Racketeering and Thieves' World Defense | Legal.ge

Racketeering(RICO)Defense

Is being a "Thief in Law" a crime in itself?

Yes, mere status is a crime punishable by 9 to 15 years in prison, regardless of whether a specific theft or violent act was committed.

Can I go to jail for asking a "criminal" to solve a debt dispute?

Yes, appealing to a member of the Thieves'' World for dispute resolution is a crime (Art. 223⁴) punishable by 3 to 7 years in prison.

What happens to my property?

Georgian law allows for the confiscation of property derived from racketeering, even if it is registered in the name of family members or third parties.

How can a lawyer defend against wiretap evidence?

A lawyer can challenge the legality of the warrant used to obtain the wiretap or argue that the language used was misinterpreted and not criminal in nature.

Thieves'' World Membership and Racketeering Defense (RICO equivalent)

Georgian legislation treats organized crime, specifically the so-called "Thieves'' World" (equivalent to mafia or RICO structures), with extreme severity. The Law on Organized Crime and Racketeering and Article 223¹ of the Criminal Code criminalize membership in the "Thieves'' World" and the status of being a "Thief in Law" (criminal boss). This means that it is a crime not only to commit a specific act (e.g., extortion) but also to hold the status or acknowledge/support the criminal subculture. The policy is "zero tolerance," which often leads to the prosecution of individuals who may have had only indirect contact with criminal authorities, for instance, by asking them to resolve a domestic dispute.

These types of cases rely heavily on covert investigative actions (wiretaps, video recordings). Defending oneself is extremely difficult for the accused because the term "member of the Thieves'' World" allows for broad interpretation. Without a qualified lawyer, a person risks long-term imprisonment (7 to 10 years for membership, 9 to 15 years for being a "Thief in Law"), confiscation of property, and severe reputational damage.

What Does Defense in Organized Crime Cases Cover?

Criminal defense lawyers on Legal.ge offer strategic defense against organized crime charges:

Challenging the Legitimacy of Wiretaps: The main evidence is often phone intercepts. The lawyer checks if the wiretap was conducted on legal grounds and with a court order. Illegally obtained evidence must be excluded from the case.
Linguistic Expertise: The interpretation of slang or phrases used in conversations is often disputed. The lawyer requests expertise to prove that the conversation did not concern a "criminal settlement" or illegal activity.
Denial of "Membership": Arguing that the person''s actions do not meet the legal criteria for a "member of the Thieves'' World" (did not participate in collecting the common fund or "obshchak," did not make decisions, etc.).
Jury Trial Defense: Since these articles are often tried by a jury, the lawyer needs specific skills to convince jurors of the accused''s innocence despite societal stereotypes.

Common Situations and Real-World Scenarios

Charges are often brought in the following situations:

Dispute Resolution ("Garcheva"): During a dispute between business partners or neighbors, one party asks a criminal authority for help. The person asking for help is also punished under Article 223⁴ (Appealing to a member of the Thieves'' World).
Money Collection: Collecting or keeping the so-called "common fund" ("Obshchak").
Phone Conversations: Telephone contact with a "Thief in Law" abroad, discussing business issues or personal disputes.
Status Acknowledgment: Confirming to the police or publicly that one follows "thieves'' traditions."

Georgian Legislation and Legal Framework

The main legal acts are the Criminal Code of Georgia (Articles 223¹-223⁴) and the Law on Organized Crime and Racketeering. The law defines the "Thieves'' World" as any association of persons acting under special rules with the aim of obtaining benefits through criminal means. A "Thief in Law" is a person who manages this world. Penalties are extremely harsh: membership in the "Thieves'' World" — 7 to 10 years, being a "Thief in Law" — 9 to 15 years, appealing to them — 3 to 7 years. Also, the law provides for the full confiscation of property obtained through racketeering, even if transferred to third parties.

Process: What to Expect When Working with a Specialist

In this category of cases, the lawyer first demands strict confidentiality and full access to case materials. Listening to and decoding covert recordings is critical. The lawyer will work with witnesses to refute the prosecution''s version that the accused acted according to "thieves'' rules." If the case involves Article 223⁴ (appealing), the defense line might be built on the fact that the person did not know the addressee''s status or their goal was not to resolve the dispute criminally. The lawyer will also protect your property from illegal confiscation.

Why Choose Legal.ge?

"Thieves'' World" cases are politically sensitive and legally complex. Legal.ge offers lawyers who have experience working on such cases and know how to protect a client under systemic pressure. They ensure the protection of your rights both at the investigation stage and in court. Find a strong defender on Legal.ge.