Definition of Illegal Armed Formation Broadens and Criminal Accountability Increases.

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Criminal accountability for leading or participating in the illegal armed formation increases. The amendments are initiated to the Criminal Code of Georgia.

According to the current law, the creation or leading the armed formation (army, union, detachment or another group) is sentenced to six to nine years of imprisonment. According to the new draft law, this number will increase to six to twelve years of imprisonment.

Also, the law envisages restriction of liberty up to five years or imprisonment from three to five years for participation in the illegal armed formation.

According to the draft law, this conduct envisages three to seven years imprisonment.

Up until now, the illegal armed formation implied any group armed with guns. According to the draft law, this definition is broadened. Particularly, the armed formation implies any formation armed with gun, ammunition, explosive material, tear gas, radioactive or poisonous material, cold arms or other equipments that can be used to damage person or other items.

Financing Illegal Formations will also Envisage Criminal Accountability

The criminal accountability will also be envisaged for financing illegal armed formation. According to the draft law, the financing illegal armed formation, collecting financial assets or other property or transferring them with the preliminary realization that it is may be used or is going to be used for the activity of illegal armed formation will be punished from five to eight years imprisonment.

The draft law does not change the current provision according to which the one who stops working for the illegal armed formation and yields the gun and the items enumerated in the abovementioned list will be released of responsibility.

This initiative has not been heard in the Parliament yet. Accordingly, it is unknown how it is related to the late developments.

The authors of the initiative are: Pavle Kublashvili, Giorgi Chiviashvili, Kakha Anjaparidze and Zviad Kukava.