False Accusation Defense deals with situations where a person is baselessly accused of committing a crime, unethical behavior, or professional misconduct. A false accusation can be both a criminal offense (false denunciation) and a subject of civil liability (defamation). For a person targeted by false accusations, the consequences can be devastating: job loss, family breakdown, social isolation, and even imprisonment. Critical legal intervention is required immediately to prove innocence and hold the accuser accountable. Georgian law strictly protects individuals from false denunciation, although proving the truth often involves complex procedures. The lawyer's role is not only defense but also counter-attack—refuting charges and demanding compensation for moral damages.
What does the False Accusation Defense service cover?
The service includes a defense strategy in both criminal and civil law directions:
- Fact Investigation: Detailed analysis of the accusation and finding alibis or exculpatory evidence.
- Criminal Defense: If the case involves a false report filed with the police, the lawyer defends the client during the investigation and requests the case be dropped due to lack of a crime.
- Prosecuting False Denunciation: After the investigation concludes, filing a complaint against the false accuser under Article 373 of the Criminal Code.
- Civil Lawsuit: Filing a lawsuit in court for infringement of honor and dignity, demanding compensation for damages and a public apology (retraction).
- Workplace Disputes: Defense before disciplinary committees if the false accusation relates to the workplace.
Common Scenarios and Needs
False accusations are common in the following situations: Family Disputes: During divorce proceedings, one party accuses the other of violence or child abuse to gain an advantage. Workplace Intrigue: An employee is accused of theft or data leakage to justify firing. Business Partners: During a dispute, one partner accuses the other of fraud or tax evasion. Neighborhood Disputes: False police calls regarding noise or illegal construction.
Georgian Legislation and Regulations
The legal basis for defense against false accusations is multi-layered. Article 373 of the Criminal Code of Georgia (False Denunciation) provides for liability for providing false information about the commission of a crime. This is a serious crime punishable by imprisonment. Article 18 of the Civil Code protects a person's honor, dignity, and business reputation, providing grounds for a civil dispute. In labor relations, the Labor Code applies, protecting employees from groundless dismissal.
Step-by-Step Process
The process begins with studying the content of the accusation. If the accusation is official (in the police), the lawyer joins the case, attends interrogations, and presents evidence refuting the guilt. The goal is to terminate the investigation on rehabilitation grounds (absence of a crime). After this, the counter-attack begins—a request is sent to the prosecutor's office regarding the liability of the false accuser, and a civil lawsuit is filed in court for moral damages. The final result is the full rehabilitation of the client and the restoration of their name.
Why Legal.ge?
Proving innocence is a difficult psychological and legal process. Legal.ge gives you access to lawyers with experience in both criminal and civil law. Our specialists will defend your rights against aggressive accusations and will not let lies destroy your life. Trust the professionals at Legal.ge.
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