Bank-card cases and Article 286
Charges connected with fraud by means of bank cards fall within the scope of application of Article 286 of the Criminal Code of Georgia — the norm that protects computer data and computer systems. Card operations in modern payment systems are built precisely on the processing of computer data, and the prosecution in such cases relies on the elements of this norm: the unauthorized damaging, deletion, alteration or concealment of computer data, as well as the unauthorized insertion or transmission of data.
If such a charge concerns your family, or if you are the victim of card fraud, it is important to know exactly what this norm covers and which circumstances aggravate the punishment.
The first part — the violation of computer data
The first part defines the basic composition: the unauthorized damaging, deletion, alteration or concealment of computer data is punishable by a fine or by corrective labour for a term of up to two years and/or by imprisonment for the same term. The wording of the law — "and/or" — means that the choice of the kinds of punishment depends on the circumstances of the case.
The second part — disruption of the functioning of a system
The second part regulates a broader composition: an act provided for by the first part, as well as the unauthorized insertion or transmission of computer data that has caused a deliberate significant disruption of the functioning of a computer system, is punishable by a fine or by corrective labour for a term of up to two years and/or by imprisonment for a term of up to three years.
The third part — qualified compositions
Under the third part, an act provided for by the first or second part is punishable — when it is committed: by a group with prior agreement; through the use of an official position; more than once; or where it has caused significant damage — by a fine or by corrective labour for a term of up to two years, or by imprisonment for a term of three to five years.