---
title: "Hacking Defense"
url: "https://legal.ge/en/service/crim-criminal-law-en/hacking-defense-en"
field: "Criminal Law"
description: "Legal defense for unauthorized access and computer hacking charges (Art. 284). Cyber lawyers on Legal.ge."
reviewed: "2026-07-09"
updated: "2026-10-14"
publisher: "legal.ge"
---

# Hacking Defense

> Source: legal.ge, https://legal.ge/en/service/crim-criminal-law-en/hacking-defense-en

Unauthorized access to a computer system, commonly known as "hacking," involves breaching any cybersecurity barrier and entering a closed system, server, or personal device without the owner's permission. In Georgia, this is regulated under **Article 284 of the Criminal Code**. The law is strict: the act of intrusion itself is punishable, regardless of whether data was stolen or destroyed. Hacking charges can be brought against professional cybercriminals as well as IT specialists, students, or curious individuals who attempted to "test" a system without authorization. This is a high-tech crime requiring specific technical knowledge for investigation and defense. Charges are often based on insufficient digital evidence or misinterpretation of IP addresses.

## What Does Hacking Defense Service Cover?

Lawyers available on Legal.ge offer qualified defense based on technical and legal analysis:

-   **Digital Forensics:** Verification of logs, IP addresses, and traffic analysis underlying the accusation by independent experts.
-   **Establishing Authorization Limits:** Arguing that the individual had some level of access (e.g., as an employee) and the act was not entirely "unauthorized."
-   **Ruling Out Technical Circumstances:** Proving that the accused's computer was itself infected with a virus (botnet) and the attack was launched without their will.
-   **Proving Lack of Intent:** Building a defense strategy around the fact that the intrusion was accidental or served no malicious purpose.
-   **Procedural Defense:** Ensuring legality during searches and seizure of computer equipment.

## Common Situations and Scenarios

Hacking charges are often related to:

-   **Wi-Fi Cracking:** Breaking into a neighbor's or office's secured network by cracking the password.
-   **Social Media Hacking:** Guessing passwords and logging into someone else's Facebook or Instagram profile.
-   **Corporate Systems:** A former employee using old passwords to access company databases.
-   **Website Defacement:** Changing the visual appearance of a site for hooligan or political motives.

## Georgian Legal Framework

**Article 284 of the Criminal Code of Georgia** provides for fines, correctional labor, or imprisonment for up to 2 years. If the act is committed by a group, repeatedly, or causes significant damage, the sentence increases to up to 5 years in prison. The **Law on Information Security** also applies. It is important to note that "ethical hacking" (Pentesting) is permissible only with the prior written consent of the system owner.

## Step-by-Step Service Process

The defense process includes:

-   **Audit:** Technical study of case materials.
-   **Evidence Gathering:** Finding alternative digital traces.
-   **Court Defense:** "Translating" technical terms (IP, MAC, SQL Injection) into language understandable for the court.

## Why Choose a Specialist on Legal.ge?

Cybercrime cases are unique. Traditional lawyers often lack the necessary technical competence. On Legal.ge, you will find lawyers specializing in IT law who can protect your freedom in the digital age.

### Which penalties does the first part of the article provide?

A fine, corrective labor for a term of up to two years, or imprisonment for a term of up to two years. This is the basic composition of the offense, without aggravating features.

### What changes under aggravating circumstances?

If the act is committed by a group with prior conspiracy, through use of an official position, more than once, or with significant damage, the penalty is a fine or corrective labor for up to two years, or imprisonment from two to five years.

### How large must the damage be to count as significant?

Under this chapter, significant means damage exceeding 2000 GEL, except for a case provided for by another norm of the Code. The prosecution establishes and documents the amount.

### What happens if the act targets a critical information system subject?

Then the penalty is imprisonment for a term of three to six years. The existence of that status must be separately confirmed in the case under the Law on Information Security.

### Is a defense possible against this charge?

Yes — the defense works on every element of the composition: the existence of access rights, the concept of the system, the damage calculation, the aggravating features, and the lawfulness of the evidence. Each of these directions is examined separately.