---
title: O.C.G.A. § 16-2-21. Prosecution of parties who did not directly commit the crime.
collection: code
id: 16-2-21
cite_as: O.C.G.A. § 16-2-21 (2025)
canonical_url: https://georgiacommons.org/code/16-2-21
md_url: https://georgiacommons.org/code/16-2-21.md
text_url: https://georgiacommons.org/code/16-2-21/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t16-ch1-6-(v14)-2019-pdf.pdf?sfvrsn=af47a366_0#page=223
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/16-2.md
previous: https://georgiacommons.org/code/16-2-20.md
next: https://georgiacommons.org/code/16-2-22.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMES AND OFFENSES / CRIMINAL LIABILITY / PARTIES TO CRIMES
---

# O.C.G.A. § 16-2-21. Prosecution of parties who did not directly commit the crime.

Any party to a crime who did not directly commit the crime may be indicted, tried, convicted, and punished for commission of the crime upon proof that the crime was committed and that he was a party thereto, although the person claimed to have directly committed the crime has not been prosecuted or convicted, has been convicted of a different crime or degree of crime, or is not amenable to justice or has been acquitted.

## History

Code 1933, § 26-802, enacted by Ga. L. 1968, p. 1249, § 1.

## Law Reviews

For note discussing organized crime in Georgia with respect to the application of state gambling laws, and suggesting proposals for combatting organized crime, see 7 Ga. St. B. J. 124 (1970).