Consumer Fraud Defense in Georgia | Legal.ge

ConsumerFraudDefense

When is cheating a customer a crime?

Under Article 219, deceiving a customer in weight, measure, or quality is a crime if done in significant amounts or repeatedly.

Can I be arrested for selling expired food?

If you intentionally forged the expiration date to deceive customers, yes. If it was negligence, it''s usually a fine.

Who is liable: the cashier or the owner?

Whoever had the criminal intent. If the owner ordered the fraud, they are liable. If the cashier acted alone, they are liable.

What is the penalty for consumer fraud?

Penalties range from fines to imprisonment for up to 2 years, depending on the severity.

Consumer Fraud Defense: Criminal Liability and Risks

While administrative disputes concern regulatory non-compliance, consumer fraud falls squarely into the realm of criminal law. In Georgia, deceiving a consumer regarding weight, measure, product qualities, or price, if committed in significant amounts, is criminalized. This is a serious charge that can be brought against both individual traders (e.g., in a market) and the management of large companies. Often, the line between a marketing trick and a criminal offense (fraud) is very thin. For example, altering product expiration dates or selling low-quality goods as high-quality ones falls directly under the Criminal Code regulations.

Defense in these types of cases requires in-depth analysis of evidence (expert reports, accounting records, witness testimonies). The lawyer''s main task is to prove the absence of intent (which is necessary for fraud) or that the act was a technical error/negligence rather than a crime. Qualified defense is essential to avoid criminal liability and a criminal record.

What Does Defense Against Consumer Fraud Charges Cover?

Criminal defense lawyers on Legal.ge offer specialized services:

Qualification Check: Analyzing whether the act fits Article 219 (Deception of Consumers) or Article 180 (Fraud) of the Criminal Code. Often, it is possible to reclassify the act as an administrative offense.
Participation in Expertise: Conducting commodity expertise to determine the real quality and value of the product.
Proving Lack of Intent: Gathering evidence to confirm that the error was caused by a supplier or a technical glitch, not intentional deception.
Plea Agreements: Negotiating with the prosecutor''s office for a lighter sentence or diversion (dropping the case) in exchange for compensating the damage.

Common Situations and Real-World Scenarios

Charges often arise in the following cases:

Weighing/Measuring Fraud: Short-filling fuel at a gas station or tampering with scales at a market.
Date Tampering: Relabeling expired products with new dates and selling them.
Falsified Products: Selling low-quality alcohol or food under a brand name.
Price Deception: Intentionally calculating the wrong total for a consumer involving significant amounts.

Georgian Legislation and Legal Framework

Consumer deception is regulated by Article 219 of the Criminal Code of Georgia. It is a crime to deceive a consumer regarding weight, size, or settlement, or to mislead regarding product qualities. If the act is committed in a significant amount or repeatedly, the punishment involves a fine or imprisonment for up to 2 years. General Fraud (Article 180) applies to larger schemes. The distinction between an administrative violation and a crime is crucial, often depending on the amount of damage and systematic nature.

Process: What to Expect When Working with a Specialist

The lawyer will first study the investigative materials, specifically control purchase protocols and expert conclusions. If the charge is based on the misconduct of a single employee, the lawyer will try to prove this was not systematic company policy. If the crime is evident, the lawyer will work on compensating damages and reconciling with victims, which is necessary to receive a minimum sentence.

Why Choose Legal.ge?

Consumer fraud charges damage business reputation and threaten liberty. Legal.ge offers experienced criminal lawyers who will help you protect your rights and avoid baseless accusations. Find a trusted defender on Legal.ge.