Evidence Tampering Defense Lawyer | Legal.ge

EvidenceTamperingDefense

What counts as tampering?

Tampering includes altering documents, planting fake evidence, editing recordings, or physically changing an object relevant to a legal case.

Is it a crime in civil cases?

Yes, falsifying evidence in a civil or administrative dispute is a crime under Article 369, though the penalty is lighter than in criminal cases.

Can digital evidence be tampered with?

Yes, editing metadata, cutting videos, or photoshopping images are common forms of digital tampering. Forensic analysis can detect this.

Penalty for police planting drugs?

This is a severe form of evidence tampering (often combined with abuse of power) and carries a prison sentence of up to 7 years or more.

Evidence Tampering Defense (Article 369): Protection and Expertise

The reliability of evidence is the cornerstone of a fair trial. Evidence tampering, or creating fake evidence or distorting genuine evidence, is a serious crime punishable under Article 369 of the Criminal Code of Georgia. This article distinguishes between tampering in civil/administrative cases and criminal cases. The harshest punishment is reserved for tampering with evidence in a criminal case, especially if committed by an investigator, prosecutor, or defense attorney. Charges may involve forging documents, editing photo/video material, planting evidence, or artificially creating traces. In such cases, the role of expertise is decisive in confirming or refuting the fact of tampering.

Legal.ge offers lawyers specializing in complex procedural disputes. Our experts will help you conduct alternative expertise and protect your reputation against charges of falsification.

What Does Evidence Tampering Defense Service Cover?

The service focuses on technical and legal analysis:

Expert Report Review: Critically analyzing the prosecution's expertise results and identifying flaws.
Alternative Expertise: Engaging independent experts to determine document age, handwriting authenticity, or digital file integrity.
Chain of Custody Check: Investigating who had access to the evidence from its collection to its presentation in court. A break in the chain suggests tampering.
Lack of Motive: Building a defense on the fact that the person had no motive to falsify the evidence.

Common Scenarios

Charges often relate to:

Document Forgery: Altering dates or content of contracts, certificates, or protocols.
Planting Evidence: Planting drugs or weapons on someone to stage a crime.
Digital Manipulation: Editing video recordings or modifying audio files.

Georgian Legal Framework

Article 369 of the Criminal Code categorizes the crime by severity. Tampering in a civil case is punished less severely (fine or corrective labor), while in a criminal case, it is punishable by imprisonment from 3 to 7 years. If tampering is committed by a public official, it is an aggravating circumstance. The defense must prove that the evidence is authentic or that any alteration was not intended to influence the outcome of the case.

Steps in the Process with a Specialist

Working with a lawyer involves:

Evidence Examination: Visual and content check of the disputed document or item.
Engaging Experts: Trace, graphic, or computer expertise.
Witnesses: Interviewing persons present during evidence collection.
Court: Refuting tampering charges in court.

Why Legal.ge?

Tampering cases require specific technical knowledge and good contacts with experts. Legal.ge connects you with lawyers who can defend your truth using scientific methods.