The making, selling, or using of a forged document (Article 362 of the Criminal Code of Georgia) is one of the most common crimes, often leading to serious legal consequences. Although some parts of society may perceive document forgery as a minor misconduct, legislation treats it strictly as it threatens the trustworthiness of civil circulation and the order of state governance. Charges can relate to official documents (passports, diplomas, driver's licenses) as well as private documents that grant rights or release a person from duties. Criminal liability applies not only to the direct creator of the document but also to the person who knowingly used the fake document to achieve a goal. Effective defense in such cases requires specific expertise and legal knowledge to determine the existence of intent and the degree of document forgery.
What does Forgery Defense service cover?
Lawyers working on this category of cases offer clients multifaceted services:
- Appointment of technical document expertise: Conducting alternative expertise to determine whether the document is truly fake or by whom the signature/entry was made.
- Proving lack of intent: Building a defense strategy based on the fact that the client did not know about the falsity of the document and used it in good faith.
- Analysis of procedural documents: Checking the legality of search and seizure protocols to exclude illegally obtained evidence.
- Requalification of the act: Working to have the act assessed not as a criminal offense but as an administrative misconduct or civil dispute.
- Plea agreement: Negotiating with the Prosecutor's Office regarding mitigation of sentence, suspended sentence, or diversion (closing the case without a criminal record).
Common Situations and Scenarios
Charges of using fake documents are often found in the following situations:
- Fake diplomas and certificates: Presenting a fake educational document for employment purposes.
- Forged driver's license: Presenting a fake license to patrol police while driving.
- Banking documentation: Forging a salary certificate or statement to obtain a loan (often qualified together with illegal obtaining of credit).
- Border crossing: Forging stamps or visas in a passport.
- Property disputes: Forging a will, power of attorney, or purchase agreement to acquire property.
Georgian Legislation and Legal Framework
The main regulatory norm is Article 362 of the Criminal Code. The law distinguishes between making, selling, and using a forged document. The sanction ranges from a fine to imprisonment for up to 3 years, and if the act caused significant damage or was committed repeatedly — from 3 to 6 years. It is important to note that the law also provides for liability for official forgery (Article 341), which applies to public officials. Expert conclusions (handwriting, technical) play a decisive role in these cases. The lawyer's goal is to question the prosecution's expertise or prove that the accused was misled regarding the authenticity of the document.
Service Delivery Process
Defense begins with a detailed study of the case materials. The lawyer investigates how the document came into the client's possession and whether they had a motive for forgery. Often, when dealing with a less serious crime and a first-time offender, it is possible to use the diversion mechanism, which involves terminating the case in exchange for certain conditions (e.g., paying a fine, community service). If the case goes to court, the lawyer interrogates witnesses and presents alternative evidence.
Why choose a specialist on Legal.ge?
Forgery cases require a detail-oriented approach and knowledge of expertise specifics. On Legal.ge, you will find lawyers with experience in both criminal and civil law, which is essential for complex defense. Incorrect defense can lead to a criminal record, which will subsequently hinder career advancement. Find a qualified defender on our platform.
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