Food Safety Violations Defense in Georgia | Legal.ge

FoodSafetyViolations

What counts as falsification?

Falsification is altering the quality of a product (e.g., adding water to milk) or deceptively selling it as another product, reducing its value to the consumer.

What is the maximum penalty for falsification?

Under Article 197 of the Criminal Code, if the act is committed repeatedly or in large quantities, the penalty can be up to 3 years in prison.

Can compensating damages relieve me of liability?

Compensating damages is a mitigating circumstance and can be grounds for a suspended sentence or a plea agreement.

Who conducts expertise in such cases?

Usually, the Samkharauli National Forensics Bureau, although the defense has the right to invite an alternative expert.

Introduction: Criminal Defense for Food Crimes
Violations of food safety rules involving falsification or the sale of harmful products go beyond administrative misconduct and constitute serious crimes. Georgian legislation strictly punishes actions that deceive consumers or endanger their lives. Charges of falsification or selling substandard products require immediate and aggressive legal defense, as not only fines are at stake, but also real imprisonment and confiscation of property. This service focuses directly on criminal cases where the accused needs defense against charges of falsification and distribution of harmful products.

What Does This Service Cover?
This service is designed for individuals and companies facing criminal prosecution for food-related crimes. The service includes:

Defense Against Falsification Charges: Representation in cases under Article 197 of the Criminal Code (Falsification), involving altering the properties or quantity of a product for deceptive purposes.
Defense for Selling Harmful Products: Advocacy in cases initiated under Article 198 of the Criminal Code, when the product caused or could have caused health damage.
Challenging Expertise Results: Critical analysis of state expert conclusions and conducting alternative, independent laboratory studies to refute the prosecution''s claims.
Compensation Issues: Negotiating with victims (consumers) regarding compensation for damages, which can be a basis for mitigating the sentence or a plea agreement.
Bail Hearings: Defending the accused in court during the determination of preventive measures to avoid pre-trial detention.

Common Situations and Scenarios
Criminal prosecution often begins in the following cases:

Label Fraud: Packaging a cheap product under an expensive brand name or altering expiration dates.
Prohibited Additives: Detecting substances in the product that are banned by Georgian legislation but used to improve the product''s visual appeal.
Baby Food Violations: The approach is particularly strict when violations are found in baby food products.
Group Crime: When falsification is committed by an organized group by prior agreement, which aggravates the punishment.

Georgian Legal Framework
The main legal instrument is the "Criminal Code of Georgia". Article 197 (Falsification) provides for liability for altering the quality or quantity of a product. Article 198 (Manufacture, import, or sale of products dangerous to human life or health) is a more serious crime. The "Law of Georgia on Consumer Rights Protection" and the "Code on Food/Feed Safety" are also relevant. In court practice, the expert conclusion confirming that the product was indeed falsified or harmful is crucial. The lawyer''s role is to question the methodology of the expertise and the correctness of sampling.

Step-by-Step Process
1. Indictment: The prosecution charges the person with falsification or sale of harmful products.
2. Exchange of Evidence: The lawyer receives case materials and begins their own investigation (interviewing witnesses, collecting documents).
3. Expertise: Complex commodity and chemical expertise is appointed.
4. Pre-trial Hearing: The lawyer files a motion to exclude inadmissible evidence.
5. Main Hearing: The trial where parties argue their positions.

Why Choose a Specialist on Legal.ge?
Food crimes require specific knowledge at the intersection of chemistry, biology, and law. On Legal.ge, you will find lawyers experienced in such complex cases. They know how to protect clients from baseless accusations and minimize legal risks. Do not leave your freedom to chance — find a professional on Legal.ge.