Fraud (Article 180 of the Criminal Code of Georgia) is a crime involving taking possession of another person's item or acquiring property rights through deceit. This is one of the most complex and diverse crimes, which can range from street scams to complex financial pyramids, online schemes, and real estate machinations. The key element of fraud is "deceit" — misleading the victim, as a result of which they voluntarily hand over property to the offender. Often, civil disputes (e.g., failure to repay a debt or breach of contract terms) are incorrectly qualified as fraud. This creates a serious threat for the accused, as fraud carries penalties of fines or imprisonment for up to 10 years. The cornerstone of the defense strategy is proving that the accused did not have the intent to misappropriate at the moment of entering into the transaction and that the failure to fulfill the obligation was caused by objective circumstances.
What does Fraud Defense service cover?
Lawyers on our platform offer:
- Distinguishing from civil disputes: Proving that the case concerns a contractual dispute and not a criminal offense (e.g., inability to repay a loan due to business failure).
- Proving lack of intent: Collecting evidence that the client intended to fulfill the obligation but was prevented by circumstances.
- Analysis of financial transactions: Studying bank statements and documentation to trace the movement of funds.
- Negotiation with the victim: Agreeing on a schedule for compensation of damages, which often leads to the termination of the case or a plea agreement.
- Defense against online fraud charges: Expertise of digital evidence in fraud cases with cybercrime elements.
Common Situations and Scenarios
Fraud charges are often related to:
- Debt repayment issues: Borrowing money and failing to repay, where the creditor claims the borrower never intended to pay back.
- Real estate scams: Selling an apartment twice or transferring property with fake documents.
- Employment schemes: Taking money under the promise of employment abroad or visa processing.
- Online trading: Receiving money and not sending the item.
Georgian Legislation and Legal Framework
Article 180 (Fraud) distinguishes the crime based on the amount of damage. "Significant damage" (more than 150 GEL) and "large amount" (more than 10,000 GEL) lead to stricter penalties. Group fraud is punished particularly severely. In practice, drawing the line between obligations regulated by the Civil Code and fraud is common. According to the Supreme Court, mere failure to fulfill an obligation does not constitute fraud; the fact of deceit at the moment of receiving the money must be proven.
Service Delivery Process
The lawyer first studies the agreement between the parties (contract, correspondence). If there was partial payment or an attempt to fulfill the obligation, this is a strong argument for the defense. The lawyer negotiates with the Prosecutor's Office to avoid imprisonment conditional on compensation for damages.
Why choose a specialist on Legal.ge?
Fraud cases require a lawyer who is well-versed in both criminal and business law. Specialists represented on Legal.ge will help you prove your truth and avoid unjust accusations.
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