About this service
Cybercrime constitutes a separate chapter of the Criminal Code of Georgia and covers the full spectrum of conduct connected with computer systems and data: from unauthorised intrusion, through the manufacture and distribution of intrusion tools, data infringement and infringement for the purpose of financial gain, to the creation of false official computer data. This page reviews the chapter and describes the defence accents characteristic of each group of these offences. The definitional framework also matters: a computer system is any device or group of devices that automatically processes data by means of a program — a personal computer, any device with a microprocessor, or a mobile telephone; and unauthorised means both unlawful conduct and the case where the holder of the right has not directly or indirectly transferred the right to the person committing the act.
Intrusion and the means of intrusion
Unauthorised intrusion into a computer system is punished by a fine, or corrective labour for up to two years, or imprisonment for the same term. The same act committed by a group with prior agreement, through the use of official position, repeatedly, or one that caused significant damage, is punished by a fine or corrective labour for up to two years, or imprisonment for two to five years; and committed against the subject of a critical information system — by imprisonment for three to six years. The adjacent norm concerns the means of intrusion: the unauthorised manufacture, acquisition, storage, sale, distribution or other making available of a program or device, and equally of a password, access code or similar data, for the purpose of committing an offence, is punished by a fine or corrective labour for up to two years and/or imprisonment for up to three years; with aggravating features — three to six years, and against a critical subject — four to seven years. Possessing a tool is not in itself a crime — what is decisive is the purpose of committing such an offence, and it is precisely here that the most frequent defence argument is born.
Data infringement and computer fraud
The unauthorised damaging, deletion, alteration or concealment of computer data is punished by a fine or corrective labour for up to two years and/or imprisonment for the same term; the unauthorised insertion or transmission of data that caused deliberate significant disruption of the functioning of a system — by up to three years; with aggravating features — three to five years, and against a critical subject — four to seven years. Infringement committed for the purpose of financial gain — unauthorised intrusion, insertion, deletion, alteration or concealment of data or any interference with the functioning of a system with the aim of acquiring a property right or any financial benefit that caused financial loss to another — is punished by community service from one hundred seventy to two hundred hours, corrective labour for up to two years, home arrest for one to two years, or imprisonment for two to four years. Committed by a group with prior agreement or causing significant financial loss, the act is punished by five to seven years; through official position, large-scale loss, by an organised group or repeatedly — six to ten years; and against a critical subject or by a person twice or more convicted of such offences — seven to eleven years.
False official data and the thresholds of damage
A separate composition concerns the creation of false official computer data: obtaining it by unauthorised insertion, deletion, alteration or concealment and then selling or using it as genuine is punished by a fine or imprisonment for up to three years; committed repeatedly, with significant damage or through official position — three to six years. In this context it is irrelevant whether the false data can be directly read or perceived. The thresholds of damage are likewise determined by law: for the purposes of this chapter significant damage means damage exceeding 2,000 GEL; for the financial-gain composition significant financial loss means more than 150 GEL and large-scale loss more than 10,000 GEL. A legal person is punished for the offences of this chapter by a fine, deprivation of the right to carry out activity, or liquidation together with a fine.
Defence accents
The first accent is authorisation: the consent of the right holder deprives intrusion and operations on data of their unlawful character, and establishing the boundaries of the consent is often decisive. The second is purpose: both in the manufacture of tools and in the financial-gain composition the purpose is an element of the offence, and its negation removes the charge. The third is damage and its measurement: the thresholds of 2,000, 150 and 10,000 GEL change the qualification, so the description of the damage and its expert assessment must be made independently. The fourth is the subject: the status of a critical information system subject creates separate, graver compositions, and its establishment rests on the law on information security. The rule of repetition is specific as well: an offence is considered repeated if it was preceded by any offence provided for by this chapter.
How we help on Legal.ge
Our team combines technical and legal analysis in cybercrime cases: we examine the fact of intrusion and the boundaries of authorisation, the evidence of purpose and damage, and the correctness of the qualification, and prepare positions for every instance. If such a charge has touched you, contact us — at the first consultation we will assess the prospects of the case. Legal.ge — reliable legal support throughout Georgia.