Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence

Georgia

Georgia - Criminal Code 1999 (2024) EN

Article 369^1 – Forgery of evidence in a criminal case

1. Forgery of evidence in a criminal case relating to a less serious crime, –

shall be punished by imprisonment for a term of two to four years, with deprivation of the right to hold an office or to carry out activities for up to three years.

2. The same act committed by a prosecutor, investigator or defender, –

shall be punished by imprisonment for a term of three to five years, with deprivation of the right to hold an office or to carry out activities for up to four years.

3. Forgery of evidence in a criminal case related to a serious or particularly serious crime, –

shall be punished by imprisonment for a term of four to six years, with deprivation of the right to hold an office or to carry out activities for up to three years.


Article 370 – False information, false testimony, false conclusion, failure to protect the object of the expert examination or incorrect translation

1. Obstruction of justice, which was expressed in the provision of false information or a false testimony by an interviewee, witness or victim, the provision of a false conclusion or a false testimony by an expert, the failure by an expert to protect the object of an expert examination intentionally or by negligence, and/or the intentional incorrect translation by an interpreter during the investigation or in court, –

shall be punished by imprisonment for a term of four years.

2. The same act committed for mercenary purposes or other personal motive, –

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

3. An act under paragraph 1 of this article committed in connection with the criminal case, in which an accused person is charged for a serious or particularly serious crime, –

shall be punished by imprisonment for a term of three to seven years.

4. An act under paragraph 1 or 3 of this article committed repeatedly, –

shall be punished by imprisonment for a term of four to eight years.

Article 372 – Exertion of influence on an interviewee, a witness, victim, expert or interpreter

1. Asking or persuading an interviewee, witness, victim, expert or interpreter to provide, respectively, false information or false testimony, or a false conclusion, or to refuse to provide information or a testimony, and/or to provide incorrect translation, or to change the information or testimony or conclusion he/she has provided, –

shall be punished by a fine or community service for one hundred and eighty to two hundred and forty hours, or by corrective labour for up to two years or imprisonment for a term of one to three years.

2. Subornation or coercion of an interviewee, witness, victim, expert or interpreter to provide, respectively, false information or a false testimony, or a false conclusion, or to intentionally interpret incorrectly, and/or to refuse to provide information or a testimony, or to change the testimony, if it is accompanied by an offer of any kind of material benefit to this person or his/her close relative, or by a threat to kill, exert violence, or to damage, destroy property of this person or his/her close relative and/or by other threats, –

shall be punished by a fine or imprisonment for a term of three to six years.

3. The act provided for by paragraph 2 of this article that has been committed using violence, –

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

4. The same act that is dangerous for life or health, –

shall be punished by imprisonment for a term of six to nine years.

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

Georgia - Criminal Procedure Code 1998 (2024) EN

Article 4 – Inviolability of personal dignity

2. It shall be inadmissible to exert influence upon the free will of a person by using torture, violence, cruel treatment, deception, medical intervention, hypnosis, or any other measures that affect the human memory or thinking. It shall also be inadmissible to use threats or to promise any privileges not provided for by law.

Rome Statute

Article 70 Offences against the administration of justice

1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:

(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;