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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:

(d) due to racial, religious, national or ethnic intolerance;

(…)

shall be punished by imprisonment for a term of 13 to 17 years.

 

Article 117 - Intentional infliction of grave injury

1. Intentional serious damage 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 bodily 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 three to six years.

(…)

5. The same action perpetrated:

(…)

d) …due to racial, religious, national or ethnic intolerance;

(…)

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

 

Article 118. Less grave injury to health

(…)

3. Intentional less grave bodily injury under the aggravating circumstances provided for by paragraphs 3,5 or 7 of Article 117 of this Code, or which has been caused by a person who has previously committed an intentional grave bodily injury or the act provided for by Articles 108 or 109 of this Code, -

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

 

Article 126. Violence

1. Regular beating or other violence that has caused the victim physical or mental pains, but did not entail the consequence provided for by Articles 117 or 118 of this Code, -

shall be punished by restriction of liberty for up to two years or with imprisonment for a term of one to three years.

2. The same action perpetrated:

(…)

(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 deprivation of the right to hold an office or carry out a particular activity for up to three years.

 

Article 156. Persecution

1. Persecution of a person because of speech, thought, consciousness, faith or belief or in

connection with political, public, professional, religious or scientific activities,

shall be punished with fine or restriction of liberty for the term not exceeding 2 years or

deprivation of liberty for the same term.

2. The same criminal act, committed:

a) by violence or threat of violence,

b) by use of official authority,

c) causing substantial harm,

shall be punished with fine or restriction of liberty for the term not exceeding 3 years or

deprivation of liberty for the term not exceeding 3 years, with or without deprivation of

right to hold office or pursue activity for the term not exceeding 3 year.

 

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 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 grave bodily injury, 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 with deprivation of the right to carry out a particular activity and with a fine.

 

Article 258.- Disrespect towards graves

1. Desecration of the deceased or grave, as well as destruction of or damage to grave statues or

other constructions,-

shall be punished with fine or community service for the term from 120 to 180 hours or

correctional labor for the term not exceeding 1 year or incarceration for the term not exceeding 2

months or deprivation of liberty for the term not exceeding 1 year.

2. Taking possession over the object existing on grave or within grave unlawfully,

shall be punished with fine or deprivation of liberty for the term not exceeding 2 years.

3. The same criminal act committed:

a) by a group,

b) on the grounds of racial, religious, national or ethnic intolerance,

c) through violence or threat of violence,

shall be punished with restriction of liberty for the term not exceeding 3 years or incarceration

for the term from 3 to 6 months or deprivation of liberty for the term not exceeding 3 years