Participation of an adult in a crime committed by a minor, with prior knowledge, will be considered an aggravating circumstance for all relevant offenses under the Criminal Code.

An aggravating circumstance occurs when an adult knowingly participates in the commission of a crime together with a minor, as an accomplice or co-perpetrator.

The relevant legislative amendments have already been submitted to Parliament and are being reviewed on an accelerated schedule.

According to the draft prepared by “Georgian Dream” deputies, if this aggravating circumstance is present, when imposing a term of imprisonment, the sentence for the committed offense must exceed the minimum term prescribed by the Criminal Code for that offense by at least one year.

If the minor is under 14 years old, the sentence must not be less than two-thirds of the maximum term prescribed by the Criminal Code for that offense and, at the same time, must exceed the minimum term for the same offense by at least one year.

Under the same draft, this sentencing rule does not apply if a procedural agreement is reached between the parties or if there is a basis for imposing a suspended sentence.

The initiators explained that in practice, there have been cases where children are deliberately involved in criminal or other illegal activities, mainly to evade responsibility. They also noted that the liberal and humane juvenile justice system carries the risk that criminals may exploit inexperienced and vulnerable children to achieve various unlawful goals.

The legislative package regarding minors in conflict with the law is currently under review in Parliament and is expected to be approved in the third reading later this week.