Embezzlement Defense Lawyer in Georgia | Legal.ge

EmbezzlementDefense

How is embezzlement different from theft?

Embezzlement involves property that was legally entrusted to you (e.g., as an employee), whereas theft involves taking property you had no right to possess.

Will I go to jail for a cash shortage at work?

If it's proven to be intentional misappropriation, yes. If it's a mistake, it's usually a civil liability matter (repaying the amount).

Can I pay back the money to avoid charges?

Repaying the funds is the best way to demonstrate lack of intent or remorse, which often leads to a plea bargain and avoiding prison.

Misappropriation or embezzlement (Article 182 of the Criminal Code of Georgia) is a crime involving the unlawful appropriation or alienation of another person's item or property right, provided that the item was legally entrusted to the offender. This is the main difference from theft — in the case of embezzlement, the person has access to the property (e.g., cashier, warehouse manager, director, accountant) but uses it illegally. "Misappropriation" means converting property into one's own ownership, while "embezzlement" means spending or alienating it illegally. This crime is common in the corporate and public sectors. The charge can be aggravated if the act is committed using an official position or in a large amount. The penalty provides for imprisonment for up to 11 years. The defense strategy requires a detailed audit of financial documentation to prove that the shortage was not caused by intentional misappropriation (e.g., natural loss, error, or fault of another person).

What does Embezzlement Defense service cover?

Lawyers specializing in white-collar crimes offer:

Forensic Accounting: Engaging independent auditors to determine the real causes and amount of the shortage. Prosecution audits are often inaccurate.
Analysis of official authority: Determining whether the property was truly "entrusted" to the accused in accordance with the law (material liability agreement).
Justifying the shortage: Proving that the spending served the company's interests and was not for personal gain (e.g., representation expenses).
Plea agreement: Reaching a plea agreement in exchange for compensation for damages, which often excludes a custodial sentence.
Distinguishing civil liability: Arguing that the case involves a labor-legal dispute and not criminal law.

Common Situations and Scenarios

Charges are often related to:

Cash shortage: A cashier or accountant is accused of missing funds.
Misuse of corporate cards: Covering personal expenses with a company card by a director.
Inventory shortage: Lack of goods in the warehouse during inventory.
Spending budget funds: Transferring funds without a tender or illegal issuance of bonuses by a public official.

Georgian Legislation and Legal Framework

Article 182 provides for strict punishment, especially if the case involves a large amount (more than 10,000 GEL). "Use of official position" is also an aggravating circumstance. In practice, it is crucial to determine whether the person had the intent to misappropriate. Often, documentary chaos or managerial error is incorrectly assessed as a crime. The lawyer's role is to distinguish this.

Service Delivery Process

The lawyer starts working by studying the company's internal documentation and audit report. If the shortage is real, the best strategy is restitution (returning the funds) at the investigation stage. This is the strongest argument for the court not to impose imprisonment.

Why choose a specialist on Legal.ge?

Embezzlement cases require a lawyer who understands accounting and finance. On Legal.ge, you will find specialists who work in tandem with auditors and can protect your interests during corporate crimes.