Taking and giving bribes falls under the category of official crimes in Georgia and is punished with particular severity. State policy is based on zero tolerance for corruption, which means that penalties for bribery cases often involve actual imprisonment. The Criminal Code distinguishes between passive bribery (Article 338), which implies an official receiving a benefit in exchange for official authority, and active bribery (Article 339), which means a citizen offering or giving an illegal benefit to an official. Investigations in such cases often use covert investigative actions (video/audio recording, wiretapping) and operative experiments. This creates great difficulty for the accused, as defense requires not only legal but also technical and tactical knowledge. The lawyer's role is crucial in assessing the admissibility of evidence, especially when there are signs of provocation (entrapment) by law enforcement.
What does Bribery Defense service cover?
Lawyers working on corruption crimes offer specialized defense:
- Analysis of covert evidence: Checking the legality of covert recordings. If the recording was obtained without a court order or with procedural violations, the lawyer requests it be declared inadmissible.
- Defense against entrapment: Arguing that the crime was inspired (provoked) by an agent of law enforcement agencies, which is an exculpatory circumstance under European Court practice.
- Requalification of the act: Working to qualify the act not as bribery, but as a less serious crime (e.g., fraud or influence peddling).
- Plea agreement: Negotiating with the prosecution for mitigation of sentence in exchange for cooperation and providing information.
- Representation in court: Presenting defense arguments to the jury (if applicable) or the judge.
Common Situations and Scenarios
Bribery charges may arise in the following situations:
- "Gift" to an official: Giving an expensive gift to an official for performing official duties, which constitutes bribery by law.
- Tenders and procurement: Paying money to a tender commission member in exchange for winning a state procurement ("kickback").
- Licenses and permits: Paying an unofficial fee to obtain a construction permit or license in an accelerated manner.
- Traffic police: Offering money to a patrol police officer to avoid a fine.
Georgian Legislation and Legal Framework
The issue is regulated by Articles 338 (Passive Bribery) and 339 (Active Bribery) of the Criminal Code. Passive bribery is punishable by imprisonment from 6 to 15 years, especially in cases of large amounts or group commission. The legislation also recognizes "Trading in Influence" (Article 339¹), which involves receiving a benefit in exchange for influencing a third party. The Law on Conflict of Interest and Corruption in Public Service involves gift value limits. The Criminal Procedure Code strictly regulates the rules of covert investigative actions, violations of which are the defense's main tool.
Service Delivery Process
Defense begins from the moment of arrest. The lawyer attends the first interrogation and ensures that the client does not give self-incriminating testimony. The next stage involves studying case materials (covert recordings). The lawyer assesses whether there was provocation. If the evidence is irrefutable, the strategy shifts towards reaching a plea agreement, which often requires cooperation with the investigation.
Why choose a specialist on Legal.ge?
Bribery cases are politically sensitive and legally complex. Legal.ge gives you access to lawyers experienced in working with corruption crimes and covert investigative materials. Standard defense methods are often insufficient here. Find a qualified defender on Legal.ge to protect your freedom and reputation.
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