Smuggling (contraband) involves moving goods or substances across the customs border of Georgia by bypassing customs control or concealing them. Unlike simple customs violations, smuggling is often associated with the transport of prohibited or restricted items (weapons, narcotics, cultural valuables) or the clandestine import of legal goods to avoid taxes. This is a serious crime strictly punished under Georgian law. Contraband charges can be brought against anyone found with concealed cargo, regardless of whether they knew about the items (for example, if a courier is transporting someone else's package). Effective defense in such cases requires deep knowledge of criminal law and customs procedures.
What Does Smuggling Defense Service Cover?
Criminal law specialists registered on Legal.ge offer full legal assistance:
- Rapid Response upon Detention: Immediate involvement of a lawyer from the moment of detention or search at the border, which is crucial for assessing the legality of evidence.
- Criminal Defense: Defending the accused's interests at all stages of the investigation, during interrogations, and in court hearings.
- Evidence Assessment: Checking the legality of search and seizure protocols, appointing expertise to determine the origin of the substance or item.
- Plea Bargaining: Negotiating with the Prosecutor's Office to mitigate the sentence if it is in the client's best interest.
- Return of Evidence: Recovering legally obtained but confiscated personal items or vehicles.
Common Situations and Scenarios
Smuggling cases are often related to the following situations:
- "Friend's Package": A person agrees to carry a sealed package for a stranger or acquaintance across the border, which is found to contain prohibited substances or undeclared valuables during a customs check.
- Hidden Compartments: Cigarettes or other excisable goods found in a vehicle's specially arranged hiding place (so-called "stash").
- Cultural Heritage: A tourist takes an icon or antique purchased as a souvenir out of the country, which turns out to be a cultural heritage monument requiring a special permit.
- Medications: Importing medications containing psychotropic substances without a prescription or permit, which can be legally classified as drug smuggling.
Georgian Legal Framework
Smuggling is punishable under Article 214 of the Criminal Code of Georgia ("Violation of rules for moving goods across the customs border of Georgia"). The punishment ranges from fines to multi-year imprisonment, depending on the severity of the crime. Penalties are particularly severe if the smuggling involves narcotics, weapons, or if the act is committed by an organized group. The Customs Code of Georgia and the Law on Cultural Heritage also establish special regimes for moving certain categories of items.
Step-by-Step Service Process
Working on a smuggling case requires a strategic approach:
- Incident Analysis: Detailed study of the circumstances of the arrest.
- Strategy Development: Defining the defense line (e.g., proving lack of intent or procedural violations).
- Expertise: Alternative expertise of the substance or object.
- Court: Active defense in court to achieve acquittal or minimum sentencing.
Why Choose a Specialist on Legal.ge?
Smuggling charges pose a serious threat to personal liberty. Legal.ge allows you to connect with experienced criminal lawyers who have successful practices in similar cases. Through our platform, you will find professionals who will protect your rights and prevent wrongful conviction.
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