Establishing and strengthening criminal liability in cases of domestic violence is extremely important for the prevention of domestic violence.
Domestic violence & Crimes
Domestic violence is defined as a specific crime in the Criminal Code of Georgia, which determines that the violence, regular insult, blackmail, or humiliation by one family member against another family member, which has resulted in physical pain or anguish, shall provide for criminal liability.
According to the Criminal Code of Georgia, the following persons shall be considered family members: a mother, father, grandfather, grandmother, spouse, person in an unregistered marriage, child (stepchild), foster child, foster carer (foster mother , foster father), stepmother, stepfather, grandchild, sister, brother, parent of the spouse, parent of the person in an unregistered marriage, spouse of the child (including the one in an unregistered marriage), former spouse, person who previously was in an unregistered marriage, guardian, custodian, supporter, person under guardianship and custodianship, beneficiary of support, as well as other persons that maintain or maintained a common household.
Criminal liability of the perpetrator
Georgian law provides for criminal liability in the following cases:
- Failure to comply with the requirements and/or obligations under a protective order or a restraining order, and/or entering by the perpetrator, during electronic surveillance, into an alarm zone determined by the procedure for electronic surveillance, and/or failure by the perpetrator to comply with the demand of an authorised person to leave an alarm or a buffer zone, and/or avoiding by the perpetrator of electronic surveillance, that is, an act as a result of which electronic surveillance became impossible.
- Failure to observe a social worker’s decision on the separation of a minor committed by a person on whom an administrative penalty has been imposed for such an act under Article 1752 of the Administrative Offences Code of Georgia.