Unauthorized access to a computer system (hacking) involves bypassing security barriers of any secured system, server, website, or personal computer without the owner's permission. In Georgia, this act is criminalized under Article 284 of the Criminal Code. The law does not distinguish whether the intrusion occurred due to "curiosity" or with malicious intent — the act of intrusion itself is a crime. Hacking charges can be brought against a professional cybercriminal, an IT specialist, or a student who attempted to check a system for vulnerabilities (Penetration Testing) without proper authorization. Charges are particularly severe if the intrusion resulted in data acquisition, alteration, destruction, or system disruption. It is also an aggravating factor if the attack was launched against critical infrastructure (e.g., government agencies, financial institutions).
What Does Hacking Defense Service Cover?
Lawyers available on Legal.ge offer specialized defense tailored to technical nuances:
- Establishing Authorization Limits: Building a defense strategy around whether the accused had any access rights (e.g., an employee who had a password but misused it).
- Malicious Code Analysis: Conducting expertise to determine if the accused used special software (exploits) to breach the system.
- Ruling Out IP Spoofing: Arguing that the attack was carried out by another person spoofing the accused's IP address.
- Investigating Botnet Factors: Proving that the accused's computer was itself infected (a "zombie" computer) and the attack was launched automatically without their will.
- Plea Bargaining: Negotiating with the prosecution for a reduced sentence, especially if damages are reimbursed.
Common Situations and Scenarios
Hacking charges are often related to:
- Wi-Fi Cracking: Breaking into a neighbor's or office's secured network to use free internet or steal data.
- Website Defacement: Changing the main page of a website with political or hooligan messages.
- Database Dumping (SQL Injection): Exploiting website vulnerabilities to download user databases.
- Former Employee Access: Using old passwords to access company systems after leaving the job.
Georgian Legal Framework
Article 284 of the Criminal Code of Georgia (Unauthorized access to a computer system) provides for fines, correctional labor, or imprisonment for up to 2 years. If the act is committed by a group, repeatedly, or causes significant damage, the sentence increases to up to 5 years in prison. Importantly, the law also punishes the creation/use of special devices or programs intended for committing cybercrimes (Article 286¹). This means that possessing hacking tools can be problematic if intent to use them illegally is proven.
Step-by-Step Service Process
Effective defense implies:
- Initial Consultation: Discussing technical details and assessing risks.
- Evidence Gathering: Digital forensics and log analysis.
- Legal Positioning: Challenging the qualification of the act or highlighting mitigating circumstances.
Why Choose a Specialist on Legal.ge?
Hacking cases are unique and require a lawyer who can "translate" complex technical terms (IP, MAC, Packet Sniffing, SQLi) into language understandable to a judge and prosecutor. Specialists on Legal.ge ensure that technical inaccuracies do not become the basis for your conviction.
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