I85PREP
⌘ K
Georgian Bar Qualification Exam study materials
Georgian Bar Qualification Exam study resources

Georgian Bar Qualification Exam practice questions

One question at a time. Build your Georgian Bar Qualification Exam understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Civil Law and Civil Procedure

Under the Civil Code of Georgia, from what moment does a contract concluded between absent parties generally become binding?

  1. From the moment the offeror dispatches the offer
  2. From the moment the offeree signs the draft contract
  3. From the moment a notary certifies the agreement
  4. From the moment the offeror receives notification of the offeree's acceptance Correct answer.

Explanation

Georgian contract law follows the receipt principle: acceptance becomes effective when the declaration reaches the offeror, and the contract is formed at that moment. Signature alone, dispatch of the offer, or notarisation are not the general formation rule.

Question 2Civil Law and Civil Procedure

A seller and buyer agree on the goods and the price but leave the delivery date open, intending to settle it later. What is the status of such an agreement under Georgian civil law?

  1. The contract is void because an essential term is missing
  2. The contract is voidable at the buyer's discretion
  3. The contract is valid, and the delivery date is determined by the nature of the obligation and statutory default rules Correct answer.
  4. The contract exists only as a preliminary agreement requiring a second contract

Explanation

Essential terms for a sale are the object and the price; ancillary terms such as the delivery date can be filled in by statutory default provisions or the nature of the obligation. A missing ancillary term does not destroy the validity of the contract.

Question 3Civil Law and Civil Procedure

Which ground constitutes a defect of consent rendering a transaction voidable under the Civil Code of Georgia?

  1. Fraudulent misrepresentation by one party that induced the other to conclude the transaction Correct answer.
  2. Conclusion of the transaction without witnesses
  3. Absence of a notarial form where the law does not require it
  4. Failure to register a movable asset in a public register

Explanation

Defects of consent include error, fraud, duress and threat; a transaction procured by intentional deception is voidable at the victim's request. Missing registration, witnesses, or unnecessary notarial form are form issues, not consent defects.

Question 4Civil Law and Civil Procedure

A person concludes a transaction under a threat of criminal prosecution made by the other party. What is the correct legal characterisation?

  1. The transaction is void because threats always nullify transactions automatically
  2. The transaction is voidable because the consent was obtained by threat Correct answer.
  3. The transaction is unenforceable until a court confirms the threat
  4. The transaction is valid because the victim still signed voluntarily

Explanation

A threat that unlawfully coerces the will makes the transaction voidable, and the coerced party may challenge it. Voidness applies where the law expressly so provides; here the remedy is rescission at the victim's initiative.

Question 5Civil Law and Civil Procedure

What is the general prescription period for ordinary civil claims under the Civil Code of Georgia?

  1. Three years Correct answer.
  2. Ten years
  3. One year
  4. Thirty years

Explanation

The general limitation period for civil claims in Georgia is three years from the moment the claim arose and the creditor knew or should have known of the infringement. Shorter and longer periods apply only to specific claims.

Question 6Civil Law and Civil Procedure

A creditor learns of the infringement of its right and of the debtor's identity on 1 March 2022. The debtor pays part of the debt on 1 June 2023. What is the effect of that partial payment on the limitation period?

  1. The partial payment extends the period by three additional years
  2. The partial payment has no effect because limitation runs objectively
  3. The limitation period is interrupted and starts running anew from the date of the partial payment Correct answer.
  4. The limitation period is suspended for one year after the partial payment

Explanation

An acknowledgment of the debt by the debtor, including partial performance, interrupts limitation, and the period begins afresh from that act. Suspension and mere extension are different mechanisms and do not describe acknowledgment.

Question 7Civil Law and Civil Procedure

Which statement correctly describes the effect of a limitation period being invoked by the debtor in a civil dispute?

  1. The limitation period converts the claim into a secured claim
  2. The court dismisses the claim, but the underlying right survives as a natural obligation Correct answer.
  3. The court must raise the limitation period on its own motion in every case
  4. The court dismisses the claim, and the underlying right is extinguished

Explanation

Limitation is a defence that the debtor must raise; when upheld, the claim is denied but the substantive right is not extinguished, so voluntary performance remains valid. The court does not apply limitation ex officio.

