Accepting and giving bribes represent one of the most serious categories of official crimes in Georgia. State policy against corruption is strict, which is reflected in the severity of punishment — passive bribery (Article 338) and active bribery (Article 339) provide for lengthy imprisonment. This crime threatens both the authority of the public service and the personal freedom and reputation of the accused. Charges can be brought against a high-ranking official as well as an ordinary citizen who attempted to bribe an official. Investigation often involves covert video and audio recordings, putting the defense in a difficult position. However, there are legal mechanisms, such as proving entrapment or declaring evidence inadmissible, which a qualified lawyer can use to protect the client.
What does Bribery Defense service cover?
Lawyers specialized in corruption crimes offer comprehensive defense:
- Verifying legality of covert investigative actions: Examining whether the investigation had a judge's warrant for wiretapping. If the procedure was violated, the lawyer requests the removal of the recording from evidence.
- Defense against Entrapment: Proving that the crime was instigated by a law enforcement agent, which is a violation of the European Convention and can be grounds for acquittal.
- Requalification of the act: Working to ensure the act is qualified not as bribery but as a less serious crime (e.g., fraud or trading in influence).
- Plea agreement: Negotiating with the Prosecutor's Office for sentence mitigation in exchange for cooperation with the investigation.
- Representation in court: Conducting defense during pre-trial and main hearings.
Common Situations and Scenarios
Bribery charges can arise in the following situations:
- "Gift" to an official: Giving a thank-you gift to a public official, even for performing a lawful action, is considered bribery.
- Tender deals: Paying money in exchange for winning a tender ("kickback").
- Expediting administrative services: Offering money to obtain a passport, license, or permit in an accelerated manner (bypassing legal fees).
- Avoiding fines: Offering money to patrol police.
Georgian Legislation and Legal Framework
Passive bribery (Article 338) and Active bribery (Article 339) are regulated by the Criminal Code of Georgia. Sentences range from 6 to 11 years, and in particularly aggravated circumstances — from 11 to 15 years. The Law on Conflict of Interest and Corruption in Public Institutions is important as it defines the concept of a gift. The Criminal Procedure Code establishes rules for conducting operative experiments, the violation of which often becomes the cornerstone of the defense strategy. Legislation provides for exemption from liability for the bribe-giver if they voluntarily reported the crime to the authorities.
Service Delivery Process
Involvement of a lawyer is necessary from the very first minutes of arrest. The initial testimony is often decisive. The lawyer reviews the case materials, assesses the weight of the evidence, and determines tactics: whether to proceed to the main hearing demanding acquittal or to start negotiations for a plea agreement.
Why choose a specialist on Legal.ge?
Corruption crimes require specific knowledge and experience in working with covert investigative materials. Lawyers represented on Legal.ge know the principles of the system's operation and can effectively protect your rights. Dealing with such serious charges without a qualified defender is practically impossible. Find your lawyer on Legal.ge.
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