The Vake–Saburtalo District Prosecutor’s Office of Tbilisi charged L.N., D.G., N.J. and G.J. with allegations that in April 2019 they committed acts of physical violence against two police officers. According to the prosecution, the alleged actions were directly related to the officers’ performance of their official duties.
The prosecution classified the case under Article 353¹ of the Criminal Code of Georgia, which provides for a penalty of four to seven years of imprisonment, qualifying the charge as a serious criminal offense.
Defense Representation
The defendants were represented by criminal defense attorneys Beka Nemsitsveridze, Vasil Mamulashvili and Avtandil Giorgadze.
From the outset, the defense maintained a clear and consistent legal position. The defendants acknowledged their involvement in a physical altercation but firmly denied that:
- they were aware that the individuals involved were police officers;
- the alleged victims were performing police duties at the time of the incident;
- the conflict was related to the officers’ official activities.
According to the defense, the confrontation arose spontaneously with third parties, and the police officers became involved as private individuals rather than as law enforcement officials.
Prosecution’s Position
Despite these circumstances, the prosecution insisted that the defendants’ actions should be legally classified as an attack on police officers, rather than simple assault, thereby justifying the application of Article 353¹ of the Criminal Code.
Assessment of Evidence and Defense Strategy
During the examination of evidence, particularly through the questioning of prosecution witnesses, the defense successfully demonstrated that the case lacked the essential legal elements required for conviction under Article 353¹, namely:
- there was no proof that the defendants were aware of the victims’ police status;
- the alleged victims were not performing official police duties at the time of the incident;
- the conflict was not connected to the performance of official duties;
- the required motive for the offense was absent.
Court Decision
After a comprehensive review of the case, the court fully accepted the arguments presented by the defense and concluded that:
the defendants’ actions did not constitute a criminal offense under Article 353¹ of the Criminal Code of Georgia.
As a result:
- the defendants were acquitted of the charge of violence against police officers;
- with regard to other minor assault-related episodes, the court imposed monetary fines only, without custodial sentences.
Practical Significance of the Case
This case clearly demonstrates that:
- charges under Article 353¹ require strict proof of all legal elements;
- physical violence alone does not automatically qualify as an attack on a police officer;
- awareness of police status and connection to official duties are decisive factors;
- professional and strategic legal defense plays a critical role in challenging serious criminal charges.
Criminal Defense Consultation in Georgia
If you are facing criminal charges under Article 353¹ of the Criminal Code of Georgia or other serious criminal offenses, timely legal representation is essential.
Contact us for a confidential consultation — every criminal case requires a tailored and professional defense strategy.
