Corruption crimes cover a much wider spectrum than simple bribery. Chapter XXXIX of the Criminal Code of Georgia (Official Misconduct) combines acts such as Abuse of Official Authority (Article 332), Exceeding Official Powers (Article 333), Illegal Participation in Entrepreneurial Activity (Article 337), and Neglect of Official Duty (Article 342). These charges are often related to public procurement, nepotism, misappropriation of budget funds, or politically motivated decisions. Official crimes are characterized by high public interest and a complex evidentiary standard. For the accused, this means not only the threat of imprisonment but also the destruction of their career and deprivation of the right to hold office. The defense strategy requires deep knowledge of administrative law, public administration procedures, and criminal law.
What does Corruption Defense service cover?
Lawyers on our platform offer specialized services:
- Audit of official documentation: Legal analysis of orders, protocols, and decisions to determine whether the official acted within the discretion granted by law.
- Challenging damage calculation: Alternative assessment of the State Audit Service or expertise conclusion to determine actual damage (absence of substantial damage excludes criminal liability under Article 332).
- Defense against political persecution: Highlighting the political context of the case and informing international organizations (if necessary).
- Trading in Influence charges: Defense against charges under Article 339¹, which involves influencing a third party in exchange for a benefit.
- Defense against asset forfeiture: Prevention of possible confiscation of property obtained through corrupt means.
Common Situations and Scenarios
Corruption crimes often manifest in the following areas:
- Bid rigging: Tailoring tender conditions to a specific company or illegal disqualification of competitors.
- Nepotism: Hiring relatives or friends disregarding qualifications, resulting in damage to the interests of the service.
- Granting privileges: Using state resources (cars, fuel) for personal purposes.
- Negligence: Improper performance of duties resulting in severe consequences (e.g., violation of safety norms).
Georgian Legislation and Legal Framework
The main regulator is Articles 332-342 of the Criminal Code. Among them, Abuse of Power (332) and Exceeding Power (333) are most frequently used. The Law on Public Service and codes of ethics are important. For criminal liability, it must be proven that the official's action caused substantial damage to the state or the rights of an individual. The concept of damage includes both material loss and infringement of the authority of a state institution. The lawyer's task is to break the causal link between the official's action and the resulting consequence.
Service Delivery Process
The process begins with an analysis of the indictment. The lawyer checks specifically which normative act defined the rights and duties of the official. Often the charge is general and does not point to a specific violation, allowing the defense to request termination of prosecution. Parallel study of financial documentation takes place.
Why choose a specialist on Legal.ge?
Corruption crimes require a lawyer who is well-versed in the specifics of public service and administrative processes. On Legal.ge, you will find professionals with experience in high-profile official misconduct cases. Protect your reputation and freedom with qualified legal assistance.
Updated: ...