Accessory After the Fact Defense: Concealment of Crime
People often commit crimes without even realizing it when they try to help a friend or relative who has broken the law. Being an "Accessory After the Fact" (Concealment of Crime) involves actions where a person did not participate in the crime itself but assisted the offender afterward by hiding traces, concealing the person, or destroying evidence. In Georgia, this is a punishable offense. Common scenarios include hiding a fugitive in one''s home, hiding the murder weapon, or giving false information to the police.
However, the law provides for significant exceptions. For instance, failing to report a crime committed by a close family member is not punishable. The defense strategy is built on these nuances. A lawyer''s task is to distinguish concealment from complicity (which carries a much heavier penalty) and prove that the person had no prior agreement with the offender.
What Does Defense Against Concealment Charges Cover?
Lawyers on Legal.ge offer defense under Articles 375 (Concealment of Crime) and 376 (Failure to Report Crime) of the Criminal Code:
- Reclassification of Charges: The prosecution often tries to present concealment as complicity (aiding and abetting). The lawyer proves that the person had no part in planning or executing the crime.
- Using Family Exemptions: Utilizing the statutory privilege that exempts individuals from liability for not reporting crimes committed by close relatives.
- Proving Lack of Intent: Confirming that the person did not know about the crime when assisting someone (e.g., giving a ride without knowing a murder had just been committed).
- Duress Defense: Arguing that the person acted under threat or fear.
Common Situations and Real-World Scenarios
Charges often arise in the following situations:
- Hiding a Fugitive: A friend committed a crime and asked to be hidden at a cottage or transported across the border.
- Destroying Evidence: Washing bloody clothes, throwing away a knife, or deleting video footage to help the offender.
- Storing Stolen Goods: Keeping an item known to be stolen (without prior agreement to do so).
- Silence During Interrogation: The police know the person is aware of the crime, but they refuse to provide information (unless related to a relative).
Georgian Legislation and Legal Framework
Concealment of crime is regulated by Article 375 of the Criminal Code of Georgia. Concealing a serious crime is punishable by imprisonment for 1 to 4 years, and a particularly serious crime by 3 to 7 years. Failure to report a crime (Article 376) is also punishable. A crucial constitutional guarantee exists: no one is obliged to testify against themselves or close relatives. The lawyer uses this guarantee to protect the client.
Process: What to Expect When Working with a Specialist
The lawyer will first establish your connection to the offender and the crime. If you became involved only after the crime, the lawyer will ensure the charge is not escalated to complicity. If you acted out of fear, the lawyer will gather evidence of this. In many cases, a plea agreement for a suspended sentence is possible if the person cooperates with the investigation (unless it conflicts with their interests).
Why Choose Legal.ge?
Concealment cases require precise legal qualification. Legal.ge offers lawyers who will help you correctly assess your situation and avoid unjust punishment for someone else''s crime. Find your defender on Legal.ge.
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