Question 8Civil Law and Civil Procedure

Under Georgian property law, how is ownership of a newly constructed building acquired by the person who built it on land owned by another?

  1. The builder acquires ownership only if the landowner consented and the building is treated as a separate immovable Correct answer.
  2. The builder always acquires ownership regardless of the landowner's position
  3. Ownership is acquired only after thirty years of possession
  4. Ownership passes to the landowner automatically and the builder has no claim

Explanation

Construction on another's land requires the landowner's consent for the builder to acquire the structure; otherwise the landowner may claim it and the builder may have an unjust enrichment or compensation claim. Automatic acquisition by the builder or landowner misstates the rule.

Question 9Civil Law and Civil Procedure

What is the standard period of acquisitive prescription for immovable property under the Civil Code of Georgia?

  1. Five years of possession
  2. Fifteen years of good-faith possession Correct answer.
  3. Ten years of possession
  4. Twenty years of possession regardless of good faith

Explanation

Acquisitive prescription for immovables under Georgian law generally requires fifteen years of possession, with good faith presumed in favour of the possessor. Shorter periods apply to movables, and longer periods are not the statutory rule for immovables.

Question 10Civil Law and Civil Procedure

Two co-owners hold an apartment in equal shares. One wishes to sell her share to a third party. What right does the other co-owner have under Georgian law?

  1. A pre-emptive right to acquire the share on the same terms as the third-party offer Correct answer.
  2. No right, because shares are freely transferable in all circumstances
  3. A right to demand that the court transfer the share without payment
  4. A veto right that permanently blocks any sale of a share

Explanation

Co-owners enjoy a statutory pre-emption right over a share offered for sale, exercised on the same terms as the third-party offer. It is not a veto and does not allow uncompensated transfer.

Question 11Civil Law and Civil Procedure

A possessor acquires a movable thing in good faith from a non-owner. Under Georgian civil law, what is the position of the original owner?

  1. Ownership never passes from a non-owner under any circumstances
  2. The original owner may always reclaim the thing from the good-faith acquirer
  3. The acquirer obtains only a pledge over the thing
  4. The good-faith acquirer obtains ownership, and the original owner may claim damages from the unauthorised transferor Correct answer.

Explanation

Georgian law protects good-faith acquisition of movables from a non-owner, so ownership passes to the acquirer and the original owner is left with a personal claim against the transferor. The vindication claim against the good-faith acquirer is thereby excluded.

Question 12Civil Law and Civil Procedure

Which form is generally required for a transaction transferring ownership of immovable property under Georgian law?

  1. Oral agreement confirmed by witnesses
  2. Electronic form without registration
  3. Notarial certification with subsequent state registration of the right Correct answer.
  4. Simple written form only

Explanation

Transactions creating or transferring rights in immovables require notarial form and registration in the public register for the right to be opposable. Simple written or oral form is insufficient for immovable transfers.

Question 13Civil Law and Civil Procedure

A lease of immovable property is concluded for five years. What is the consequence of failing to register the lease in the public register?

  1. The lease becomes a lease at will terminable at any moment
  2. The lease is binding between the parties but cannot be opposed to a subsequent good-faith acquirer of the property Correct answer.
  3. The lease is converted into a gratuitous loan
  4. The lease is void from the outset

Explanation

Registration affects opposability to third parties rather than validity between the contracting parties. An unregistered lease therefore binds the lessor and lessee but may yield to a later registered acquirer.

Question 14Civil Law and Civil Procedure

Under the Civil Code of Georgia, what is the default rule on liability of a debtor for non-performance when the debtor is not at fault?

  1. The debtor is strictly liable regardless of fault in all obligations
  2. The debtor is liable only if the creditor proves intent
  3. The debtor is never liable for monetary obligations
  4. The debtor is released from liability if it proves absence of fault Correct answer.

Explanation

Georgian obligation law is fault-based by default: the debtor is liable unless it proves that the non-performance occurred without its fault. Strict liability applies only where the law or the contract so provides.

Question 15Civil Law and Civil Procedure

A debtor delays performance of a monetary obligation. What is the creditor entitled to claim by way of default interest under Georgian civil law?

