State Secrets Disclosure Defense (Article 320)
Disclosure of state secrets (Article 320 of the Criminal Code of Georgia) is a specific crime concerning individuals who were entrusted with state secrets due to their official position. Unlike espionage or treason, the goal here may not be to transfer information to a foreign country; the crime can be committed through negligence, improper storage of documents, or thoughtless conversation with third parties. Nevertheless, the law is strict: if the disclosure results in severe consequences, the penalty involves imprisonment for 3 to 5 years, and in more serious cases, 5 to 8 years. Cases in this category are often initiated against public servants, military personnel, or former intelligence employees. The complexity lies in the fact that the case materials are usually classified, and the accused needs a lawyer with special security clearance to provide a full defense.
What Does This Service Cover?
Lawyers registered on Legal.ge who possess clearance for state secrets offer:
- Classification Verification: The first step of defense is determining whether the "disclosed" information truly constituted a state secret under the law, or if it was classified illegally or formally.
- Damage Assessment: Proving that the disclosure did not lead to "grave consequences," which can be grounds for a lighter sentence or a plea agreement.
- Analysis of Secrecy Rules: Defense often relies on the fact that the accused was not properly instructed on the rules for handling classified documents.
- Representation in Closed Hearings: Protecting the client''s interests in court proceedings that are closed to the public and media.
Common Scenarios and Real-World Situations
Charges of state secrets disclosure can arise in various situations:
The first scenario is the "Lost Flash Drive." A public servant transfers secret documents to an external memory card to work from home (which is prohibited) and loses the card. Even without intent to sell the info, this qualifies as disclosure or violation of secrecy rules.
The second scenario is "Loose Talk." A former security officer shares details about a special operation in a private conversation while the info is still classified. The conversation is recorded by a third party or leaks to the media.
The third case is "Media Leaks." A journalist receives a classified document. While the journalist protects their source, an investigation is launched against the official who had access to that document to find the leaker.
Georgian Legal Framework
Proceedings are based on specific legislation:
- Criminal Code of Georgia: Article 320 (Disclosure of State Secrets) and Article 321 (Violation of Rules for Protecting State Secrets).
- Law on State Secrets: Defines procedures for classifying information, timeframes, and clearance levels.
- General Administrative Code of Georgia: Regulates access to public information and exceptions.
Service Process Step-by-Step
- Lawyer Clearance: Before entering the case, the lawyer undergoes a check or presents existing clearance.
- Reviewing Materials: Studying case files in a secure regime without the right to remove copies.
- Expertise: An expert assessment is commissioned to determine if the information was genuinely secret at the moment of disclosure.
- Strategy: Building a defense based on negligence or the public nature of the information (if it was already known from other sources).
- Verdict: Fighting for acquittal or a minimum sentence.
Why Use Legal.ge?
State secret cases require a lawyer who understands not only criminal law but also security protocols and administrative procedures. On Legal.ge, you will find specialists experienced in proceedings behind closed doors who can effectively defend your interests against the system. Trust the professionals.
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