Credit card fraud, regulated by Article 286 of the Criminal Code ("Infringement of computer data and/or computer system for financial gain"), is a high-tech crime. Unlike ordinary theft, this act involves manipulations in the digital space: illegal acquisition of card data, unauthorized access to the system, and money transfer. Such crimes are often transnational in nature and involve group actions. Georgian legislation treats cybercrime strictly, and the punishment can be quite severe, especially if the act is committed repeatedly or by a group. The accused often find it difficult to defend themselves due to the complexity of technical expertise and digital evidence (IP addresses, server logs). The assistance of a specialized lawyer is necessary to verify the authenticity of electronic evidence and protect the person's procedural rights.
What does Credit Card Fraud Defense service cover?
Lawyers working on cybercrime offer clients technical and legal assistance:
- Analysis of digital evidence: Technical expertise of electronic files, logs, and metadata presented by the prosecution.
- Involvement of IT experts: Inviting independent cyber-security specialists to determine whether the accused's computer or phone could have been used by third parties (e.g., via a virus).
- Tracing transactions: Studying the route of money movement to distinguish the role of the accused (whether they were just a "Money Mule").
- Detecting procedural violations: Appealing violations committed during searches and seizure of electronic devices.
- Compensation for damages: Negotiating with banks for compensation of damages, which is a prerequisite for mitigation of sentence.
Common Situations and Scenarios
Crimes under Article 286 often include:
- Phishing: Creating fake websites to steal bank card data.
- Online shopping with card data: Using someone else's card data to purchase items in online stores.
- Skimming: Copying the magnetic stripe of a card using devices installed on ATMs.
- Unauthorized access to internet banking: Breaking into someone else's internet bank and transferring funds.
- "Money Mule" schemes: When a person lends their account to fraudsters to transfer stolen funds in exchange for a commission, often unknowingly.
Georgian Legislation and Legal Framework
The main regulatory norm is Article 286 of the Criminal Code of Georgia (Infringement of computer data and/or computer system for financial gain). This article was specifically created to fight cybercrime. The Law on Information Security is also applied. The crime is considered completed from the moment of infringement of property rights, regardless of whether the criminal managed to cash out the money. Punishment ranges from fines to imprisonment, depending on the scale and group nature of the crime. The lawyer's strategy is often aimed at requalifying the charge to a lighter article or reaching a plea agreement.
Service Delivery Process
The defense process begins with studying electronic evidence. The lawyer determines how strong the link is between the accused and the cyberattack carried out (IP address, MAC address). If the accused admits the crime, the lawyer works on compensating the victim and minimizing the sentence. If the accused denies the charge, the defense requests alternative IT expertise.
Why choose a specialist on Legal.ge?
Cybercrime is one of the most complex branches of law. On Legal.ge, you will find lawyers who understand technology and have experience working with digital evidence. Standard defense is not enough here; you need a specialist who can translate technical details into legal language. Find your defender on Legal.ge.
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