Aiding and Abetting Defense (Helper) — Article 24
An aider/helper (Article 24 of the Criminal Code) is a type of accomplice who did not directly commit the crime but facilitated its commission. Assistance can take the form of giving advice, instructions, providing information, means, or weapons, as well as removing obstacles. Additionally, a person who promised beforehand to hide the criminal, tools, or proceeds of the crime is considered an aider. The liability of an aider is generally lighter than that of the direct perpetrator, but the prosecution often tries to portray the aider as a co-perpetrator to secure a harsher sentence. It is critical for the defense to prove that the individual''s actions were limited to technical assistance and that they did not intend to directly execute the crime. Furthermore, there are cases where a person helps another without knowing about the criminal intent (e.g., lending a tool), which excludes criminal liability entirely.
What Does This Service Cover?
Lawyers listed on Legal.ge offer strategic defense for those accused of aiding:
- Reclassification of Actions: Fighting to ensure the act is not assessed as "co-perpetration" (which is punished more severely) but remains within the scope of "aiding."
- Refuting Knowledge: Proving that the client did not know what the provided information or item would be used for.
- Distinguishing Psychological Aid: Mere sympathy or moral support is not always punishable aiding. The lawyer draws the line between criminal and non-criminal acts.
- Absence of Prior Promise: If a person helped a criminal after the crime was completed (e.g., hiding them) without a prior agreement, this constitutes "concealment of a crime" rather than complicity, which carries a lighter penalty.
Common Scenarios and Real-World Situations
Aiding charges often arise in these situations:
The first scenario is "Lending a Weapon." A person lends a hunting rifle to a friend who uses it for robbery. If the owner did not know the purpose, they are innocent. If they knew, they are an aider.
The second scenario is "Providing Information." An employee gives information about a security system to burglars. This is intellectual aiding.
The third case is "Driver/Lookout." A person helps a criminal enter a secured area or evade police during the crime.
Georgian Legal Framework
Regulations:
- Criminal Code of Georgia (Article 24, Part 3): Defines the concept of an aider.
- Article 25: Liability of an aider. The aider is sentenced under the same article as the perpetrator, but the court considers their secondary role when determining the penalty size.
Service Process Step-by-Step
- Fact Analysis: What specific action did the person take?
- Intent Verification: Did the person know about the crime?
- Qualification: Is this complicity or concealment?
- Court: Fighting for a minimum sentence.
Why Use Legal.ge?
The role of an aider often teeters between legal and illegal conduct. On Legal.ge, you will find lawyers who can help you prove your innocence or achieve a fair and lenient sentence. Find a professional defender on Legal.ge.
Updated: ...