Coercion constitutes a crime against an individual's freedom of will, which is strictly punished under Georgian legislation. It involves forcing a person to perform or refrain from performing an action against their wishes, or conversely, forcing them to assume an obligation through the use of violence or the threat of violence. An accusation of coercion creates serious legal challenges, as it is often considered alongside other serious offenses such as violence, threats, or extortion. Therefore, qualified legal assistance in cases of this category is vital to protect the rights of the accused and ensure an objective assessment of the facts.
What does legal service for coercion cases cover?
Lawyers specialized in coercion cases ensure the defense of the client at all stages of investigation and court proceedings. The service includes comprehensive work:
- Analysis of factual circumstances: The lawyer studies the incident in detail, evaluates the evidence, and determines whether coercion actually took place in the legal sense.
- Verification of qualification: Misclassification of actions occurs frequently. The lawyer checks whether the act constitutes a different, lighter, or heavier crime (for example, threat or arbitrariness) and fights for the correct legal qualification.
- Gathering evidence: Interviewing witnesses, analyzing video and audio recordings, and requesting electronic correspondence that may prove the defendant's innocence or mitigate their liability.
- Developing a defense strategy: Choosing an individual tactic, which may involve denying guilt, reclassifying the act, or reaching a plea agreement under the best possible conditions.
- Appointing psychological expertise: If necessary, the lawyer may request expertise to determine whether the victim had grounds for real fear or whether they were capable of resisting.
Common Real-World Scenarios
Accusations of coercion can arise in various domestic or business situations. Here are several common scenarios:
- Labor relations: An employer or manager forces an employee to write a resignation letter through threats or blackmail. Signs of criminal coercion often appear in such cases.
- Property disputes: When one person forces another to transfer property or give up a share in a business as a result of physical or psychological pressure. This is often confused with extortion, although coercion may not necessarily involve material gain.
- Family conflicts: During disputes between former spouses, where one party forces the other to give up custody rights or stop alimony payments by threatening to release compromising information.
- Changing court testimony: A person forces a witness or victim to change their testimony or refuse to file a police report.
Georgian Legislation on Coercion
Coercion is regulated by the Criminal Code of Georgia. Specifically, the relevant article of this code (Coercion) defines liability for forcing a person to perform an action or refrain from it when this is done through violence or the threat of violence, or by threatening to disclose information that could substantially violate the victim's rights.
The Constitution of Georgia is also important, as it protects human free will and inviolability. In coercion cases, the Criminal Procedure Code of Georgia is frequently applied, which defines the rules for the admissibility and collection of evidence. Lawyers often argue that the "threat" was not real or that the action did not contain signs of a crime but was part of a civil-legal dispute, which is regulated by the Civil Code of Georgia.
Process and Stages
Cooperation with a lawyer on a coercion case involves several key stages:
- Consultation and Strategy: During the initial meeting, the lawyer listens to the client's version and formulates the line of defense.
- Investigation Stage: The lawyer participates in interrogations, files motions for investigative actions, and monitors the legality of the process.
- Preventive Measures: If the defendant is detained, the lawyer fights in court for bail or for the defendant to remain at liberty without restrictive measures.
- Court Hearing: During the substantive hearing of the case, the lawyer presents evidence, questions witnesses, and delivers a closing argument aimed at acquittal or mitigation of the sentence.
Why choose a specialist on Legal.ge?
Legal.ge is the leading platform operating in Georgia, giving you access to licensed and experienced criminal lawyers. Specialists registered on our platform undergo strict verification and have years of practice working on coercion-type cases. Through Legal.ge, you can quickly find a lawyer who knows local court practice and can effectively protect your rights in a critical situation. Trust professionals and do not leave your fate to chance.
Updated: ...