Licensing Violations and Illegal Entrepreneurship Defense
In Georgia, certain activities (e.g., medical, construction, energy, gambling, mining) require a special state license or permit. Operating without this document or violating license conditions leads to severe legal consequences. This can range from substantial administrative fines to criminal liability for "illegal entrepreneurial activity." Businesses often face problems due to license expiration, misinterpretation of conditions, or bureaucratic barriers, which ultimately threaten their operations.
Cases involving licensing violations require specific industry knowledge. The lawyer must understand not only criminal law but also the regulations of the specific sector (e.g., medicine, energy). The defense strategy is often based on proving that the violation was formal in nature and did not cause substantial harm, or that the company acted in good faith while awaiting the permit.
What Does Defense Against Licensing Violations Cover?
Corporate and criminal defense lawyers on Legal.ge offer protection for:
- Illegal Entrepreneurial Activity (Art. 192): Defense in criminal cases where charges involve operating without a license, resulting in significant damage or income.
- Administrative Disputes: Appealing fines imposed by regulatory bodies (e.g., Communications Commission, Environmental Agency).
- Compliance Audit: Checking company operations against licensing conditions and issuing recommendations to prevent violations.
- License Restoration: Legal support in the process of restoring a revoked or suspended license.
Common Situations and Real-World Scenarios
Licensing issues often arise in:
- Medical Practice: A doctor or clinic continues working after the license expires or performs procedures not covered by their permit.
- Gambling Business: Operating an online casino or betting shop without the appropriate permit, considered a serious economic crime.
- Mining: Extracting resources outside the licensed area or without a license.
- Pharmaceutical Activity: Selling banned or unregistered medications in a pharmacy.
Georgian Legislation and Legal Framework
The main regulation is the Law on Licenses and Permits. Criminal liability is defined by Article 192 of the Criminal Code (Illegal Entrepreneurial Activity). If the act caused significant damage or generated a large income, it is punishable by a fine or imprisonment for 1 to 3 years (3 to 5 years for organized groups). Additionally, sector-specific laws apply. The lawyer''s goal is to prove that the act did not contain signs of a criminal offense and should remain within the administrative scope.
Process: What to Expect When Working with a Specialist
Involving a lawyer immediately upon the start of an inspection (audit) is critical. The lawyer will attend searches and document seizures conducted by the financial police or regulator. They will study the company''s financial records and license status. If the case moves to criminal proceedings, the lawyer will try to prove that the income generated was not criminally obtained or did not exceed the statutory threshold. A plea agreement in exchange for a fine is often possible.
Why Choose Legal.ge?
Licensing disputes threaten the very existence of a business. Legal.ge offers lawyers with deep knowledge of economic crimes and administrative law. They will help you protect your business and avoid criminal prosecution. Find a qualified defender on Legal.ge.
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