Phishing is a form of cyber fraud involving deceiving users to extract confidential information (passwords, banking data). This is done through fake emails, websites, or messages that visually resemble trusted sources (e.g., a bank or social network). In Georgia, phishing constitutes fraud (Article 180) and unauthorized access to a computer system (Article 284). Charges can be brought not only against phishing organizers but also against individuals who created the fake website (Phishing Kit), distributed links, or cashed out stolen funds ("mules"). This crime is often cross-border, complicating investigation but also defense due to the volume of digital evidence. It is critical for the accused to prove they did not have access to victims' data or were themselves exploited in the criminal scheme.
What Does Phishing Defense Service Cover?
Specialists on Legal.ge offer cybersecurity law expertise. The service includes:
- IP Address Research: Determining where the phishing campaign was managed from and whether the accused was linked to these addresses.
- Website Analysis: Checking domain registration and hosting data to identify the real owner.
- Financial Flow Study: Tracing the route of stolen funds and ruling out or confirming the accused's connection.
- Defense of "Money Mules": Defending individuals who were deceptively involved in the scheme (e.g., via "remote job" offers) and used to transfer funds.
- International Investigative Actions: Defense during the process of requesting information from foreign servers.
Common Situations and Scenarios
Phishing charges are often related to:
- Fake Bank Alerts: SMS sent in the name of a bank claiming an account is blocked and requiring a link click.
- Email Spoofing: Sending an email in the name of a company executive requesting a fund transfer.
- Fake Online Stores: Creating sites where users enter card details which are then stolen.
- Social Engineering: Phone calls to extract personal data (Vishing).
Georgian Legal Framework
Phishing is a complex crime covering several articles. Data acquisition is punished under Article 284, while misappropriation of funds falls under Article 180 (Fraud). The sentence can be imprisonment for 4 to 7 years, or up to 10 years if committed by an organized group. Article 286¹ is also important, punishing the creation of programs intended for cybercrime (e.g., phishing kits).
Step-by-Step Service Process
Defense stages include:
- Digital Audit: Checking the prosecution's technical evidence.
- Denial of Intent: Proving the accused was not the organizer.
- Plea Bargaining: Cooperating with the investigation to identify real organizers in exchange for a lighter sentence.
Why Choose a Specialist on Legal.ge?
Phishing cases require deep knowledge of internet technologies. On Legal.ge, you will find lawyers who understand domains, hosting, and crypto transactions, which is essential for your effective defense.
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