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.
The fourth part — a critical information system
The strictest composition concerns an act provided for by this article committed against a subject of a critical information system: such an act is punishable by imprisonment for a term of four to seven years. Under the note to the law, for an act provided for by this article a legal person is punishable by a fine, by deprivation of the right to carry out an activity, or by liquidation and a fine.
How the defence works
The central questions of the defence are: whether the conduct was unauthorized; to whom the damaged or altered data belonged and who administered it; whether damage existed and whether it was significant; and whether the aggravating elements were applied correctly. In such cases the bulk of the evidence is electronic — logs, messages, transaction histories — and the manner of its gathering and assessment requires separate attention.
On the side of the victim, a lawyer works on the complete documentation of the damage and of the fact of the lack of authorization. The rules of procedure and the time limits are established by other acts of procedural legislation. Our team offers consultations on cases of this category for both parties. Contact us.
The peculiarity of the evidence in this category is that a digital trace always needs context: a log entry records an event but does not answer the question of who performed the action and with what authority. That is why the defence always verifies access rights, the means of identification and who administered the corresponding account or device. The element of the lack of authorization is the central question of the case, and its establishment often rests precisely on these technical details.
On the side of the victim, a lawyer works on the complete reconstruction of the operations: which payments were unauthorized, what damage each of them caused and what evidence confirms this from the materials of the bank or the operator. The timely documentation of such cases is decisive for the outcome.
Our team is ready to assist you on cases of this category — contact us, we will assess your situation and build the correct position at every stage of the process.