Kickback Defense (Commercial Bribery) — Article 221
Commercial bribery, commonly known as "kickbacks," is one of the most widespread economic crimes in the private sector. Article 221 of the Criminal Code of Georgia punishes both the bribe-taker (a person who accepts money or other benefits in exchange for a decision) and the bribe-giver. This crime differs from bribery of a public official (Article 338) as it occurs between private companies or NGOs. Although corruption in the private sector is often perceived as "part of business," the law treats it strictly: penalties include fines or imprisonment for up to 6 years. Defendants are often procurement managers, directors, or contractors who entered into a secret deal to expedite a transaction or win a tender. Defense in these cases requires deep analysis of financial transactions and verification of the legality of evidence (often covert recordings).
What Does This Service Cover?
Criminal defense lawyers listed on Legal.ge offer specialized defense for commercial bribery cases:
- Challenging Covert Surveillance: Kickback cases often rely on hidden video or audio recordings. The lawyer checks whether the investigation had a valid court order and followed procedural norms.
- Financial Forensics: Analyzing suspicious transactions to prove that the transferred funds were fees for legitimate services (e.g., consulting or marketing) and not a "kickback."
- Reclassification of Charges: The defense strategy may aim to reclassify the act from commercial bribery to a less severe crime, or even a civil dispute.
- Plea Bargaining: Negotiating with the prosecutor for a reduced sentence or probation, especially if the defendant cooperates with the investigation.
Common Scenarios and Real-World Situations
Commercial bribery cases often unfold in the following scenarios:
The first scenario is "Procurement Manager." An employee of a large company demands 10% of the contract value in cash from a supplier in exchange for signing the deal. The supplier contacts the police, and the handover is recorded by a hidden camera.
The second scenario is "Fictitious Consulting." Directors of two companies make a deal where the "kickback" is formalized as a consulting service agreement. The investigation examines whether the company actually provided this service.
The third case is "Tender Rigging." A company participating in a private tender offers money to a competitor to withdraw their bid or set a high price.
Georgian Legal Framework
Legal regulation:
- Criminal Code of Georgia: Article 221 (Commercial Bribery). Parts 1 and 2 apply to the giver, while Parts 3 and 4 apply to the recipient.
- Law on Accounting, Reporting and Auditing: Violations are often revealed during audits.
Service Process Step-by-Step
- Arrest or Indictment: Immediate involvement of a lawyer. Exercising the right to silence at the initial stage.
- Reviewing Evidence: The lawyer studies covert recordings and witness testimonies.
- Strategy Development: Deciding whether to confess and plea bargain or fight for acquittal (e.g., using the entrapment argument).
- Court Hearing: Fighting for a non-custodial sentence.
Why Use Legal.ge?
Kickback cases often contain elements of police entrapment, which is a strong defense argument. On Legal.ge, you will find lawyers experienced in economic crimes who know how to protect clients from baseless accusations or mitigate penalties. Find a trusted defender on Legal.ge.
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