--- title: "Obstruction of Justice Defense" url: "https://legal.ge/en/service/crim-criminal-law-en/obstruction-of-justice-defense-141-en" field: "Criminal Law" description: "Legal defense for obstruction of justice charges (Art. 364) in Georgia. Expert criminal lawyers to protect your rights. Find help on Legal.ge." reviewed: "2026-07-09" updated: "2026-10-14" publisher: "legal.ge" --- # Obstruction of Justice Defense > Source: legal.ge, https://legal.ge/en/service/crim-criminal-law-en/obstruction-of-justice-defense-141-en **Obstruction of Justice Defense (Article 364): Legal Strategy and Protection** The administration of justice is a core function of the state, and the law strictly protects the integrity of judicial and investigative processes. Article 364 of the Criminal Code of Georgia establishes liability for obstructing the administration of justice or investigation. This crime encompasses any act aimed at delaying, disrupting, or distorting the results of a court proceeding, preliminary investigation, or enforcement. Charges can be brought against participants in the process (defendants, witnesses) as well as third parties trying to influence the outcome of a case. Often, citizens do not realize that actions such as hiding evidence, refusing to testify (in certain cases), or providing false information to an investigator can lead to criminal prosecution. Legal.ge offers qualified criminal defense lawyers specializing in crimes against justice. Our experts will help you navigate complex legal nuances and develop an effective defense strategy. ### What Does Obstruction of Justice Defense Service Cover? Legal services cover all stages of criminal proceedings: - **Legal Analysis of Actions:** Determining whether the person's conduct constitutes a crime. Many actions that hinder an investigation may be unethical but not criminally punishable. - **Excluding Intent (Mens Rea):** Article 364 requires direct intent. The lawyer will work to prove that the act was negligent or caused by mistake, rather than an intent to obstruct justice. - **Drafting Procedural Documents:** Preparing motions, complaints, and statements for investigative bodies and the court. - **Evidence Gathering:** Collecting alternative evidence (witnesses, video recordings, expertise) to support the defendant's position. - **Court Representation:** Defending during preventive measure hearings and trial on the merits. ### Common Scenarios and Risks Charges often relate to the following circumstances: - **Destruction of Evidence:** Destroying or hiding weapons, documents, or electronic files. - **Pressure on Process Participants:** Threatening or blackmaiing a prosecutor, investigator, or court employee. - **Disrupting Court Hearings:** Gross violation of order in the courtroom, making it impossible to continue proceedings. - **Misleading Investigation:** Deliberately creating false leads to divert police attention. ### Georgian Legal Framework **Article 364 of the Criminal Code of Georgia** provides for liability for obstructing justice during court proceedings or preliminary investigation. The punishment depends on the type of case (civil, administrative, or criminal) in which the obstruction occurred. Obstruction in a criminal case is punished more severely — by a fine, community service, or imprisonment for up to 3 years. If the act is committed using an official position, the penalty increases. It is crucial for the defense to distinguish criminal obstruction from contempt of court (which is punishable administratively). ### Steps in the Process with a Specialist Working with a lawyer involves: 1. **Consultation:** Reviewing case details and providing initial advice. 2. **Strategy:** Developing a defense tactic (silence, confession, active defense). 3. **Negotiation:** Communicating with the prosecutor regarding a plea bargain or diversion (for first-time offenders). 4. **Result:** Concluding the case with an acquittal or minimum sentence. ### Why Legal.ge? Crimes against justice are a matter of principle for the system, so the prosecution is often uncompromising. Legal.ge gives you access to experienced lawyers who can protect your interests when facing the system and ensure fair justice. ### What does Article 364 protect? It protects the unhindered administration of justice, investigation and defense: unlawful interference with the corresponding aim in the activity of a prosecutor, investigator or advocate, gross interference in a court's activity and unlawful interference in a juror's activity are punished under this article. ### What is the difference between parts 3 and 4? Part 3 concerns only gross interference in a court's activity and requires the status of a person holding a state-political office – the penalty is one to three years. Part 4 covers all forms where the act is committed by using an official position – two to four years. ### What penalty applies to interference in an advocate's activity? Unlawful interference with the aim of obstructing the conduct of the defense is punished by a fine, community service from one hundred and eighty to two hundred and forty hours, or imprisonment for up to one year. ### Can an ordinary action be treated as interference? Only if it was unlawful and motivated by one of the aims listed in the article. An action permitted by law is not treated as interference – this boundary is drawn by the facts of each case. ### Why do I need a lawyer in such a case? The qualification and the penalty depend directly on establishing the fact of interference, its unlawfulness and the aim. An experienced lawyer verifies these elements separately and defends your position at every stage of the proceedings.