The Elements of the Offence and Prior Knowledge
Under the Criminal Code in force, terrorist financing is defined in a dedicated provision — Article 331. Under its first part, the offence is the collection or provision of funds or other property with prior knowledge that they will or may be used, in whole or in part, by a terrorist or a terrorist organization or for terrorist activity, or for the commission of one of the specific crimes enumerated in the Code, regardless of whether any of them has actually been committed.
The same part covers the provision of services to a terrorist or a terrorist organization with prior knowledge, the provision of a refuge or shelter, resourcing or any other material support. The core of this composition is the subjective side — prior knowledge: where a person does not know that the funds or the service serve a terrorist destination, the offence does not exist. Proving that knowledge is the prosecution's central difficulty and the defence's central opportunity.
Penalties by Separate Parts
The act provided for by the first part is punished by deprivation of liberty for a term of ten to fifteen years. The same act committed by an organized group or repeatedly is punished by deprivation of liberty for a term of fourteen to seventeen years.
An act provided for by the first or the second part, committed by a terrorist organization or having caused a grave consequence, is punished by deprivation of liberty for a term of seventeen to twenty years or by life imprisonment. For legal persons the law provides liquidation or deprivation of the right to conduct activity and a fine.
Terrorist and Terrorist Organization
According to the note, a terrorist is a person who participates in activity for which liability is determined by this chapter and by certain other articles of the Code. A terrorist organization is an organization, whatever its form, created to conduct such activity; it may be recognized as terrorist if it is an organized association of more than two persons existing over a defined period, which was not created casually for the immediate commission of a crime and in which the formal distribution of roles, continuous membership or a developed structure are not required.
This definition cuts both ways for the defence. On one hand, recognizing an organization as terrorist requires a proper determination. On the other hand, the broad formulation of the act means that a person in the role of donor, customer or service provider may find itself in the prosecution's version on the strength of a simple transaction trail — and it is precisely there that the proof of prior knowledge becomes decisive.
Defence Strategy and the Material Trail
In this category of cases the material trail is the analysis of financial transactions, banking and accounting documentation, and communications. The task of the defence is to show that the movement of funds had an alternative, lawful explanation: a commercial deal, family assistance, a charitable purpose or human compassion. Where such an explanation is documentarily substantiated, the conclusion of prior knowledge collapses. It must also be remembered that the offence is complete both upon collection and upon provision, and the actual commission of the intended act is not required at all — the law proceeds regardless of whether the predicate crime has been committed. That is why the defence chooses the subjective side — knowledge and its documentary foundation — as its principal arena.
A separate direction is procedural control: the legality of obtaining financial information, the completeness of expert examinations and the objectivity of witness questioning. The heavy penalty framework and the international resonance of these files make them especially sensitive, which is why engaging experienced counsel on the very first day of detention is essential.
Frequently Asked Questions
What is terrorist financing under Article 331?
The collection or provision of funds or property with prior knowledge of their terrorist destination, as well as the provision of services, refuge or shelter and other material support (Article 331, part 1).
What penalty does this accusation carry?
The basic composition — deprivation of liberty for ten to fifteen years; by an organized group or repeatedly — fourteen to seventeen years; by a terrorist organization or with a grave consequence — seventeen to twenty years or life.
Can the defence rest on the absence of knowledge?
Yes — prior knowledge is a mandatory element. If it is proved that the person did not know of the terrorist destination of the funds, the accusation fails; documenting a lawful alternative explanation is decisive.
What is a terrorist organization?
An organized association of more than two persons existing over a defined period, created for terrorist activity; formal role distribution and a developed structure are not required (the note to Article 331).
How We Help on Legal.ge
The lawyers of Legal.ge conduct cases of terrorist financing accusations with a deep analysis of the financial details: reconstruction of transactions, critique of prior knowledge, commissioning of examinations and control over the legality of evidence. We prepare a documentarily substantiated defence version and protect the accused person's rights at every stage. Contact us for a consultation — in this category of cases time is a critical factor.