Espionage Defense (Article 314)
Espionage (Article 314 of the Criminal Code) is a crime charged exclusively against foreign citizens or stateless persons. The offense involves collecting, keeping, or handing over to a foreign country information containing state secrets of Georgia, or transferring other information to the detriment of Georgia''s interests upon the instructions of foreign intelligence. This is a classic counter-intelligence crime investigated by the State Security Service (SUS). The penalty involves imprisonment from 8 to 12 years, and in aggravated cases, even longer. Often, the accused are foreign journalists, NGO workers, or diplomats whose activities were deemed suspicious by counter-intelligence. Since these cases are classified, the accused needs a lawyer who can work with secret materials and defend the client amidst potential international scandals.
What Does This Service Cover?
Specialists listed on Legal.ge offer high-qualified defense for espionage charges:
- Consular Protection: Immediately upon the detention of a foreign citizen, the lawyer ensures communication with the relevant embassy and consul, a right guaranteed by international law.
- Analysis of Classified Evidence: The lawyer studies the materials forming the basis of the charges (intelligence data, covert recordings) and looks for procedural violations.
- Determining Information Status: The defense strategy often relies on proving that the collected information was not a "state secret" but data available in open sources.
- Exchange Negotiations: In espionage cases, political negotiations for prisoner exchanges are common. The lawyer acts as an intermediary to ensure legal procedures are followed correctly.
Common Scenarios and Real-World Situations
Espionage charges can be complex:
The first scenario is "Journalistic Activity." A foreign journalist takes photos of strategic objects (military bases, ports) for a report. Counter-intelligence assesses this as collecting intelligence data.
The second scenario is "Expert Research." A researcher from a foreign fund collects economic or energy data that may unintentionally contain state secrets.
The third case is "Agent Network." Direct accusations of collaborating with foreign special services and executing specific tasks.
Georgian Legal Framework
Key regulatory acts:
- Criminal Code of Georgia: Article 314 (Espionage).
- Vienna Convention on Consular Relations: Ensures the right of a detained foreigner to contact their country''s representation.
- Law on Counter-Intelligence Activities: Defines the methods by which SUS collects evidence against spies.
Service Process Step-by-Step
- Detention and Consular Notification: The lawyer immediately requests that the embassy be informed.
- Security Clearance: The lawyer obtains access to case files through a special procedure.
- Evidence Assessment: Determining if the information was truly secret. IT forensics may be appointed.
- Court Process: Closed hearings where the defense tries to refute the charges or achieve deportation instead of imprisonment.
Why Use Legal.ge?
Espionage charges require a lawyer familiar with both criminal law and international diplomatic protocols. Legal.ge allows you to find specialists experienced in defending foreign citizens in high-profile security cases. Our platform helps you find qualified legal support in the most difficult situations.
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