What Card Fraud Means under Georgian Criminal Law
Charges connected with bank and credit cards are examined in Georgia under two norms of the Criminal Code — Article 180 on fraud and Article 286 on interference with computer data or a computer system. Article 180 defines fraud as the appropriation of another's property or the acquisition of a property right by deception, with the intent of unlawful appropriation. In the card context deception often consists in using a card or its data without the holder's consent, or feeding false information to a merchant or a bank.
The computer-interference norm engages where the card-related conduct rests on unauthorised intrusion into a system — unauthorised damage to, deletion, alteration or concealment of data, as well as unauthorised insertion or transmission of data. The correct qualification — fraud or system interference — often decides the fate of the case, because the two norms carry different sanctions.
The Basic Offence and Its Sanction
Under the first part of Article 180, fraud is punished by a fine, or community service for a term of 170 to 200 hours, or corrective labour for up to 2 years, or house arrest for a term of 1 to 2 years, or imprisonment for a term of 2 to 4 years. The catalogue may not look severe at first glance, but the choice among these sanctions lies within the court's discretion, and the prosecution often builds its position on a graver part of the article.
Aggravated Variants of the Offence
The same act committed by a group with prior agreement, or causing significant damage, is punished by a fine or imprisonment for a term of 4 to 7 years. The same act committed through abuse of an official position, in large amount, or more than once, is punished by a fine or imprisonment for a term of 6 to 9 years. The gravest variant covers an act committed by an organised group, or by a person previously convicted twice or more for unlawful appropriation of another's property or for extortion — such conduct is punished by imprisonment for a term of 7 to 10 years.
Breaking these parts down matters: prior agreement of a group, official position, large amount and repetition must each be established and proved separately. The prosecution often pushes a self-serving interpretation of the damage assessment, and this is precisely where the defence works — a documented calculation of the damage and verification of the factual basis of every qualifying sign.
System Interference: Parts and Sanctions
Under the first part of Article 286, unauthorised damage to, deletion, alteration or concealment of computer data is punished by a fine or corrective labour for up to 2 years, or imprisonment for the same term. The second part covers the same conduct, as well as unauthorised insertion or transmission of data that deliberately caused significant disruption of the functioning of a computer system — the sanction here is a fine or corrective labour for up to 2 years, or imprisonment for up to 3 years.
The third part addresses the act committed by a group with prior agreement, through abuse of an official position, repeatedly, or causing significant damage — punished by a fine or corrective labour for up to 2 years, or imprisonment for a term of 3 to 5 years. The fourth part covers interference against a subject of a critical information system and prescribes imprisonment for a term of 4 to 7 years. A legal person is punished for these acts by a fine, deprivation of the right to carry on activity, or liquidation and a fine — a separate risk layer for any business.
Directions of Defence in Such Cases
Defence in a card-fraud case works along two axes. The first is qualification: it must be established whether the conduct satisfies the elements of these norms at all — whether deception existed, whose card or data it was, whether the intrusion was unauthorised. The second is the chain of evidence: the technical trail of the operations, who performed the conduct and how, and the calculation of damage. Every aggravating sign must be established by the prosecution separately; otherwise the case falls to be re-qualified under a lighter part.
Frequently Asked Questions
What sanction attaches to basic card fraud?
A fine, community service of 170 to 200 hours, corrective labour for up to 2 years, house arrest for 1 to 2 years, or imprisonment for 2 to 4 years.
What if the act was committed by a group or caused significant damage?
It is punished by a fine or imprisonment for 4 to 7 years. Large amount, official position and repetition extend the sanction to 6 to 9 years.
When does the computer-interference norm apply?
When card-related conduct involves unauthorised damage to, deletion, alteration, concealment, insertion or transmission of data — particularly where the functioning of a system was disrupted.
Can a legal person be punished for these acts?
Yes — for interference with a computer system a legal person is punished by a fine, deprivation of the right to carry on activity, or liquidation and a fine.
How We Help on Legal.ge
On Legal.ge we defend clients in card-fraud and system-interference cases: we analyse the qualification, check the damage calculation and build the defence against every aggravating sign. Contact us — we will assess the charges and prepare a strategy within the precise boundaries of these norms of the Criminal Code.