Abuse of Official Authority (Article 332) and Exceeding Official Powers (Article 333) are classic official crimes often used against public servants. The distinction between these two articles is substantial: abuse involves using an official's legal authority for personal or others' goals (e.g., promoting a relative), while exceeding means committing an act that the official had no right to do at all (e.g., use of force by a police officer when there were no grounds). Charges for these crimes are often politicized or used to remove unwanted personnel. To prove the charge, the prosecution must confirm that the act caused substantial damage. The interpretation of the concept of "substantial damage" is the main battlefield for the defense. A qualified lawyer can prove that the official acted within the framework of the law or that the damage was not substantial.
What does Misconduct in Office Defense service cover?
Lawyers working on this category of cases offer:
- Defining the scope of authority: Analyzing official instructions and regulations to determine whether the official had the right to make a specific decision.
- Justifying discretion: Proving that the decision made fell within the official's discretionary powers and did not constitute a violation of the law.
- Proving absence of damage: If state interests were not harmed, the act cannot be qualified as a criminal offense (except for cases of violence).
- Defense for police and law enforcement officers: Specialized defense against charges under Article 333, Part 3 (Violence).
- Acquittal: Achieving full acquittal due to the absence of corpus delicti.
Common Situations and Scenarios
Charges are often related to:
- Illegal orders: Giving a subordinate an assignment that exceeds the limits of the law.
- Privileges: Giving preference to a specific company or person when providing state services.
- Excessive force: Use of disproportionate force by law enforcement officers during arrest.
- Political persecution: Prosecuting representatives of the previous government for their political decisions.
Georgian Legislation and Legal Framework
Articles 332 and 333 are the cornerstones of the Criminal Code of Georgia regarding official crimes. Article 333, Part 3 (Exceeding powers with violence) is a particularly serious crime and carries a prison sentence of 5 to 8 years. The practice of the Constitutional Court and the Supreme Court, which interprets the standard of "substantial damage," is important. The lawyer must use the Administrative Code and departmental acts to prove the legality of the official's action.
Service Delivery Process
Defense begins with reconstructing the facts. The lawyer requests internal correspondence, orders, and protocols. If the case involves violence, body camera recordings are checked. The strategy is often based on arguing that the official acted in a state of "extreme necessity" or was following a superior's order (unless the order was manifestly illegal).
Why choose a specialist on Legal.ge?
Official misconduct crimes require a lawyer who is not afraid to confront the system. Legal.ge features experienced criminal law specialists who have a successful track record in similar cases. Protect your dignity and career with the help of professionals.
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