Misappropriation (Article 182 of the Criminal Code of Georgia) is a crime involving the unlawful conversion of another person's item or property right into one's own ownership, when such item was legally entrusted to the offender. Unlike embezzlement (where property is spent), in misappropriation, the person retains the property (e.g., taking home office equipment, not returning a rented car). This act is common in labor relations, warehouse management, or leasing agreements. Charges can be brought against a warehouse manager, forwarder, cashier, or any person with material liability. The punishment is severe, especially in cases involving large amounts or the use of official position. The defense strategy often relies on proving that the possession of the property was lawful (e.g., there was an agreement for temporary use) and there was no intent to convert it into ownership.
What does Misappropriation Defense service cover?
Criminal defense lawyers offer:
- Justifying lawful possession: Presenting evidence that the person had the property for temporary use and intended to return it (lack of intent).
- Checking material liability documents: Verifying whether the property was officially handed over to the accused (acceptance-delivery acts).
- Alternative explanation of shortage: Arguing that the shortage was caused by natural wear and tear, theft by a third party, or accounting error.
- Distinguishing civil dispute: Arguing that the dispute concerns a breach of contract terms (e.g., non-payment of lease) and not a criminal offense.
- Plea agreement: Termination of the case or achieving a lighter sentence in exchange for returning the property.
Common Situations and Scenarios
Misappropriation charges are often related to:
- Misappropriation of office equipment: Failure to return a laptop, phone, or tools after leaving a job.
- Shortage of distribution goods: A forwarder is accused of misappropriating goods or money.
- Failure to return rented property: Keeping a car or construction equipment after the lease term ends.
- Misappropriation of cash: A cashier pocketing money.
Georgian Legislation and Legal Framework
Article 182 provides for fines, house arrest, or imprisonment. Misappropriation is considered complete from the moment the person begins to dispose of another's item as their own. The lawyer's main task is to prove that the possession of the item continued on a legal basis (e.g., with the director's verbal permission) or the delay was caused by objective reasons.
Service Delivery Process
The lawyer studies contracts and inventory acts. If the property still exists, returning it immediately is the best defense. This often negates the intent of misappropriation and turns the case into a civil dispute.
Why choose a specialist on Legal.ge?
Misappropriation cases require a detail-oriented approach. On Legal.ge, you will find lawyers who know how to defend employees and materially liable persons from baseless accusations.
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