Bank and credit card fraud is one of the most common crimes of the digital age, which Georgian legislation treats strictly. This category includes both the physical use of someone else's card and cybercrimes committed in the internet space, illegal data acquisition, and penetration into banking systems. In many cases, such allegations are based on complex technical evidence, such as IP addresses, server logs, and digital footprints. It is difficult for the accused to defend themselves without special technical and legal knowledge, especially when it comes to organized group crime or international transactions. The involvement of a lawyer is necessary not only to refute the guilt but also to check the correctness of the qualification of the case, as often the action may be incorrectly assessed by the investigation under a more serious article.
What does Credit Card Fraud Defense service cover?
Lawyers working on cybercrime and financial fraud offer specialized defense that combines elements of criminal law and IT law:
- Analysis of electronic evidence: Checking the reliability and legality of obtaining digital evidence presented by the prosecution (logs, transactions).
- Appointment of IT expertise: Conducting independent computer-technical expertise to prove that a specific action was not carried out from the accused's device or with their direct participation.
- Requalification of the act: Working to qualify the act under a less serious article (for example, if the amount involved is small).
- Negotiation on compensation for damages: Negotiating with the victim bank or private individual regarding compensation for damages, which is often the basis for mitigation of sentence or a plea agreement.
- Protection of procedural rights: Appealing illegal searches and seizure of computer systems.
Common Situations and Scenarios
Charges related to bank cards are often associated with the following scenarios:
- Using someone else's card: Paying in a store or withdrawing cash with a lost or found card, which qualifies as theft or fraud.
- Phishing and data acquisition: Fraudulently obtaining and subsequently using banking data through fake websites or messages.
- Online shopping with someone else's data: Purchasing items in online stores using stolen card data.
- "Money Mule": When a person, often unknowingly, lends their account to fraudsters to transfer and cash out stolen money, receiving a commission in return.
- Card cloning (Skimming): Installing special devices on ATMs to copy data.
Georgian Legislation and Legal Framework
These crimes are regulated by the Criminal Code of Georgia, specifically articles relating to fraud, unauthorized access to a computer system, and illegal use of computer data. Specifically, infringement of property rights using a computer system (Article 286) provides for severe penalties. The Law of Georgia on Personal Data Protection is also important. The legislation distinguishes between physical theft (stealing a card) and cybercrime (stealing data). Aggravating circumstances include committing the crime as a group, repeatedly, or causing damage in a large amount. The lawyer relies on the Criminal Procedure Code regarding the admissibility of electronic evidence.
Service Delivery Process
The defense process begins with studying the case materials, especially technical documentation. The lawyer analyzes information received from the bank about the time and place of transactions. If the accused does not plead guilty, the collection of evidence begins (alibi, discrepancy of IP addresses). If the accused admits the crime, the lawyer works on compensating the damage and reaching a plea agreement, which allows avoiding a custodial sentence. The lawyer's role is crucial during court hearings in explaining technical nuances in language understandable to the judge.
Why choose a specialist on Legal.ge?
On Legal.ge you will find lawyers who understand both criminal law and modern technologies. Traditional defense methods are often insufficient in bank fraud cases, and specific technical knowledge is required. Specialists on our platform have experience in the specifics of cybercrime investigations and know how to refute digital evidence. Do not risk your freedom with unqualified defense — choose an industry expert on Legal.ge.
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