Preparation for Crime Defense (Article 18)
Preparation for a crime (Article 18 of the Criminal Code) involves creating conditions for committing a crime, such as procuring/manufacturing weapons or means, or finding accomplices. Under Georgian law, preparation is punishable ONLY if the person was preparing a grave or particularly grave crime. This is a crucial defense nuance: if the crime being prepared falls into the "less grave" category (e.g., simple theft), then preparation is NOT punishable, and the person must be acquitted. The prosecution must prove that the act was not merely a thought or expression of intent, but involved concrete steps. Defense in these cases focuses on two main aspects: (1) Reclassifying the intended act as a less grave crime (making preparation unpunishable), and (2) Distinguishing preparation from attempt.
What Does This Service Cover?
Lawyers listed on Legal.ge offer strategic defense:
- Disputing Categorization: Proving that the intended crime does not belong to the grave or particularly grave category, which automatically excludes criminal liability for preparation.
- Distinguishing from Intent Expression: Merely thinking or talking about a crime is not punishable. The lawyer argues that no concrete preparatory action was taken.
- Reclassification: If charged with "attempt" (stricter), the lawyer fights to reclassify it as "preparation" (lighter, or unpunishable).
- Voluntary Renunciation: If the person prepared a weapon but decided not to use it, they are exempt from liability.
Common Scenarios and Real-World Situations
Preparation charges appear in these cases:
The first scenario is "Buying Tools." A person bought a mask and a crowbar. If the goal was burglary (grave crime), it is preparation. If the goal was petty theft from a basement (less grave), preparation is not punished.
The second scenario is "Weapon Possession." Keeping a gun for murder. Illegal possession is a separate crime, but preparation for murder is a more serious charge.
The third case is "Drugs." Buying a large amount of drugs can be considered preparation for distribution if intent to sell is proven.
Georgian Legal Framework
Regulations:
- Criminal Code of Georgia: Article 18 (Preparation for Crime).
- Article 12: Categories of crimes (Less grave, Grave, Particularly grave).
Service Process Step-by-Step
- Charge Analysis: What crime is alleged to be in preparation?
- Category Check: Is it a grave crime?
- Evidence: Is there solid proof items were for a crime?
- Court: Dismissal or light sentence.
Why Use Legal.ge?
In preparation cases, freedom often depends on the interpretation of legal nuances. On Legal.ge, find lawyers to protect you from baseless charges.
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