Contempt of court is a crime directed against the authority of justice. Under Georgian law, this act can involve insulting a participant in the trial, disobeying a judge's order, or grossly violating the order of the proceedings. Contempt of court can be subject to either criminal (Article 366) or administrative liability, depending on the severity of the act. Criminal prosecution begins when the act is public, gross, and aims to discredit the court. Charges can be brought against a trial participant (accused, witness) or an attendee. Legal.ge offers lawyers who will help you in these specific cases, protect your freedom of expression, and strive to avoid criminal liability.
What Does Contempt of Court Defense Service Cover?
Defense in this category requires distinguishing between criticism and crime. Services include:
- Act Analysis: The lawyer assesses whether the act was insulting and intentional, or a reaction driven by emotion.
- Protecting Freedom of Expression: Arguing that the person's statement fell within the limits of freedom of expression and did not constitute a criminal offense.
- Shifting to Administrative Liability: Attempting to reclassify the act as a violation of court order (resulting in a fine or expulsion) rather than a criminal offense.
- Court Representation: Defending the client against charges.
Real-World Scenarios When You Need This Service
Charges can arise from:
- Insulting a Judge: Using obscene language towards the judge during proceedings.
- Insulting a Prosecutor or Lawyer: Aggressive outbursts towards the opposing party during the hearing.
- Disrupting Order: Attempting to disrupt the hearing through noise or other actions.
Georgian Legal Framework and Regulations
Contempt of court is regulated by Article 366 of the Criminal Code of Georgia. The Civil and Criminal Procedure Codes also apply, defining rules of conduct in court and the judge's power to apply procedural sanctions (fine, expulsion).
Service Process
Working with a lawyer on Legal.ge involves:
- Consultation: Reviewing video/audio recordings or minutes of the incident.
- Strategy: Apologizing (as mitigation) or denying guilt.
- Defense: Presenting legal arguments in court.
Why Choose Legal.ge?
Contempt of court charges are serious and can lead to imprisonment. Our lawyers will help you assess the situation correctly and exit with minimal damage.
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