  1. Nothing until the creditor proves actual loss
  2. Statutory default interest on the outstanding sum from the date of delay Correct answer.
  3. Only the principal sum, because interest requires a separate agreement
  4. A penalty equal to the entire contract value

Explanation

Delay in monetary performance triggers statutory default interest automatically, independent of proof of concrete loss. The rate is fixed by law, and contractual penalty clauses are a separate matter.

Question 16Civil Law and Civil Procedure

A contract contains a penalty clause of 10,000 GEL for delay. The creditor suffers proven loss of 3,000 GEL. What can the debtor generally request from the court?

  1. Conversion of the penalty into default interest at the statutory rate
  2. Complete annulment of the penalty clause as contrary to public order
  3. Reduction of the penalty to the amount of the actual loss, since the penalty is disproportionately high Correct answer.
  4. Payment of the penalty and of the loss cumulatively without any limitation

Explanation

Georgian law allows the court to reduce an excessive penalty to a reasonable amount, including where it grossly exceeds the creditor's interest. The penalty is not automatically void, and it is not cumulated with full damages for the same breach.

Question 17Civil Law and Civil Procedure

Which remedy is available to a party when the other party's breach of a bilateral contract is so serious that the purpose of the contract is defeated?

  1. Only a claim for default interest
  2. Termination of the contract with a claim for damages Correct answer.
  3. Only a claim for a price reduction
  4. Only a claim for specific performance

Explanation

A material breach entitling the innocent party to treat the purpose of the contract as defeated permits termination together with a damages claim. Specific performance, price reduction and default interest are alternative or cumulative remedies but do not exhaust the response to a fundamental breach.

Question 18Civil Law and Civil Procedure

A party terminates a contract for breach. What is the general rule on restitution of performances already rendered?

  1. The innocent party keeps both its own performance and what it received
  2. Each party must return what it received, and further damages may be claimed Correct answer.
  3. The breaching party forfeits everything it paid
  4. Restitution is excluded once the contract has been performed in part

Explanation

Termination unwinds the contract through mutual restitution of performances received, and the innocent party may additionally claim damages for the breach. Forfeiture of all payments or double retention has no basis in the general rule.

Question 19Civil Law and Civil Procedure

What is the general limitation period for claims arising from a contract of carriage of goods under Georgian civil law?

  1. Ten years
  2. Five years
  3. One year Correct answer.
  4. Three years

Explanation

Claims arising from carriage are subject to a shortened one-year limitation period, reflecting the need for rapid settlement in transport relationships. The general three-year period does not apply to these claims.

Question 20Civil Law and Civil Procedure

Which body has jurisdiction at first instance over a civil claim for a sum below the threshold set for the regional courts in Georgia?

  1. The Magistrates' Court Correct answer.
  2. The Constitutional Court of Georgia
  3. The Court of Appeal
  4. The Supreme Court of Georgia

Explanation

Georgian civil procedure allocates low-value claims to the Magistrates' Court as the court of first instance. The Court of Appeal and Supreme Court are appellate bodies, and the Constitutional Court has a distinct constitutional jurisdiction.

Question 21Civil Law and Civil Procedure

A defendant wishes to challenge the subject-matter jurisdiction of the court after the case has been accepted. What is the correct procedural step under Georgian civil procedure?

  1. File an appeal against the judgment after it is rendered
  2. Raise a motion on jurisdiction before the court proceeds to examine the merits Correct answer.
  3. Request the prosecutor to transfer the case
  4. Ignore the issue and raise it only at cassation

Explanation

Jurisdictional objections must be raised promptly before the merits are examined, allowing the court to refer the case if appropriate. Deferring the objection to appeal or cassation generally precludes reliance on it.

Question 22Civil Law and Civil Procedure

What is the standard of proof applied by Georgian civil courts when assessing the facts of a case?

  1. The court decides on the mere balance of probabilities without any inner conviction
  2. The court must be convinced of the facts to a reasonable degree of certainty Correct answer.
  3. The court must be convinced beyond any reasonable doubt
  4. The court relies solely on documentary evidence

Explanation

Civil procedure requires the court's inner conviction that the facts are established to a reasonable degree of certainty, a lower threshold than the criminal standard. The beyond-reasonable-doubt standard belongs to criminal proceedings.

Question 23Civil Law and Civil Procedure

Which principle governs the burden of proof in a Georgian civil case?

