Smuggling (moving goods across the customs border of Georgia in violation of rules - Article 214 of the Criminal Code) is a cross-border crime involving moving goods secretly, bypassing customs control, or deceptively. This can apply to ordinary goods (cigarettes, gold, cash) as well as prohibited items. Under Georgian legislation, if the value of smuggled goods exceeds a certain amount (large amount), criminal liability arises. The accused faces not only imprisonment but also confiscation of the goods and vehicle, and heavy monetary fines.
Smuggling cases are often complex as they involve nuances of customs procedures, goods valuation, and international law. The defense strategy depends on whether the person intended to hide the goods or if it was a declaration error.
What does the Smuggling Defense service cover?
Customs and criminal lawyers offer:
- Analysis of customs procedures: Checking whether search and seizure rules were followed at the border.
- Challenging goods valuation: Conducting expertise to determine the real value of goods. If the value is below the criminal threshold, the case is qualified as an administrative offense.
- Proving lack of intent: Showing that non-declaration happened due to misunderstanding, language barriers, or negligence, not secretly.
- Plea agreement: Negotiating with the Investigation Service of the Ministry of Finance to avoid imprisonment in exchange for a fine.
Common Scenarios
Charges often relate to:
- Cash: Moving currency equivalent to more than 30,000 GEL without declaration.
- Precious metals: Hiding gold and jewelry on the body or in luggage.
- Excisable goods: Moving cigarettes and alcohol above the established limit.
- Hiding places: Creating special compartments in a vehicle to transport goods.
Georgian Legislation
The main act is Article 214 of the Criminal Code of Georgia. Liability arises if goods are moved bypassing customs control or by hiding them. If the goods are prohibited (e.g., weapons, drugs), liability arises regardless of quantity. For ordinary goods, the threshold is a "large amount" (currently over 15,000 GEL, though limits may change, check with a lawyer).
Process Flow
The defense strategy includes:
- Border detention: Immediate lawyer involvement.
- Expertise: Determining the value of goods.
- Court: Defense against confiscation and imprisonment.
Why Legal.ge?
Customs crimes require specific knowledge. Legal.ge allows you to find lawyers familiar with the Customs Code and criminal law. They will help save your cargo and freedom. Find a defender on Legal.ge.
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