Evasion of appearance by a witness or victim is a criminal offense that obstructs the administration of justice. Under Georgian law, if a person is properly summoned to give testimony before an investigative body or court and fails to appear without a valid reason, they may face criminal liability. This crime is particularly problematic for individuals who fear testifying, are abroad, or simply do not wish to participate in the process. Legal.ge offers lawyers who will help you understand your rights and obligations, substantiate valid reasons for non-appearance, and avoid criminal prosecution.
What Does Failure to Appear Defense Service Cover?
Lawyer assistance aims to protect the legitimate interests of the person. Services include:
- Documenting Valid Reasons: Collecting and presenting evidence of illness, business trips, or other objective circumstances.
- Checking Summons Legality: Determining whether the summons was delivered personally to the addressee in accordance with the law. If not properly served, liability does not arise.
- Organizing Remote Interrogation: If the person is in another city or abroad, filing a motion for remote (video) interrogation.
- Protection from Forced Appearance: Taking preventive measures to avoid the person being forcibly brought by police.
Real-World Scenarios When You Need This Service
Charges can arise from:
- Being Abroad: A witness is an immigrant and cannot travel to court.
- Fear and Pressure: A witness is afraid to testify due to fear of retaliation from the accused.
- Ignoring Summons: A person thinks ignoring the summons will solve the problem, which is a mistake.
Georgian Legal Framework and Regulations
Evasion of appearance is punishable under Article 371 of the Criminal Code of Georgia. The law provides for a fine or community service. A lawyer will help you prove that the evasion was not "intentional" and there were objective hindering circumstances.
Service Process
Working with a lawyer on Legal.ge involves:
- Consultation: Clarifying the status of the summons.
- Communication: Contacting the investigator or judge to explain reasons.
- Alternative: Agreeing on an alternative time or form of interrogation.
Why Choose Legal.ge?
Ignoring a summons can lead to unwanted criminal consequences. Our lawyers will resolve the issue legally and protect you from unnecessary complications.
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