Election fraud is one of the most serious crimes against a democratic state, which is strictly punished under Georgian legislation. This category includes election-related acts such as altering vote count results, forging documents, ballot stuffing, and manipulating voter lists. Such accusations often carry a political context and are a subject of high public interest. That is why it is critically important for the accused to ensure qualified and neutral legal defense capable of objective fact analysis and developing a strategy free from political pressure.
What does defense service for election crimes cover?
Working on election fraud cases requires deep knowledge not only of criminal law but also of election law. Lawyers offer:
- Documentation Audit: Detailed verification of election protocols, registration logs, and ballots to detect signs of forgery or procedural violations.
- Video and Photo Analysis: Studying footage from cameras installed at polling stations and taken by observers to refute the prosecution's claims.
- Interrogating Observers and Commission Members: Creating a base of witnesses who can confirm the legality of the process or the innocence of the accused.
- Expertise: Appointing handwriting or technical document expertise to determine the authenticity of signatures or protocols.
Common Charges and Scenarios
In practice, election fraud charges can affect various actors:
- Election Commission Members: Accusations of changing summary protocol data or counting invalid ballots as valid.
- Party Representatives: Accusations of vote buying or ballot stuffing (so-called "carousel").
- Observers: Accusations of obstructing the electoral process or violating confidentiality.
- Ordinary Citizens: Attempts to vote with someone else's ID or violating the secrecy of the vote.
Georgian Legislation
Election fraud is punishable under Articles 164^1, 164^3, and related articles of the Criminal Code of Georgia. Specifically, Article 164^3 (Falsification of Elections) provides liability for the intentional forgery of election documents, lists, protocols, or ballots. Also, the Election Code of Georgia regulates administrative procedures, violations of which may become the basis for criminal prosecution. The defense strategy is often based on proving that the violation was of a technical nature (error) and not an intentional crime, which excludes criminal liability.
Defense Strategy and Stages
Effective defense includes:
- Prevention and Consultation: Legal assistance during the election period itself to prevent law violations.
- Investigation: Lawyer participation in all investigative actions to prevent evidence tampering.
- Court Hearing: Refuting the prosecution's evidence, presenting alternative expertise results, and excluding political motivation from the legal assessment of the case.
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