  1. The plaintiff bears the burden for all facts, including the defendant's defences
  2. The court must investigate all facts independently of the parties
  3. Each party must prove the facts on which it relies Correct answer.
  4. The defendant must disprove every allegation

Explanation

The adversarial principle allocates the burden of proof: each party proves the facts supporting its own claims or defences. The court may assist but does not replace the parties in establishing their cases.

Question 24Civil Law and Civil Procedure

A party discovers a decisive document after the first-instance judgment but before the appeal period expires. What is the appropriate procedural response?

  1. Request revision of the judgment on newly discovered evidence while the appeal route is still open
  2. File a separate new claim based on the same subject matter
  3. File a cassation complaint directly to the Supreme Court
  4. File an appeal and submit the document within the appeal proceedings Correct answer.

Explanation

While the ordinary appeal route remains available, the party should appeal and present the new evidence at second instance, where the case is reviewed on fact and law. Revision for newly discovered evidence is a residual remedy after the ordinary routes are exhausted.

Question 25Civil Law and Civil Procedure

What is the time limit for filing a cassation complaint to the Supreme Court of Georgia against a Court of Appeal decision?

  1. Ten days from the date of the hearing
  2. Six months from the date of the appeal
  3. Three months from the date of the first-instance judgment
  4. One month from the date the reasoned decision is served Correct answer.

Explanation

A cassation complaint must be lodged with the Supreme Court within one month of service of the reasoned appellate decision. Shorter or longer periods stated in the alternatives do not correspond to the statutory rule.

Question 26Civil Law and Civil Procedure

Under the Civil Code of Georgia, what is the general limitation period for civil claims unless a special period is prescribed?

  1. Six months
  2. One year
  3. Ten years
  4. Three years Correct answer.

Explanation

The Civil Code of Georgia sets a general limitation period of three years for civil claims where no special rule provides otherwise. Special periods, such as shorter periods for certain claims, apply only where the Code expressly so provides. The general period therefore governs routine contractual and delictual claims.

Question 27Civil Law and Civil Procedure

A creditor wants to secure a monetary claim against the debtor's immovable property by registering a mortgage. What is the general rule on the creation of a contractual mortgage over immovable property in Georgia?

  1. It arises automatically once the loan agreement is signed by the parties
  2. It is valid only if approved by a notary and never registered
  3. It requires registration in the public registry to take effect against third parties Correct answer.
  4. It requires the debtor to physically hand over the property to the creditor

Explanation

A contractual mortgage over immovable property must be entered in the public registry to be effective against third parties. Registration gives the mortgage publicity and priority, which is essential for a security right. Without registration the creditor cannot rely on the mortgage against subsequent acquirers or other creditors.

Question 28Civil Law and Civil Procedure

A party to a civil case believes the first-instance court wrongly assessed the evidence and misapplied a substantive norm. Which route is generally available to obtain review of the merits?

  1. An appeal to the appellate court within the statutory time limit Correct answer.
  2. A complaint to the Constitutional Court of Georgia
  3. A cassation complaint directly to the Supreme Court
  4. A request to the same judge to reopen the case

Explanation

Review of the merits of a first-instance judgment is generally obtained through an appeal to the appellate court. Cassation before the Supreme Court concerns questions of law and is not a general second review of the facts. The appellate stage is therefore the ordinary route for challenging the assessment of evidence and application of substantive law.

Question 29Civil Law and Civil Procedure

Which characteristic distinguishes a real right (such as ownership) from an obligation right in Georgian civil law?

  1. It can exist only over movable things
  2. It can only be created by a court decision
  3. It operates against the whole world, whereas an obligation right binds only the parties to it Correct answer.
  4. It always expires after one year

Explanation

Real rights are absolute rights that the holder may assert against everyone, while obligation rights are relative and bind only the creditor and debtor. This distinction underlies the rules on protection of ownership and on registration of rights in immovables. It also explains why real rights over immovables require publicity through the registry.

Question 30Civil Law and Civil Procedure

A seller and buyer agree on a price, but the written contract states no date for delivery and the parties had no prior dealings. How should the time of performance be determined?

  1. The contract is void for uncertainty of time
  2. Performance is due only after a court sets a date
  3. The buyer must wait one year before demanding delivery
  4. The debtor must perform immediately, and the creditor may demand performance at any time Correct answer.

