The Defense Angle of Article 212
The making and passing of false money or securities — counterfeiting — is punished under Article 212 of the Criminal Code. The object is a false bank note, metal coin, security or currency; the acts are making, acquisition, storage for the purpose of passing, or passing. In defense practice two things are central: the concept of the false — it implies a lawful commercial mark, not a mere resemblance — and the accused's awareness: passing a counterfeit received in ignorance does not fall under this article.
The Parts of the Penalty
Under the first part, the making, acquisition, storage for the purpose of passing, or passing of a false bank note, metal coin, security or currency is punished by imprisonment from four to seven years. Under the second part, the same act — committed in large amount, by a person convicted of such a crime, or by a group by prior conspiracy — is punished by imprisonment from seven to ten years. The third part addresses the act committed by an organized group: imprisonment from ten to fifteen years. The fourth part separately regulates the means of production: the unlawful making, acquisition, storage or transportation for the purpose of passing, or the passing, of any kind of printing form, matrix, paper, dye or other object or substance for making counterfeits is punished by imprisonment from two to five years. The note defines the large amount: it exceeds ten thousand lari.
The Concept of the False and Awareness
The defense position rests on two pillars. The first is the objective feature: false is money or a security that reproduces a lawful commercial mark and may be accepted in circulation as genuine; a mere resemblance or an obviously toy blank does not satisfy this feature, and the expert conclusion is decisive there. The second is the subjective side: the prosecution must prove that the person knew of the counterfeit's nature and acted with the purpose of passing or another intent; passing a counterfeit received in ignorance is not a crime, which gives the defense a real argument.
Currency Signs and Classification
The article also covers currency, so counterfeiting foreign money falls under the same composition. The resolution of the classification depends on the form of the act: making, acquisition and storage for the purpose of passing, passing, and acts connected with the means of production are separate forms, each with its own configuration of evidence. The elements of large amount, prior conviction, group and organization open the ranges of the second and third parts, and verifying them determines which level applies to the case.
The evidentiary work in these cases proceeds in three directions. The first is expert: the forensic examination determines whether the blank carries a lawful commercial mark, and that conclusion is an object of critique for both sides — the methodology, the comparison base and the expert's qualification are subject to verification. The second is quantitative: the threshold of the large amount is ten thousand lari, and the calculation of the quantitative indicator — by nominal or another rule — decides the classification under the second part. The third is awareness: the circumstances of receipt from the source, the context of the money's circulation and the person's conduct before and after the passing confirm whether the existence of the counterfeit was known. All three directions give the defense concrete arguments, and their combination determines whether the case remains on the first part.
Investigative practice often produces a situation where the same blank figures in several episodes at once; the classification there depends on the separation of the episodes, and for each episode the form of the act, the awareness and the amount must be established separately — it is precisely on this separation that a reduction of the penalty level is often recorded.
Frequently Asked Questions
What is punished under the first part?
Imprisonment from four to seven years — the making, acquisition, storage for the purpose of passing, or passing of a false bank note, coin, security or currency.
What is a large amount?
A counterfeit whose quantitative indicator exceeds ten thousand lari.
What is the penalty for an organized group?
Imprisonment from ten to fifteen years.
Is storing a printing form punished?
Yes — acts connected with the means of production are punished by a separate part: imprisonment from two to five years.
How We Help on Legal.ge
A counterfeiting case is built on expertise and the proof of awareness. On the Legal.ge platform you can find an experienced criminal defense advocate who will help you critique the expert conclusions, verify the calculation of the amount and construct the defense position. Choose a specialist and protect your rights against this grave charge. The combination of these three axes forms the skeleton of the defense plan, and filling it with materials is where the work begins. That is why the detailed critique of the expert conclusion and the separation of the episodes form the first task of the defense, bearing directly on the level of the penalty.