Sedition and Conspiracy Defense (Article 315)
Conspiracy or rebellion aimed at violently changing the constitutional order of Georgia (Article 315 of the Criminal Code) is a highly politically sensitive crime. The charge implies that a group of individuals secretly planned to overthrow the government, seize power, or alter the constitutional order through violence. This offense is punishable by imprisonment for 5 to 8 years (conspiracy), and in cases of rebellion, 14 to 20 years or life imprisonment. Often, such cases rely on covert surveillance, internet communications, and intelligence data. The line between freedom of speech (e.g., expressing radical political views) and actual criminal acts can be very thin. The defense''s main task is to prove that the defendants'' actions or words did not pose a real threat and that there was no concrete plan or capability to overthrow the government violently.
What Does This Service Cover?
Lawyers listed on Legal.ge offer strategic defense for state crimes:
- Analysis of Covert Recordings: Checking the legality of evidence (audio/video recordings) and analyzing their content through linguistic expertise (to determine if the conversation was a real plan or just emotional venting).
- Political Context Assessment: Building a defense strategy based on freedom of expression and arguments against political persecution.
- Separating Liability: Distinguishing the individual role of the client to ensure they are not held responsible for the actions of others with whom they may have had only superficial contact.
- International Human Rights Law: Preparing the case for international bodies if the right to a fair trial is violated domestically.
Common Scenarios and Real-World Situations
Investigations under Article 315 may start in the following cases:
The first scenario is "Political Group Meeting." Members of a radical opposition group discuss protest plans and talk about "revolution" or "changing the government." If violent methods (e.g., storming the Parliament) are mentioned, this can be assessed as a conspiracy.
The second scenario is "Paramilitary Training." A group of people conducts training in the woods using weapons, which the State Security Service evaluates as preparation for a rebellion.
The third case is "Online Manifestos." Calls for the violent overthrow of the constitutional order with a specific plan are spread on social media. Group administrators and active members may become defendants.
Georgian Legal Framework
The defense is based on:
- Criminal Code of Georgia: Article 315 (Conspiracy or Rebellion to Change the Constitutional Order of Georgia by Violence).
- Constitution of Georgia: Article 17 (Freedom of Opinion and Expression) and Article 21 (Freedom of Assembly). Lawyers use these articles to refute charges.
- European Convention on Human Rights: Articles 10 and 11.
Service Process Step-by-Step
- Arrest and Search: Often accompanied by a high-profile special operation. The lawyer attends the search.
- Reviewing Materials: Detailed study of wiretap materials.
- Expertise: Commissioning linguistic and psychological expertise to interpret statements.
- Court Trial: Jury trial (if applicable by law at the time) or judge. The defense tries to prove the absence of the elements of a crime.
Why Use Legal.ge?
Charges of a coup or sedition are the gravest legal and political challenges. Legal.ge gives you access to lawyers experienced in handling high-profile, resonant cases. Our specialists provide qualified defense and fight for your rights even under systemic pressure. Find a trusted defender on Legal.ge.
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