RestitutionClaims

Introduction: Restitution – Restoring the Original State
Restitution is a legal mechanism that implies restoring the victim''s rights to the state that existed before the crime. In criminal cases, restitution often involves the physical return of stolen or misappropriated items to the owner. Unlike compensation, which involves monetary payment, the goal of restitution is to return specific property (car, jewelry, documents, real estate) to the legal owner. This process can be complicated if the property has been sold to a bona fide purchaser or seized as evidence and held by the police. Assistance from a qualified lawyer is necessary to speed up the return process and lift any seizure on the property.

What Does This Service Cover?
The restitution claim service covers all necessary actions to recover lost property:

• Asset Location: Cooperating with law enforcement agencies to determine the location of stolen or misappropriated property.
• Return of Evidence: Preparing a motion to the prosecutor or court so that seized items (if no longer needed for investigation) are returned to the owner before the verdict.
• Lifting Seizure: If the victim''s property is mistakenly seized or sealed, the lawyer requests the removal of the restriction.
• Negotiation with the Accused: Restitution is often used as a mitigating circumstance. The lawyer negotiates with the defense for the voluntary return of property.
• Dispute with Bona Fide Purchasers: If the stolen item was sold, taking legal steps to reclaim it from the new owner.

Common Situations and Scenarios
Restitution claims arise in various criminal contexts:

• Car Theft: Police found the stolen car, but it remains in an impound lot as evidence, and the owner cannot access it for months.
• Illegal Possession of Apartment: Fraudulent transfer of an apartment. It is necessary to annul the transaction and return the real estate to the original owner.
• Theft of Electronics: Recovering stolen phones or computers pawned in shops and returning them to the owner.
• Corporate Disputes: Returning company documents or seals misappropriated by a director.

Georgian Legal Framework
Restitution issues are regulated by the "Criminal Procedure Code of Georgia" (Chapter on Evidence) and the "Civil Code of Georgia" (Protection of possession). According to the Criminal Code, compensation for damage or return of property is a mitigating circumstance and often a prerequisite for a plea agreement. It is important to observe procedural deadlines so that the property is not sold at a state auction or destroyed.

Step-by-Step Process
1. Identifying Property: Determining where the item is (police, pawnshop, third party).
2. Proof of Ownership: The lawyer submits documents (passport, receipt, photo) proving the item belongs to the client.
3. Motion: Appealing to the prosecutor for temporary or permanent transfer of possession.
4. Judicial Control: If the prosecutor refuses, the matter goes to the judge.
5. Return: Physical return of the property via a handover act.

Why Choose a Specialist on Legal.ge?
Returning property is a bureaucratically complex process, especially when the item holds "evidence" status. On Legal.ge, you will find lawyers who know how to accelerate these processes through legal means. Do not let your property sit in storage for years — recover it promptly with the help of professionals.