Solicitation of Crime Defense in Georgia | Legal.ge

SolicitationofCrimeDefense

Does the instigator get the same sentence as the perpetrator?

Usually, yes. The instigator faces the same charge as the perpetrator (e.g., Article 109 for murder), but the court considers their specific role during sentencing.

What if the crime wasn''t committed?

If the crime wasn''t carried out, the instigator may still be charged with preparation of the crime, depending on the severity of the intended act.

Is giving advice considered solicitation?

Mere advice might not be solicitation unless it actively persuades or creates the intent in the perpetrator. Active encouragement is key.

Can I claim entrapment?

Yes, if police or agents induced you to commit a crime you otherwise wouldn''t have, entrapment is a valid defense under Georgian law.

Solicitation and Instigation Defense: Legal Protection in Complicity Cases

In criminal law, liability falls not only on the person who physically commits the crime (the perpetrator) but also on the one who encouraged or persuaded them to do so. Solicitation, or instigation ("Tsakzeba" in Georgian), is a form of complicity under Georgian legislation and is strictly punished. An instigator is defined as a person who persuaded another to commit a crime through bribery, agreement, threat, or other means. Often, the instigator''s liability equals that of the perpetrator because they originated the criminal intent. This form of accusation is particularly complex as it frequently relies on covert recordings, witness testimonies, and communication analysis.

Defense strategy in solicitation cases requires deep legal analysis. A lawyer must distinguish real instigation from provocation or mere conversation that did not lead to a tangible result. If the crime was not committed, or the perpetrator voluntarily renounced it, the issue of the instigator''s liability changes significantly. Qualified legal assistance is essential to determine whether there was actual influence and if sufficient evidence exists to bring charges.

What Does Defense Against Solicitation Charges Cover?

Criminal defense lawyers on Legal.ge offer comprehensive services for complicity and instigation charges:

Legality Check of Covert Investigations: The main evidence in solicitation cases is often wiretaps or hidden video recordings. The lawyer verifies if these were obtained legally, based on a court order.
Excluding Provocation (Entrapment): Provoking a crime by law enforcement or agents is prohibited. If it is established that the accused was pushed into an act they wouldn''t have otherwise committed, this can be grounds for acquittal.
Intent and Causality Analysis: Proving that the accused''s words had no real impact on the perpetrator''s decision, or that the perpetrator had already decided to commit the crime independently.
Court Representation: Active defense before a jury or judge, refuting evidence, and presenting an alternative version of events.

Common Situations and Real-World Scenarios

Charges of solicitation can arise in the following situations:

Contract Crimes: A person offers money or other benefits to another to commit murder, assault, or property damage. This is a classic example of instigation.
Bribery Solicitation: A citizen convinces another person to give a bribe to a public official to solve a problem.
Drug Offenses: A person asks a friend to buy or transport drugs.
Official Misconduct: A supervisor forces or persuades an employee to sign a forged document or violate the law.

Georgian Legislation and Legal Framework

Complicity and instigation are regulated by Articles 23, 24, and 25 of the Criminal Code of Georgia. According to the law, an instigator is a person who persuaded another to commit a crime. The instigator is liable under the same article that provides for the committed crime (e.g., instigating murder is punished under the murder statute). However, during sentencing, the court considers the role and degree of each accomplice''s participation. Supreme Court practice regarding "provocation of crime" is also crucial, protecting citizens from illegal manipulations by law enforcement.

Process: What to Expect When Working with a Specialist

Working with a lawyer begins with a detailed study of case materials, especially audio-video recordings. The lawyer evaluates the content of the communication: was it a direct call to action or an ambiguous conversation? During the investigation phase, the defense will try to prove that the accused''s actions did not play a decisive role in the commission of the crime. If the crime was not completed (preparation or attempt), the lawyer will fight to minimize the sentence or reach a plea agreement.

Why Choose Legal.ge?

Complicity and solicitation cases are legally complex and require nuanced evidence analysis. Legal.ge gives you access to lawyers experienced in handling such specific cases. They will help you avoid being held fully responsible for someone else''s actions. Find your defender on Legal.ge.