False Statement Defense Lawyer in Georgia | Legal.ge

FalseStatementDefense

Is being mistaken a crime?

No, reporting a crime based on a reasonable suspicion that turns out to be false is not a crime. False denunciation requires knowing it was a lie beforehand.

False Denunciation vs. Defamation?

False denunciation involves reporting a crime to authorities (criminal offense). Defamation involves damaging someone's reputation publicly (civil matter).

What if I withdraw the complaint?

Withdrawing a complaint might mitigate the situation, but if the false report already wasted police resources or harmed someone, charges can still be brought.

Penalty for planting evidence?

If false denunciation is accompanied by creating fake evidence, it is an aggravated offense punishable by 4 to 6 years in prison.

False Statement Defense (Article 373): Protection Against False Denunciation Charges

Reporting a fake crime, known as false denunciation, is a serious offense that harms both the individual accused and state resources, as police waste time investigating non-existent crimes. Article 373 of the Criminal Code of Georgia punishes a person who provides information about a crime to law enforcement while knowing for certain that this information is false. Unlike perjury (Article 370), which involves giving testimony in an ongoing case, false denunciation involves initiating proceedings with fake information. This can be motivated by revenge, personal gain, or covering up one's own crime.

Legal.ge offers lawyers who will protect your interests if you are charged with false denunciation. Our experts will examine the case and prove that your actions did not contain criminal intent or were an honest mistake.

What Does False Statement Defense Service Cover?

The lawyer's service focuses on refuting intent:

Proving Mistake: Showing that the person genuinely believed the information was correct, even if it later turned out to be false. An honest mistake is not punishable.
Source Investigation: Determining where the person got the information. If they were misled, they are not liable.
"Knowing for Certain" Criteria: Building a defense on the fact that the prosecution failed to prove the person knew it was a lie at the moment of reporting.
Reclassification: Mitigating charges if the denunciation was not regarding a serious crime.

Common Scenarios

Charges often arise in the following cases:

Revenge: Filing a police report against an ex-spouse or partner based on fabricated facts (e.g., domestic violence).
Insurance Fraud: Reporting a car or item theft to the police (which did not actually happen) to claim insurance money.
Covering Up Own Crime: Telling police a car was stolen to cover up a hit-and-run accident committed by the owner.

Georgian Legal Framework

Article 373 of the Criminal Code provides for penalties ranging from a fine to imprisonment (2 to 4 years). If the denunciation concerns a serious or particularly serious crime, or if it is accompanied by the artificial creation of evidence, the punishment is stricter. The law requires that the person knows the information is false when making the statement. Approaching the police based on suspicion that is not later confirmed does not constitute false denunciation.

Steps in the Process with a Specialist

Working with a lawyer includes:

Statement Analysis: Reviewing the specific information provided to the police.
Fact Checking: Assessing if there was a real basis for suspicion.
Lack of Motive: Proving the person had no motive to lie.
Court: Defending against charges during the trial.

Why Legal.ge?

Charges of false denunciation often result from statements made under emotional stress. Legal.ge connects you with lawyers who will help you prove that your goal was not to mislead justice.