Obstruction of Justice Defense Lawyer | Legal.ge

ObstructionofJusticeDefense

Is deleting files considered obstruction?

Yes, if you delete files intending to prevent them from being used in an investigation or trial, it constitutes obstruction of justice.

Can silence be obstruction?

Generally, exercising your right to silence is not obstruction. However, refusing to testify when legally obligated (as a witness) falls under a different article (371).

Does the interference have to be successful?

No, the attempt to interfere is sufficient for prosecution under Article 364, regardless of whether the investigation was actually hindered.

What if I acted under duress?

Duress can be a defense. If you were forced to obstruct justice due to threats to your life or health, your lawyer can argue for exemption from liability.

Obstruction of Justice Defense (Article 364): Effective Legal Representation

Obstruction of justice is a serious crime that undermines the functioning of judicial and investigative systems. Article 364 of the Criminal Code of Georgia provides liability for any act aimed at hindering a comprehensive, complete, and objective investigation or court hearing. This can include destroying or hiding evidence, pressuring a prosecutor or judge, or falsifying case materials. Often, such charges threaten not only the direct perpetrators but also those who try to protect a loved one or hide traces of a crime. Misinterpreted actions (e.g., moving an item from a crime scene) can lead to severe legal consequences.

Legal.ge offers experienced criminal defense lawyers who will protect your interests in cases involving crimes against justice. Our specialists will thoroughly examine the circumstances of the case and develop an effective defense strategy.

What Does Obstruction of Justice Defense Service Cover?

The lawyer's services cover the following aspects:

Checking Qualification of Actions: Analyzing whether the act truly contained signs of obstruction of justice or was negligence or a lesser violation.
Proving Lack of Intent (Mens Rea): Building a defense on the argument that the person did not intend to hinder the investigation.
Identifying Procedural Violations: Using errors made during the investigation in favor of the defense.
Presenting Alternative Evidence: Locating witnesses and experts who will confirm the accused's innocence.
Plea Bargaining: Negotiating with the prosecutor's office to minimize the sentence or achieve diversion (if it's a first offense).

Common Scenarios and Risks

Charges under Article 364 may arise in the following cases:

Destruction of Evidence: Burning documents, deleting computer data, or hiding the weapon of a crime.
Providing False Information: Misleading the investigation with false testimony or fake documents (though this may also be qualified under other articles).
Pressure on Officials: Interfering with the work of an investigator, prosecutor, or judge.
Harboring: Helping a suspect hide or concealing their location.

Georgian Legal Framework

Article 364 of the Criminal Code distinguishes between obstruction of justice in criminal cases (which is punished more severely) and in other types of cases (civil, administrative). The crime is punishable by a fine, community service, corrective labor, or imprisonment. If the act is committed by an official using their official position, the punishment is even stricter. It is crucial that the crime be intentional (direct intent), which gives the defense the opportunity to argue the absence of intent.

Steps in the Process with a Specialist

Working with a lawyer involves:

Case Review: Studying the indictment and evidence.
Testimony Preparation: Preparing the accused for interrogation to avoid self-incrimination.
Motions: Requesting investigative actions to be conducted or terminated.
Court Defense: Representing interests during court hearings.

Why Legal.ge?

Charges of obstruction of justice require deep knowledge of legal nuances. Often, the line between legal and illegal action is very thin. Legal.ge gives you access to lawyers who can protect this boundary and ensure the effective realization of your rights. Trust professionals.