(…)

f) by violating the equality of persons, or due to their race, colour, language, sex, religion, belief, political or other views, national, ethnic, social belonging, origin, place of residence, material status or title;

Article 155 – Unlawful interference with the performance of a religious rite

1. Unlawful interference with the performance of divine services or other religious rites or customs using violence or threat of violence, or if it was accompanied by an insult to a believer’s religious feelings, –

shall be punished by a fine or corrective labour for a term of up to one year or house arrest for a term of six months to one year, or by imprisonment for a term of up to two years.

2. The same act committed with the abuse of official position, –

shall be punished by a fine or house arrest for a term of one to two years, or imprisonment for a term of one to five years, with or without deprivation of the right to hold an office or to carry out activities for a term of up to three years.

Article 156. Persecution

1. Persecution of persons because of their speech, opinion, conscience, confession, faith or creed, or political, social, professional, religious or scientific activities, –

shall be punished by a fine or house arrest for a term of six months to one year, or by imprisonment for a term of up to two years.

2. The same act:

a) committed with violence or threat of violence;

b) committed with the abuse of the official position;

c) which has resulted in considerable damage, –

shall be punished by a fine or house arrest for a term of one to two years, or by imprisonment for a term of up to three years, with or without deprivation of the right to hold an office or to carry out activities for a term of up to three years.

Article 239¹ – Public incitement to acts of violence

1. Public incitement to acts of violence orally, in writing or using other means of expression in order to cause a discord between certain groups based on their racial, religious, national, provincial, ethnic, social, political, linguistic and/or other characteristics, provided that this poses clear, direct and substantial risk of acts of violence, –

shall be punished by a fine or community service from 200 to 400 hours.

2. The same act causing serious harm to health, death or other grave consequences, –

shall be punished by imprisonment for a term of two to five years.

Note: For the act provided for by this article, a legal person shall be punished by liquidation or by deprivation of the right to carry out activities and a fine.

Article 258 – Disrespect to the deceased

1. Desecration of a corpse or grave, as well as destruction or damage of a burial monument or other above-ground structures, –

shall be punished by a fine or community service for a term of 120 to 180 hours or corrective labour for up to one year, or by house arrest for a term of six months to one year or imprisonment for up to one year.

(…)

3. The same act committed:

(…)

b) due to racial, religious, national or ethnic intolerance;

(…)

shall be punished by imprisonment for up to three years.