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Gang Membership

Difference between a gang and a criminal group?

A gang is necessarily armed and created for attacks. An ordinary criminal group may not be armed.

What is the penalty for gang membership?

Gang membership is punishable by 6 to 9 years in prison. Leadership carries 9 to 15 years.

Is it necessary to carry out an attack?

No, creating a gang is a crime in itself, even if they have not yet carried out an attack.

Will I be exempt if I surrender weapons?

Yes, if you voluntarily surrender, hand over weapons, and cooperate with the investigation (before committing a crime), you will be exempted from liability.

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Gang Membership Defense (Article 224): Defending Against Organized Crime Charges

Banditry and membership in an armed gang are particularly serious crimes under Georgian legislation. Article 224 of the Criminal Code punishes the creation of or participation in an armed gang aimed at attacking citizens or organizations. A gang differs from other group crimes by its stability, armament, and criminal purpose. Charges often arise when law enforcement detains a group of people and finds weapons. However, not every group crime is banditry. The prosecution must prove the group's stability and prior agreement. The defense's task is to refute this qualification and prove that the accused was not a member of the gang or was unaware of the group's armed objectives.

Legal.ge offers lawyers specializing in banditry and armed formation cases. Our experts will help you choose the right legal strategy and defend you in court.

What Does Gang Membership Defense Service Cover?

The lawyer's service focuses on changing the qualification and refuting charges:

  • Refuting Signs of a "Gang": A gang requires three signs: armament, stability, and organization. The lawyer will try to prove that the group did not meet these criteria (e.g., it was a spontaneous gathering).
  • Excluding Connection to Weapons: The defense will attempt to prove that the accused did not know about the existence of weapons or that the weapons were not intended for crime.
  • Highlighting Individual Role: Assessing the specific person's actions instead of group liability (e.g., they were just a driver and did not know about the crime).
  • Legality of Evidence: Checking the legality of weapon seizure protocols and searches.
  • Jury Trial: Trying the case before a jury, which is often more favorable for the defense.

Common Scenarios

Charges are often related to:

  • Group Robbery: When several individuals attack an object with weapons.
  • Illegal Formation: Creating an armed group (e.g., for protection, but illegally).
  • Weapon Transport: Transporting weapons by a group.

Georgian Legal Framework

Article 224 of the Criminal Code provides for imprisonment of 6 to 9 years for participation in a gang, and 9 to 15 years for creating or leading a gang. This is a particularly serious crime. A gang is considered a stable armed group of two or more people. Unlike "group robbery," in banditry, it is not necessary to carry out a specific attack; creating the gang itself is punishable.

Steps in the Process with a Specialist

Working with a lawyer includes:

  1. Case Analysis: Studying the indictment.
  2. Strategy: Changing qualification (e.g., from Article 224 to Article 179 - Robbery).
  3. Evidence: Confirming alibis and interviewing witnesses.
  4. Court: Defense during the trial.

Why Legal.ge?

Banditry charges are often difficult for the prosecution to prove if the defense is built correctly. Legal.ge connects you with lawyers who know how to use the nuances of legislation in your favor.

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