Official misconduct and corruption cover a wide range of actions that go beyond simple bribery. Chapter XXXIX of the Criminal Code of Georgia (Official Crimes) regulates such acts as Abuse of Official Authority (Article 332), Exceeding Official Powers (Article 333), Neglect of Official Duty (Article 342), and Official Forgery (Article 341). Charges can be brought against any public servant, ranging from municipality employees to high-ranking officials. Often, these articles are used comprehensively when an official is accused of making decisions in favor of personal interests, misappropriation of state budget funds, or nepotism. Official crimes are characterized by high public interest and media pressure, which creates additional difficulties for the defense. The task of a qualified lawyer is to prove that the official's action fell within the discretionary powers granted by law and did not constitute a crime.
What does Corruption Defense service cover?
Lawyers on our platform offer comprehensive defense at all stages of official crimes:
- Audit of official documentation: Legal analysis of orders, protocols, and decrees to determine whether the official exceeded their authority.
- Determining the scope of discretion: Substantiating that the decision was made within the discretionary powers granted by law and did not constitute abuse.
- Challenging damage calculation: Alternative assessment of the State Audit or expertise conclusion to determine the actual damage caused to the state (or lack thereof).
- Defense against political persecution: If the case has a political motive, informing international human rights organizations and guiding the strategy from this angle.
- Representation in court: Conducting defense before a jury (in applicable cases).
Common Situations and Scenarios
Charges of corruption and official misconduct are often related to:
- Bid rigging: Giving preference to a specific company by tailoring tender conditions.
- Alienation of state property: Valuing and selling property at an unrealistically low price during the privatization process.
- Illegal appointments: Nepotism — hiring relatives or friends while disregarding qualification requirements.
- Violence during official duty: Excessive use of force by law enforcement officers during arrest or police operations (Article 333, Part 3).
- Negligence: Improper performance of duty resulting in severe consequences (e.g., violation of safety norms).
Georgian Legislation and Legal Framework
The field is regulated by Articles 332-342 of the Criminal Code. Of these, 332 (Abuse of Power) and 333 (Exceeding Powers) are used most frequently. The Law on Public Service and codes of ethics defining standards of official conduct are important. "Substantial damage" is necessary for criminal liability (except for exceeding powers with violence). The concept of damage includes both material loss and infringement of state interests. The lawyer's strategy often relies on breaking the causal link between the official's action and the resulting consequence.
Service Delivery Process
Defense begins with studying the indictment. The lawyer ascertains specifically which normative act the prosecution relied upon when defining authority. Often the charge is general, allowing the defense to demand clarification or refutation. If the case concerns financial violations, an audit is appointed. If the case involves violence, video recordings and medical expertise are checked.
Why choose a specialist on Legal.ge?
Working on official crimes requires deep knowledge of administrative and criminal law. Lawyers represented on Legal.ge are familiar with the specifics of public service and have experience in complex disputes with the Prosecutor's Office. Protecting reputation and maintaining freedom are priorities in this category of cases. Trust experienced professionals on Legal.ge.
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