Illegal fishing, like hunting, is strictly controlled under Georgian law to protect aquatic bio-resources. This crime involves fishing in prohibited areas (e.g., spawning grounds), during prohibited times, or using banned methods. Using weapons of mass destruction — such as electric shock devices, explosives, or chemical substances — is considered a particularly serious offense. Article 300 of the Criminal Code of Georgia establishes criminal liability for illegal fishing if committed using the aforementioned methods or if it causes significant damage. Defendants often face not only fines or imprisonment but also the confiscation of expensive equipment (boats, engines, nets). Compensation for environmental damage often reaches tens of thousands of Lari, as the value of each fish is calculated using special tariffs.
What Does Illegal Fishing Defense Cover?
Lawyers on Legal.ge offer qualified assistance:
- Charge Reclassification: Arguing that the act does not contain elements of a criminal offense (e.g., no banned weapons were used) and should be classified as an administrative violation.
- Damage Calculation Expertise: Verifying the damage amount calculated by the state through alternative expertise, which may reduce liability.
- Defense Against Confiscation: Legal battle to recover floating vessels and equipment.
- Refuting Evidence on Electric Shock Devices: Determining whether the seized device was actually used in the specific incident.
- Plea Bargaining: Achieving case termination or sentence mitigation in exchange for damage compensation.
Common Situations and Scenarios
Charges are often related to:
- Electric Shock: Fishing with homemade electronic devices, which destroys not only fish but the entire aquatic ecosystem.
- Explosives: Using dynamite or other explosives.
- Prohibited Nets: Using fine-mesh or gillnets, especially during spawning seasons.
- Red List Fish: Hunting sturgeon species (sturgeon, beluga) or Black Sea salmon.
Georgian Legal Framework
Regulations are found in the Law on Wildlife and Article 300 of the Criminal Code. Criminal liability arises if fishing involves: 1) mass destruction methods; 2) motorized vehicles; 3) spawning grounds or migration routes; 4) reserves; 5) significant damage. Punishment includes fines or imprisonment for up to 3 years.
Step-by-Step Service Process
Lawyer involvement includes:
- Evidence Analysis: Checking species and quantity of seized fish.
- Legal Defense: Denying guilt or highlighting mitigating circumstances.
- Damage Compensation: Negotiating a payment plan with the state.
Why Choose a Specialist on Legal.ge?
Illegal fishing cases require detailed knowledge of environmental legislation. On Legal.ge, you will find lawyers who will help you avoid harsh penalties and protect your property from confiscation.
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