Making and Using Forged Documents — Article 362
The making, sale or use of a forged identity card or other official document, seal, stamp or blank is governed by Article 362 of the Criminal Code of Georgia. This norm protects the reliability of document circulation and in practice has a broad range: an apparently simple act — using someone else's document or acquiring a false certificate — falls under criminal liability. At the same time, the article carries special notes that entirely release separate categories from liability — and it is precisely the knowledge of these details that decides such a case.
Elements — Which Acts Are Punishable
Under the first part of the article it is punishable to make a forged identity card or other official document, seal, stamp or blank, as well as to acquire or store them for the purpose of sale or use, to sell them, or to use them. The composition is thereby realized in three forms: making, acquisition-storage, and sale or use — and each form requires separate establishment. A separate part of the law addresses the falsification of data or information entered on the corresponding blank in the supporter lists provided for by the Election Code, including one's own or a supporter's signature — this conduct is punished by a fine.
Penalty for the Basic Composition
For the conduct provided for by the first part the law provides a fine or imprisonment for a term of up to three years. The special composition connected with the falsification of a signature is punished by a fine. The choice of the form of penalty depends on the circumstances of the case, and the defense position rests precisely on whether any form of the crime can be substantiated on the concrete facts. At the same time, the comparatively low upper limit of the penalty means that the qualification assessment carried out at the very first stage of the case — under which part and in which form the charge was framed — is often decisive for the outcome: one and the same factual situation is described differently in the case materials, and the precise description — who did what and for what purpose — is the starting point from which every subsequent conclusion grows.
The Second Part — Aggravating Circumstances
Conduct provided for by the first or the following part is punished more severely — by imprisonment for a term of three to six years — when it is committed more than once or has caused significant damage. Both features require separate establishment: repetition presupposes a prior commission, and significant damage presupposes the documentary establishment of its amount, with the calculation of that amount resting on the prosecution.
The Notes — Who Is Released From Liability
The notes to the article contain several important exceptions. First — the article does not extend to a person who committed the conduct because of being a victim of trafficking in persons, before obtaining that status. Second — for conduct under this article a legal entity is punished by a fine, deprivation of the right to carry out activity, or liquidation and a fine. Third — a special release is intended for a foreigner or a stateless person who entered Georgia directly from a territory where they faced a danger provided for by the Law on International Protection: such a person is released from liability if they immediately, at the first opportunity, appeared before a state body, submitted an explanation regarding the unlawful entry into Georgia, and requested international protection, provided their conduct contains no signs of another crime. If a respective final decision establishes that the person does not need international protection, they are not released.
The Boundaries on Which the Defense Rests
The first boundary is the official character of the document: the norm concerns precisely an official document, seal, stamp or blank, and if the object of the dispute does not fall within this concept, the article does not apply. The second is the form of the conduct: whether it was made, acquired, stored, sold or used — each form must be established separately. The third is the aggravating features: repetition and significant damage. The fourth is the application of the notes: the status of a trafficking victim or the question of international protection can change the situation entirely. The rules for the allocation of punishment are defined by other norms of the Code.
How a Lawyer Can Help You
Such cases often revolve around a single document, and everything depends on the details: who, when and on which legal basis held the document, whether it was genuinely forged, who and how made it, and what damage this caused. A lawyer verifies all these questions at the level of evidence and works on each element separately — from the composition to the notes. Contact us — we will review your situation in confidence, assess every circumstance of your case, and re-verify every element on which the construction of the charges rests, including the questions connected with the notes to the article.