Criminal Code (1999, amended 2012) (excerpts)

Criminal Code of Georgia (1999, amended 2003) (excerpts)
- sexual orientation added by amendment of March 2012


Article 53. General Principles for Sentencing
3. When awarding a sentence, the court shall take into consideration the extenuating and aggravating circumstances of the crime, in particular, the motive and purpose of the crime, illegal will demonstrated in the action, character and extent of breach of obligations, manner of implementing the action, method employed and illegal consequence, past life of the criminal, his/her personal and economic conditions, behaviour after the action, especially willingness to effect restitution, reconcile with the victim.

31. Commitment of crime based on the race, color, language, sex, sexual orientation, gender identity, age, religion, political or other opinion, disability, citizenship, nationality, ethnic or social belonging, origin, material or social status, place of residence or with other intolerance motives including the other signs of discrimination, are aggravating circumstances of the liability for all the crimes under this Code.


Article 109. Premeditated Murder under Aggravating Circumstance
(…)
2. Premeditated murder:
(a) due to racial, religious, national or ethnic intolerance;
(…)
shall be punishable by imprisonment for the term extending from ten to fifteen years.

Article 117. Intentional Severe Damage to Health
1. Intentional damage to health, i.e. bodily injury which is dangerous for health or has given
rise to the loss of eye-sight, hearing, speech or any organ or its function, psychic illness, miscarriage, irreparable face injury or such ill-health which is dangerous for life and is related to a major, no less than one third loss of general working ability or to a complete loss of professional working ability committed knowingly, shall be punishable by imprisonment extending from one to eighth years in length.
(…)
5. The same action perpetrated:
(…)
d) …due to racial, religious, national or ethnic intolerance;
(…)
shall be punishable by imprisonment ranging from seven to nine years in length.

Article 126. Torture
1. Regular beating or other violence that has resulted in the physical and psychical suffering of the victim but has not produced the consequence set out in Articles 117 or 118, shall be punishable by restriction of freedom for the term not exceeding two years or by prison sentences not in excess of three years in length.
2. The same action perpetrated:
(…)
(g) due to racial, religious, national or ethnic intolerance,
shall be punishable by imprisonment from four to six years with the deprivation of recruitment or deprivation the right to work up to three years or without it.

Article 258. Disrespect to Deceased
1. Defilement of a corpse or burial place, as well as pull-down or damaging of a burial monument or any other above-ground structure, - shall be punishable by fine or by socially useful labour from one hundred and twenty to one hundred and eighty hours in length or by corrective labour for up to one year in length or by jail time up to two months or by imprisonment for the term not in excess of one year.
3. The same action perpetrated:
(…)
(b) due to racial, religious, national or ethnic intolerance
(…)
shall be punishable by up to three years restriction of freedom or imprisonment.