Equity will take no part in the administration of the criminal law. It will neither aid criminal courts in the exercise of their jurisdiction, nor will it restrain or obstruct them.
§ 9-5-2.No interference by equity in administration of criminal laws
Chapter 5. Injunctions · Last amended 1933 · Last verified July 17, 2026
In one sentenceThis section draws a firm line between civil equity and criminal law in Georgia, providing that courts of equity will not aid criminal courts in exercising their jurisdiction and will not restrain or obstruct those courts either, keeping the two systems entirely separate.
Full Text of § 9-5-2
Plain-English Summary
Georgia keeps its civil and criminal courts on separate tracks, and this section is where that separation gets written into the injunction statute. A court of equity has no role to play in how the criminal law gets enforced.
The rule runs in both directions. Equity will not lend a hand to a criminal court trying to exercise its jurisdiction, and it will not step in to block or slow down a criminal proceeding either. A defendant facing prosecution cannot ask a civil court for an injunction to halt the case, and a criminal court cannot borrow equity’s powers to enforce its own orders.
The practical effect is that anyone looking to challenge a criminal prosecution has to work within the criminal justice system itself — through the criminal courts, through appeal, or through habeas corpus — rather than by filing a civil equity action asking a judge to intervene.
Frequently Asked Questions
Can a party ask a civil court to enjoin a criminal prosecution under this section?
No. This section states that equity will neither aid criminal courts nor restrain or obstruct them, which forecloses using a civil injunction to stop a criminal case.
Can equity be used to help a criminal court carry out its own orders?
No. The section bars equity from aiding criminal courts in the exercise of their jurisdiction, so a criminal court cannot rely on an injunction to enforce its rulings.
Does this section list any exceptions to the rule?
No. The text states the bar in absolute terms, without carving out exceptions for particular kinds of criminal proceedings.
Does this section prevent civil and criminal cases from ever touching the same underlying facts?
No. It addresses equity’s relationship to the criminal court process itself, not whether the same conduct might separately give rise to a civil claim and a criminal charge.
Why would Georgia keep equity out of criminal law entirely?
The text does not give a reason, but the rule reflects a broader principle that criminal proceedings run on their own procedures and safeguards, which a civil court sitting in equity should not second-guess or interrupt.
Amendment History
Civil Code 1895, § 4914; Civil Code 1910, § 5491; Code 1933, § 55-102.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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