Explanation

Where the time of performance is neither agreed nor ascertainable from the circumstances, the debtor must perform immediately and the creditor may demand performance at once. The absence of a delivery date does not invalidate the contract because the obligation is still determinable. This default rule protects the creditor's interest in timely performance.

Question 31Civil Law and Civil Procedure

A debtor owes 5,000 GEL and also 2,000 GEL under a separate loan. The debtor makes a payment of 2,000 GEL without specifying which debt it covers. Which debt is discharged first under the default rules on imputation of performance?

  1. Neither debt, because the payment is ineffective without designation
  2. The debt that is due first, and among due debts the one least secured Correct answer.
  3. The larger debt, because it is the more burdensome
  4. The debt chosen by the creditor at any later time regardless of the debtor's interest

Explanation

When the debtor does not designate the debt, performance is imputed first to the debt that is already due, and among several due debts to the one that is less secured or more burdensome for the debtor. The rule protects the debtor's interest in being released from the more precarious obligation. A payment is not ineffective merely because the debtor failed to designate the debt.

Question 32Civil Law and Civil Procedure

A buyer discovers a defect in goods two months after delivery and notifies the seller at once. The applicable contractual warranty period is one year. What is the position on the buyer's claim for cure of the defect?

  1. The claim is timely only if the buyer first sues in court within one month
  2. The claim is barred because the buyer accepted the goods without inspection
  3. The claim is timely because it was raised within the warranty period and promptly after discovery Correct answer.
  4. The claim is barred because defects must always be reported within seven days

Explanation

Where goods are subject to a warranty period, the buyer must notify the seller of the defect within that period, and prompt notification after discovery preserves the claim. The buyer is not required to bring a court action within an additional short period to keep the claim alive. Acceptance of the goods does not by itself extinguish remedies for latent defects.

Question 33Civil Law and Civil Procedure

A principal grants an agent authority to sell an apartment but the agent, acting within that authority, sells it on credit terms far below market price. What is the principal's position regarding the agent's duty?

  1. The agent is protected because the act fell within the scope of authority
  2. The sale is automatically void because the price was low
  3. The agent breached the duty of loyalty and care and must compensate the principal for the loss Correct answer.
  4. The principal has no remedy unless the buyer was a relative of the agent

Explanation

Authority defines what the agent may do externally, but it does not release the agent from the fiduciary duties of loyalty and care owed to the principal. An agent who exercises authority in a manner that harms the principal's interests must compensate the resulting loss. The external validity of the transaction with the buyer is a separate question from the internal liability of the agent.

Question 34Civil Law and Civil Procedure

A husband and wife acquired an apartment during marriage but registered it in the husband's name alone. The wife wants to protect her interest. What is the general rule on marital property in Georgia?

  1. Property acquired during marriage is presumed to be common property unless it falls within an exception Correct answer.
  2. Property is owned solely by the spouse in whose name it is registered
  3. Common property arises only after ten years of marriage
  4. Only property registered jointly belongs to both spouses

Explanation

Georgian family law presumes that property acquired by spouses during marriage is their common joint property unless it results from a statutory exception such as a gift or inheritance. Registration in one spouse's name does not by itself rebut this presumption. The non-registered spouse may therefore assert a common property interest.

Question 35Civil Law and Civil Procedure

An heir dies after the succession has opened but before accepting the inheritance. What happens to that heir's right to accept?

  1. The right is extinguished and the estate passes to the state
  2. The right passes to the heir's own heirs, who may accept or renounce it Correct answer.
  3. The right is suspended until a court appoints an administrator
  4. The right passes to the other heirs of the first estate automatically

Explanation

The right to accept or renounce an inheritance is transmissible, so where an heir dies before exercising it, the right passes to that heir's own successors. They may then accept the inheritance in place of the deceased heir, subject to the applicable time limits. The right is not automatically lost or transferred to co-heirs.

Question 36Civil Law and Civil Procedure

A plaintiff files a claim that is identical in parties, subject matter, and grounds to a claim already pending before another Georgian court. What is the correct procedural response of the court?

  1. It must join the two cases and decide them in one judgment
  2. It must dismiss the claim on the merits
  3. It must transfer the case to the court first seized and continue hearing both
  4. It must terminate the proceedings because of the pending identical case Correct answer.

