Prostitution (Article 172³ of the Administrative Offences Code) is an administrative offense in Georgia, not a criminal crime. However, charges under this article often lead to serious legal and social problems, including high fines, reputational damage, and potential rights violations by law enforcement. Lawyer services in this category involve defending the individual before the police and court to ensure a fair process and protect their dignity. It is important to understand that despite the administrative nature of the act, the arrest process, evidence gathering, and protocol drafting are often flawed, requiring qualified legal intervention. The lawyer also works to distinguish the administrative offense from criminal crimes (such as providing a place for prostitution) so that the client does not face unjustified liability.
Role of the lawyer and services
Lawyers working on this specific category of cases offer clients confidential and professional services:
- Legal consultation: Informing the client of their rights at the moment of arrest or protocol drafting. Explaining the difference between administrative liability and criminal offense.
- Appealing the administrative protocol: Checking the legality of the protocol drawn up by the police. Protocols are often based on insufficient evidence, solely on suspicion, which is grounds for appeal.
- Representation in court: Defending the client''s interests during the administrative hearing, presenting evidence, and refuting police arguments.
- Protection from illegal police actions: Responding to violations such as illegal detention, search without a warrant, psychological pressure, or violation of privacy.
- Identifying signs of trafficking: The lawyer checks if the person is a victim of trafficking or coercion. In such cases, the strategy changes radically, and the lawyer demands the person be recognized as a victim rather than fined.
Common scenarios
Legal assistance may be needed in various situations:
- Police raids: When law enforcement enters nightclubs, hotels, or saunas and conducts mass checks. The rights of innocent individuals are often violated during such times.
- "Control purchase": When a police officer in civilian clothes tries to provoke an offense. The lawyer assesses whether this was a legal operational measure or illegal provocation.
- Online communication: When the accusation is based on suspicious correspondence on social networks or dating sites. The lawyer defends the client''s privacy and the context of the correspondence.
- Neighbor complaints: When individuals living in a private apartment are baselessly accused of prostitution by neighbors due to personal conflicts.
Georgian Legislation
Legal regulations include:
- Administrative Offences Code (Article 172³): This article imposes a fine for prostitution. The lawyer works to prove the absence of the act or reduce the sanction.
- Criminal Code of Georgia (Articles 253, 254): These articles relate to involvement in prostitution and providing a place for prostitution. The lawyer''s goal is to prevent the administrative case from being reclassified into these serious charges.
- Law on Personal Data Protection: Protects an individual''s private life and prohibits illegal acquisition or disclosure of information.
Process flow
Working with a lawyer involves:
- Analysis of facts: The lawyer listens to the client''s version and reviews the police protocol.
- Evaluation of evidence: Checking if the police have real evidence (fact of money transfer, witnesses) or only assumptions.
- Court defense: The lawyer submits motions to dismiss the case due to lack of evidence.
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