Article 40 – Types of sentences

1. Types of sentences are as follows:

a) a fine;
b) deprivation of the right to hold an office or carry out activities;
c) community service;
d) corrective labour;
e) service restrictions for military personnel;
f) (deleted – 1.6.2017, No 944);
f1) house arrest;
g) fixed term imprisonment;
h) life imprisonment;
i) confiscation of property;
j) restriction of the rights regarding weapons;
k) deprivation of a military rank.

Article 53 – Principles of sentencing

1. The court shall impose a fair sentence on an of fender within the scope provided for by the relevant article of the Special Part of this Code and taking into consideration the provisions of the general part of this Code. A stricter sentence may be imposed only when less severe sentence fails to achieve the goal of the sentence.

2. A sentence more severe than the one provided for by the relevant article of the Special Part of this Code may be imposed in the case of cumulative crimes and cumulative sentences, according to Articles 59 and 60 of this Code. The grounds for imposing a sentence that is less severe than the one provided for by the relevant article of the Special Part are defined under Article 55 of this Code.

3. When imposing a sentence, the court shall take into consideration circumstances that mitigate or aggravate the liability of the of fender , in particular , the motive and goal of the crime, the unlawful intent demonstrated in the act, the character and degree of the breach of obligations, the modus operandi and unlawful consequence of the act, prior history of the of fender , personal and financial circumstances, and conduct of the of fender after the of fence, in particular , the of fender ’ s desire to indemnify the damage and reconcile with the victim.

31. (Deleted – 4.5.2017, No 763).

4. If mitigating or aggravating circumstances are considered as a component of corpus delicti under an article or part of an article of the Special Part of this Code, the same circumstances shall not be taken into account when imposing a sentence.

Article 107^3 – Types of sentences

1. Types of punishment for legal persons shall be as follows:

a) liquidation;
b) deprivation of the right to carry out activities;
c) fine;
d) confiscation of property .

2. Liquidation and deprivation of the right to carry out activities may be imposed only as a basic punishment.

3. A fine may be imposed both as a basic and a supplementary punishment.

4. The Confiscation of property may be imposed only as a supplementary punishment.

Article 264 – Sentencing hearing
1. If a case is heard by a jury, during the sentencing hearing, the parties shall, based on the sum of evidence examined during the case hearing, as well as on other presented evidence, taking into account mitigating and aggravating circumstances, present their opinions as to the type and measure of punishment. If neither of the parties objects, the sentencing hearing shall be held with the participation of the jury. Upon motion of a party and by decision of the presiding judge, the evidence that was recognised as inadmissible during the hearing on the merits may be admitted at the sentencing hearing.
2. If, during the sentence hearing, the jury, by a majority of votes, agrees on a recommendation to mitigate the sentence, the presiding judge may not impose on the accused more than two thirds of the sentence prescribed for that crime under the Criminal Code of Georgia. If the minimum limit of the sentence prescribed under the Criminal Code of Georgia exceeds two thirds of the maximum limit, the minimum sentence shall be imposed on the convicted person.
3. If, during the sentencing hearing, the jury, by a majority of votes, agrees on a recommendation to aggravate the sentence, the presiding judge may not impose on the accused less than two thirds of the maximum limit of the sentence prescribed under the Criminal Code of Georgia for that crime.
4. If the jury is unable to agree on a recommendation to mitigate or aggravate the sentence, the sentence shall be imposed by the presiding judge.
5. A party may express its opinion with respect to the opinion presented on the sentence by the opposing party.
6. The presiding judge shall impose a sentence on the accused taking into account the recommendation agreed to by the jurors on the mitigation or aggravation of the sentence.