The Concept of Espionage Under Article 314
Espionage is one of the gravest crimes in the criminal law of Georgia, touching the external security of the state. Article 314 of the Code defines espionage as the collection, storage, or transfer to a foreign country, a foreign organization, or their representative of an item, document, report, or other data containing a state secret of Georgia, as well as extortion or abduction with the aim of transferring them. The provision also covers the collection or transfer of other information to the detriment of the interests of Georgia on the assignment of the intelligence service of a foreign country. This means that the scope of the crime is broad: it concerns both data containing state secrets and information that a foreign intelligence service collects on its own assignment. An accusation under this article confronts a person not only with the legislation of Georgia but also with the principles of interstate relations recognized in international practice, which is why such cases must always proceed with particular care and with professional defense from the outset.