Money Laundering
The central figure in financial crime investigations is the legalisation of illegal income — giving a lawful form to illegal or unjustified property, with the aim of concealing or disguising its true nature, source of origin, location, placement, movement or ownership. The first part of this offence is punished by a fine or imprisonment for three to six years. The same act committed by a group or repeatedly, or accompanied by the receipt of income in large amount, is punished by six to nine years. Committed by an organised group, through the use of official position, accompanied by income in a particularly large amount, or for the purpose of activity on a political question connected with Georgia, it is punished by nine to twelve years. The law treats as a large amount income from thirty thousand to fifty thousand GEL, and as a particularly large amount income above fifty thousand GEL. For a legal person, liquidation or deprivation of the right to conduct activity and a fine are contemplated.
Unlawful Receipt of Credit
A separate direction is the unlawful receipt of credit: providing a bank or another creditor with false information about one's economic or financial condition for the purpose of obtaining credit, increasing its amount or obtaining credit on favourable terms, as well as using a targeted credit contrary to its designated purpose, where significant damage was caused. This act is punished by a fine or house arrest for six months to two years, or imprisonment for two to five years. The unlawful receipt of a state targeted credit or its use contrary to the designated purpose, causing significant damage, is punished by a fine or imprisonment for five to eight years. For the investigation of these parts, the content of the false information and the establishment of the significance of the damage are decisive, because without significant damage the composition itself does not arise.
Forged Cards and Payment Documents
A distinct composition is the making or acquisition, for the purpose of sale or use, of a forged credit or settlement card, another payment document or a document confirming property authority that is not a security, as well as its sale or use. The first part contemplates a fine, or corrective work for up to two years, or house arrest for six months to two years, or imprisonment for two to four years, while an act committed by a group or repeatedly carries a fine or imprisonment for four to seven years. Investigating this family of offences is technically complex: it requires the analysis of banking document circulation, electronic payments and chains of counterparties.
Counterfeit Money
The making, acquisition, keeping for the purpose of sale, or sale of a counterfeit banknote, metal coin, security or currency is punished by imprisonment for four to seven years. The same act committed in large amount, by a person previously convicted of such an offence, or by a group by prior conspiracy, is punished by seven to ten years, and by an organised group — by ten to fifteen years. The unlawful making, acquisition, keeping or transportation for the purpose of sale of printing forms, matrices, paper, paint and other items intended for counterfeiting is punished by two to five years. Under this article a large amount is counterfeit money or a security whose quantitative indicator exceeds ten thousand GEL.
Defense Directions at the Investigation Stage
In financial crime cases the accusation is, as a rule, built on a chain of documents, so the defense work begins with establishing which part and which sign the charge is tied to and whether the evidence proves those signs. Justification of the origin of property, the qualification of the significance and amount of damage, the verification of the signs of grouping and repetition — these are the questions on which the measure of punishment directly depends. Correct identification of each element determines which part's sanction applies, which is why engaging a lawyer at the early stage of the investigation is decisive.
The tiers of sanctions escalate through statutory aggravating features — group commission, repetition and large amounts — fixed separately within each offence.
Frequently Asked Questions
What counts as a large amount in laundering cases?
Income from thirty thousand to fifty thousand GEL; a particularly large amount is income above fifty thousand GEL.
What punishment threatens the sale of counterfeit money?
Imprisonment for four to seven years; with a large amount, a prior conviction or a group — seven to ten years; by an organised group — ten to fifteen years.
When is obtaining credit a crime?
When false information about one's condition is given to the creditor or a targeted credit is used contrary to its purpose, and significant damage was caused.
How We Help on Legal.ge
Financial crime investigations are built on documents, amounts and the nuances of qualification. Our team will help you assess the scope of the charge, form the defense position and prepare arguments for minimising the punishment. Contact us for an assessment tailored to your situation.