Terrorist Financing Defense: Financial Crimes and Legal Protection
Terrorist financing is a complex crime combining financial activities and acts against state security. As a member of the international anti-terrorist coalition, Georgia strictly controls financial flows under the "Law on Facilitating the Prevention of Money Laundering and Terrorism Financing." Charges can be brought against a person if they collect or transfer funds/property with the knowledge that these resources will be used for terrorist purposes. The problem is that the accused are often individuals who transferred money to relatives in a conflict zone for humanitarian purposes or donated to a charity foundation that was actually operating under the guise of a terrorist organization.
In these types of cases, the element of "intent" is decisive—whether the person knew about the final destination of the money. The investigation relies on the analysis of banking transactions, financial monitoring, and intelligence information. The lawyer''s role is to prove that the transaction was legitimate or that the person had no criminal intent. Without qualified defense, the accused faces long-term imprisonment and the freezing/confiscation of all assets.
What Does Defense in Terrorist Financing Cases Cover?
Lawyers on Legal.ge offer specialized defense against charges under Article 324 of the Criminal Code and violations of financial monitoring regulations:
- Financial Transaction Audit: Detailed study of bank transfers, cryptocurrency transactions, and remittances to determine the source and destination of funds.
- Proving Lack of Intent: Gathering evidence to confirm that the client acted in good faith (e.g., helping a family member buy food) and was unaware of terrorist connections.
- Representation with Financial Institutions: Liaising with banks and the Financial Monitoring Service to unfreeze accounts and explain transactions.
- Court Defense: Protecting the client''s interests during criminal proceedings against serious charges.
Common Situations and Real-World Scenarios
Charges often arise in the following scenarios:
- Remittances to Conflict Zones: Transferring money to a relative in Syria, Iraq, or another hotspot, interpreted as financing militants.
- Charitable Donations: Donating to a religious or humanitarian organization that later turns out to be linked to terrorism.
- Business Partnership: Commercial relationship with a person on a sanctioned terrorist list, even if the business itself is legal.
- Cryptocurrency Usage: Anonymous transfers directed to suspicious digital wallets.
Georgian Legislation and Legal Framework
Terrorist financing is regulated by Article 324 of the Criminal Code of Georgia. This crime involves collecting or supplying funds or other property with prior knowledge that it will be used for terrorist purposes. The punishment entails imprisonment for 10 to 14 years, and 14 to 17 years if committed by an organized group. Additionally, the Law of Georgia on Facilitating the Prevention of Money Laundering and Terrorism Financing obliges banks to suspend suspicious transactions and report them to the Financial Monitoring Service. The burden of proof lies with the prosecution—they must prove that the person knew about the final recipient of the funding.
Process: What to Expect When Working with a Specialist
The investigation often begins covertly with the monitoring of bank accounts. If your account is frozen or you are summoned for questioning by the financial police, you need a lawyer immediately. The specialist will study your financial history and prepare documentation (invoices, correspondence) confirming the legal purpose of transfers. If charges are filed, the lawyer will try to refute the "prior knowledge" component in court. A plea agreement is also possible if the person cooperates with the investigation and identifies the real organizers.
Why Choose Legal.ge?
Terrorist financing cases require knowledge of both criminal and banking/financial law. Legal.ge gives you access to lawyers with expertise in financial crimes. They will help you prove your innocence and regain access to your assets. Find a qualified defender on Legal.ge.
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