According to the Prosecutor’s Office of Georgia, the Law of Amnesty has been enacted on the facts of appropriation of agricultural land belonging to the state.
“We remind you that based on the legislative initiative of the Government of Georgia and the Prosecutor’s Office, the Parliament of Georgia adopted the law on amnesty.
Initiating the law on amnesty was aimed at releasing from criminal liability those thousands of citizens who misappropriated the land plots belonging to the state through the criminal means. By applying the amnesty law, a person will not be considered convicted.
According to the law, the amnesty applies to agricultural land owned by the state, the ownership of which has been obtained through the criminal means. If the land plot was owned by private persons and it was acquired by another person in a criminal way, such facts are not covered by the mentioned law.
The Amnesty Law exempts from criminal prosecution and punishment, including non-enforceable fines and suspended sentences, a person who, before September 1, 2023, through the commission of the crime provided for in the article 180 - fraud and/or Article 362 – making, selling or using a fake document, seal, stamp or letterhead, of the Criminal Code of Georgia, obtained the right of ownership to the agricultural land plot owned by the state, and if the said person compensates the damage caused to the state. In addition, amnesty applies equally to both the direct perpetrator and the accomplice.
It should be noted that if a person wants to be granted the benefit determined by the law on amnesty, he must compensate the damage before September 1, 2024. Compensation of damages implies the return of the criminally obtained agricultural land plot to the state free from any legal obligations, and if this is not possible - the payment of the value of the land plot to the state budget.
In case of preparation or attempt of the aforementioned crime, amnesty will be extended to the person if he admits to the committed crime.
The amnesty will not apply to civil servants who have committed crimes using their official status. The amnesty will also not apply to cases of crimes committed by an organized group.
In order to compensate for the damage, in case of returning the land plot to the state, the person should apply to the National Agency of Public Registry with a relevant application, and the amount should be deposited into the treasury account.
Based on the person’s application, the decision made by the National Agency of Public Registry on the return of the ownership right to the state or the document confirming the deposit of the appropriate amount to the state treasury account must be submitted:
to the relevant prosecutor - if the case is at the stage of investigation, or if the proceedings against the wanted person have been completed;
to the relevant court - if the case is being heard in court;
to the district court issuing the original judgment - if the proceedings in the case have been completed.
Any person has the right to refuse to have the amnesty law applied to him and to have his criminal case heard by a fair trial.
The law enforcement process will continue until January 1, 2025.
In case of additional questions about the amnesty law, the Tbilisi and regional offices of the Prosecutor’s Office of Georgia are ready to receive citizens. Also, prosecutors will hold informational meetings throughout Georgia and provide citizens with comprehensive information about the amnesty law”, - reads the statement of the agency.