Currency smuggling, involving the transport of large amounts of undeclared cash across the customs border, is an act strictly regulated under both administrative and criminal law in Georgia. Georgian legislation does not prohibit the import or export of cash in any amount; however, it imposes a strict obligation: if the amount exceeds 30,000 GEL (or its equivalent in foreign currency), it must be declared to the customs authority. Violation of this rule leads to serious legal consequences, ranging from heavy fines and confiscation of funds to criminal liability. Accusations of currency smuggling often affect businessmen, tourists, and ordinary citizens who may not have intended to commit a crime but were unaware of the mandatory procedures.
What Does This Service Cover?
Legal services related to illegal currency transfer involve full representation of the client in interactions with customs and investigative bodies. Specialized lawyers handle both administrative proceedings and criminal cases. The service includes:
- Legal Consultation: Examining the circumstances of the case, assessing risks, and developing a defense strategy from the moment of detention or protocol issuance.
- Representation in Customs Authorities: Participating in administrative proceedings, appeal procedures, and contesting the amount of fines or the legitimacy of confiscation.
- Criminal Defense: If the case is initiated under Article 214 of the Criminal Code of Georgia, the lawyer defends the accused's interests during the investigation and trial stages.
- Plea Bargaining: Negotiating with the prosecutor's office to mitigate the sentence or secure a conditional sentence, acting in the client's best interests.
- Asset Recovery: Legal battles to recover confiscated currency fully or partially, provided that the lawful origin of the funds is proven.
Common Situations and Scenarios
Violations of currency declaration rules often occur due to lack of awareness or negligence. Common scenarios include:
- Tourist Mistakes: A foreign citizen enters Georgia with a large sum to buy an apartment, passes through the "Green Channel" at the airport without filling out a declaration, and is flagged during a customs check.
- Business Transactions: An entrepreneur takes cash abroad to purchase goods, exceeding the limit, and does not declare it, believing that since it is their own money, no permission is needed.
- Family Savings: A family emigrating or returning home carries their entire life savings, distributed among family members, but the total or individual amounts exceed the allowed limit without declaration.
- Currency Exchange Rate Fluctuations: A person believes they have less than 30,000 GEL, but due to exchange rate changes, the equivalent value in GEL exceeds the threshold at the moment of border crossing.
Georgian Legal Framework
The rules and liability for currency transfer are defined by several key legislative acts. The Tax Code of Georgia and relevant orders from the Minister of Finance establish the obligation to declare cash and securities worth more than 30,000 GEL. Violation of this rule results in fines ranging from 30,000 to 50,000 GEL or confiscation of the amount under the Administrative Offences Code of Georgia. However, if the amount is particularly large, the case may be reclassified as a criminal offense. Article 214 of the Criminal Code of Georgia (Violation of rules for moving goods across the customs border of Georgia) provides for imprisonment and high fines. The law distinguishes between acts committed by a group, in particularly large amounts, or by an official.
Step-by-Step Service Process
Working with a specialist begins with immediate response, as time is critical. The process includes:
- Initial Analysis: The lawyer reviews the detention protocol or customs violation report and assesses the case's prospects.
- Evidence Collection: Gathering documents proving the legal origin of the funds (bank statements, purchase agreements, etc.).
- Procedural Actions: Attending interrogations, filing motions, and conducting expertise if necessary.
- Court Hearing: Presenting a reasoned defense in court to avoid imprisonment or total confiscation of funds.
Why Choose a Specialist on Legal.ge?
Legal.ge gives you access to lawyers with specific experience in customs and criminal cases. Currency smuggling cases require deep knowledge not only of criminal law but also of tax and customs legislation. Specialists listed on Legal.ge will help you find a way out of a difficult situation, protecting your financial interests and liberty. Our platform ensures quick connection with competent lawyers, which is crucial when facing problems at the border.
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