Explanation

The pendency of an identical claim before another court is a procedural bar that prevents a second set of proceedings on the same matter. The court must terminate the proceedings rather than examine the merits again. This rule avoids conflicting judgments and duplicative litigation.

Question 37Civil Law and Civil Procedure

A court is asked to decide a claim based on a written contract whose authenticity is disputed. Which procedural principle governs how the court evaluates the conflicting evidence?

  1. The court must refer every authenticity dispute to an expert and be bound by the opinion
  2. The court must prefer documentary evidence over witness testimony in every case
  3. The court assesses all evidence freely according to its inner conviction and the totality of the case file Correct answer.
  4. The court must accept the document as authentic unless a criminal conviction proves forgery

Explanation

Georgian civil procedure follows the principle of free evaluation of evidence, under which the court weighs all admitted evidence according to its inner conviction and the case materials. No rigid hierarchy ranks documents above testimony. Expert opinions assist the court but do not bind it.

Question 38Civil Law and Civil Procedure

A defendant in a civil case fails to appear at a scheduled hearing despite proper service of process. What is the general consequence under Georgian civil procedure?

  1. The court must adjourn the hearing indefinitely until the defendant appears
  2. The court may hear the case in the defendant's absence if the defendant was duly notified Correct answer.
  3. The court must automatically enter judgment for the plaintiff without any examination
  4. The claim must be dismissed for impossibility of proceeding

Explanation

Where a party has been duly notified and fails to appear without a justified reason, the court may proceed with the hearing in that party's absence. This prevents delay caused by unjustified non-appearance. The court still examines the merits rather than automatically ruling for the plaintiff.

Question 39Civil Law and Civil Procedure

A creditor holds a claim secured by a suretyship. The principal debtor and the creditor amend the underlying contract to increase the debtor's obligations without the surety's consent. What is the general effect on the surety?

  1. The surety's liability doubles because of the amendment
  2. The surety is released to the extent the amendment increases the surety's burden Correct answer.
  3. The surety remains fully liable for the increased obligation
  4. The suretyship becomes void entirely in all circumstances

Explanation

A surety undertakes liability for the obligation as it stood when the suretyship was created. If the creditor and debtor later increase that obligation without the surety's consent, the surety is not bound beyond the original scope and is released to the extent of the increase. The surety remains liable for the original secured obligation.

Question 40Civil Law and Civil Procedure

A landowner discovers that a neighbor has been using a path across the land for years. The landowner sues to stop the use, and the neighbor claims a prescriptive right of way. Which factor is decisive for the neighbor's claim?

  1. Whether the use was open, peaceful, and continuous for the statutory prescription period Correct answer.
  2. Whether the path is the shortest route to the neighbor's property
  3. Whether the neighbor paid any fee for using the path
  4. Whether the landowner knew the neighbor personally

Explanation

Acquisition of a prescriptive servitude requires open, peaceful, and continuous use of the path for the statutory period as if it were a right. Personal acquaintance between the parties or the convenience of the route does not create a servitude. Payment of a fee is neither required nor sufficient.

Question 41Criminal Law and Criminal Procedure

Under the Criminal Code of Georgia, which age threshold generally marks the onset of criminal responsibility for a person who commits an intentional crime?

  1. 14 years at the time of the act Correct answer.
  2. The age of majority under civil law applies to all offences
  3. 16 years at the time of the act
  4. 18 years at the time of the act

Explanation

Georgian criminal law sets the general age of criminal responsibility at 14, with a narrower list of offences for which responsibility begins later. The relevant age is assessed as of the moment the act was committed, not the moment of trial.

Question 42Criminal Law and Criminal Procedure

A person plans a theft, approaches the target building, but turns back before entering because a police patrol appears. Under Georgian criminal law this conduct is best characterised as:

  1. Completed theft
  2. Voluntary abandonment with no criminal liability for the planned theft
  3. Preparation for a crime, which is generally not punishable unless the law provides otherwise Correct answer.
  4. Complicity in another person's theft

Explanation

Mere preparation - creating conditions for a crime without beginning the actus reus - is generally not criminalised under Georgian law, subject to specific statutory exceptions. Because the person never began the taking, the conduct does not reach the attempt stage.

