Border Crossing Violation Defense (Article 344)
Illegal crossing of the State Border of Georgia (Article 344 of the Criminal Code) is a criminal offense involving entering or exiting the country by bypassing official checkpoints or using forged/another person''s documents. Unlike migrant smuggling, this crime involves an individual acting for themselves. Often, those accused under this article include foreigners with visa issues, tourists who accidentally wandered into the border zone while hiking, or asylum seekers forced to breach the border to save their lives. It is crucial to remember that Georgian legislation provides specific protection mechanisms for asylum seekers, a detail often overlooked by investigative bodies. Assistance from a qualified lawyer is essential to avoid imprisonment and subsequent deportation.
What Does This Service Cover?
Lawyers listed on Legal.ge offer full legal support for border crossing disputes:
- Defense Upon Detention: Immediate involvement at the moment of detention by border police and presence during the initial interrogation.
- Asylum Applications: If the border violation was caused by persecution, the lawyer assists in initiating the asylum procedure. According to the note in Article 344, valid asylum seekers are exempt from criminal liability for illegal entry.
- Plea Bargaining: Negotiating a plea deal for a fine or suspended sentence instead of imprisonment.
- Halting Deportation: Suspending administrative deportation proceedings that run parallel to the criminal prosecution.
- Occupied Territories Issues: Defense in cases of violating the Law on Occupied Territories (e.g., entering Georgia from Russia via Abkhazia or the Tskhinvali region).
Common Scenarios and Real-World Situations
Illegal border crossing cases vary significantly:
The first scenario is "Tourist Error." Hikers in border areas (e.g., Lagodekhi or Kazbegi) unintentionally cross into neighboring territory or vice versa. Despite the lack of criminal intent, they are often detained and charged criminally.
The second scenario is "Fake Passport." An individual tries to cross with a passport containing a forged visa or stamp. Often, the person is unaware of the forgery (e.g., they were "helped" by a dubious agency), yet charges are still filed.
A third case is the "Green Border." A person with a deportation order or ban attempts to enter Georgia by bypassing checkpoints. This act is punishable by imprisonment.
A fourth scenario involves "Entry from Occupied Territories." A foreign tourist enters Georgia from the Russian Federation via Abkhazia or South Ossetia. This is considered illegal border crossing and is punishable by a fine or imprisonment.
Georgian Legal Framework
Your rights are protected by the following laws:
- Criminal Code of Georgia: Article 344 establishes liability for illegal border crossing (Penalty: Fine or imprisonment for 3 to 5 years).
- Law on International Protection: Ensures protection of asylum seekers from criminal prosecution for illegal border crossing.
- Law on Occupied Territories: Regulates entry and exit rules regarding Abkhazia and Tskhinvali regions.
Service Process Step-by-Step
- First Contact: Calling a lawyer immediately upon detention. The lawyer meets the client in the temporary detention center.
- Status Determination: The lawyer assesses whether the client has grounds to claim asylum.
- Court Hearing: Hearing on pre-trial measures. The lawyer argues for bail instead of custody.
- Evidence Gathering: If the case involves forged documents, forensic analysis is requested. For accidental crossings, GPS data is retrieved.
- Verdict/Resolution: Resolving the case, often through a plea agreement and fine, which may be followed by deportation or an obligation to leave the country.
Why Use Legal.ge?
Border crossing cases require rapid response and knowledge of migration law. Legal.ge gives you access to lawyers who can defend tourists, migrants, and asylum seekers alike. Our specialists will help you avoid long-term imprisonment and protect your rights in a foreign country. Find your defender on Legal.ge.
Updated: ...