Supreme Court of Georgia

The Supreme Court of Georgia made an important explanation

Published: 12/02/2011

The Chamber of Criminal Cases of the Supreme Court of Georgia made an important explanation and distinguished property damage through deception and fraud. 

According to the facts determined by the Court of Appeal, the convicted persons D.K. and B.B. ordered a taxi by phone-call and went to Tskaltubo region, where at the request of the taxi driver to pay the travel expense – 55 GEL, they denied due to the lack of money and instead, left the plastic visa-card of D.K. with the precise personal data. But in couple days B.B. met the victim and paid half of the travel cost. 

The Court of Cassation interpreted, that the Court of Appeal had correctly determined the factual circumstances of the case, but brought the incorrect legal evaluation by giving the qualification of fraud to the action of convicted persons, committed by a group. In the given case, B.B. and D.K. didn’t master the money of victim or any other items. They didn’t pay to taxi driver the travel cost, what is punishable by the Article 185 of the Criminal Code of Georgia (property damage through deception). In the given situation the owner of the car suffered the property damage through deception (the convicted persons made use of his car and didn’t pay the travel cost), what is confirmed in the following circumstances: when the convicted persons ordered a taxi, they knew that they had no money for travel cost and didn’t warn the taxi driver about that. It is true, that later B.B. had brought some money. Latter can be considered as effective confession of committed crime, what must be taken into consideration while determining the measure of punishment. The same importance should be given to the fact, that D.K. left his credit card to the victim. 

By taking into consideration the indicated circumstances, the Court of Cassation re-qualified the crime committed by the convicted persons (Article 180, part 2 of the Criminal Code of Georgia - fraud committed by a previous conspiracy of a group) with the Article 185, part 2, sub clause “a” of the Criminal Code of Georgia, as property damage through deception by a prior conspiracy of a group