Question 43Criminal Law and Criminal Procedure

Which statement correctly describes the Georgian rule on attempt?

  1. Attempt merges into the completed offence and carries the same penalty
  2. Attempt is punishable for any crime, and the court must reduce the penalty within statutory limits Correct answer.
  3. Attempt is never punishable unless the victim is harmed
  4. Attempt is punishable only for grave and especially grave crimes

Explanation

Georgian law recognises attempt as a punishable stage of crime for any offence, but requires the court to mitigate the sentence relative to the completed crime. The statutory limits for attempt are lower than those for the completed offence.

Question 44Criminal Law and Criminal Procedure

Two persons agree to commit a robbery and divide roles: one threatens the victim while the other takes the property. In Georgian criminal-law doctrine they are:

  1. An organiser and an accomplice respectively
  2. A principal and an accessory after the fact
  3. Co-perpetrators (socriminals) of the same crime Correct answer.
  4. Independent offenders committing separate crimes

Explanation

Where each participant directly performs part of the objective elements of the offence, they are co-perpetrators. Dividing roles within the same actus reus does not transform one of them into a mere accomplice.

Question 45Criminal Law and Criminal Procedure

An organiser of a criminal group who plans the crime but is absent when it is carried out is liable under Georgian law:

  1. Liable only if the perpetrators are convicted first
  2. Not liable, because he did not perform the actus reus
  3. Liable only for a lesser included offence
  4. Liable as an organiser alongside the perpetrators Correct answer.

Explanation

Georgian law treats organisers as participants whose liability is independent of physical execution. The organiser's contribution - directing and coordinating - suffices for liability for the same crime.

Question 46Criminal Law and Criminal Procedure

Necessary defence (self-defence) under Georgian law excludes criminal liability when the defender:

  1. Repels an ongoing unlawful attack using force not exceeding the limits of necessity Correct answer.
  2. Attacks a person who merely insulted him verbally
  3. Uses force clearly disproportionate to the danger, after the attack has ended
  4. Uses force in response to a lawful arrest

Explanation

Necessary defence requires an ongoing unlawful attack and force proportionate to its character and danger. When both conditions are met, the act lacks unlawfulness and liability is excluded.

Question 47Criminal Law and Criminal Procedure

A firefighter breaks a neighbour's door to reach a trapped child during a fire. In Georgian criminal-law terms this is:

  1. Intentional damage to property with mitigating circumstances only
  2. Excess of authority by an official
  3. Extreme necessity (emergency), excluding unlawfulness Correct answer.
  4. Necessary defence

Explanation

Extreme necessity applies where a legally protected interest is saved by causing lesser harm to another interest that cannot otherwise be preserved. The harm caused must be less than the harm averted.

Question 48Criminal Law and Criminal Procedure

Which of the following best describes the subjective element required for a person to be liable for an intentional crime under Georgian law?

  1. The person must have foreseen and desired or consciously accepted the consequences Correct answer.
  2. The person's good faith is presumed and excludes intent
  3. The person's motive alone determines liability
  4. The person must have been negligent as to all elements

Explanation

Intent in Georgian criminal law combines awareness of the socially dangerous character of the act with foresight of consequences and either desire or conscious acceptance of them. Negligence is a separate form of guilt.

Question 49Criminal Law and Criminal Procedure

A driver exceeds the speed limit and, foreseeing that an accident could occur but hoping it will not, kills a pedestrian. This form of guilt is:

  1. Criminal negligence (carelessness) Correct answer.
  2. Innocence, because the result was unintended
  3. Indirect intent
  4. Direct intent

Explanation

Where the person foresees the possibility of consequences but hopes to avoid them, Georgian law treats this as carelessness (negligence), not intent. Intent requires desire or conscious acceptance of the result.

Question 50Criminal Law and Criminal Procedure

Under Georgian law, an unfinished crime is distinguished from a completed crime primarily by reference to:

  1. Whether the actus reus containing all statutory elements has been fully performed Correct answer.
  2. Whether the offender had a prior conviction
  3. Whether the victim reported the crime
  4. Whether the offender felt remorse afterwards

Explanation

Completion is determined objectively: the crime is complete when the conduct includes every element of the statutory offence. Subjective factors such as remorse or reporting do not change completion.