Unauthorized access to a computer system (hacking) is one of the most common forms of cybercrime, entailing criminal liability for illegal entry into another person's computer system, server, or database. Under Georgian law, this act is punishable regardless of whether it resulted in data theft, alteration, or destruction — the mere fact of unauthorized entry constitutes a crime. With the advancement of digital technologies, such accusations are becoming increasingly frequent. In many cases, the accused are IT specialists, ethical hackers, or ordinary users who may have violated security protocols out of negligence or curiosity. These types of cases require specific technical and legal knowledge, as the evidence is digital and its interpretation is often debatable.
What Does Cybercrime Defense Service Cover?
Specialists on Legal.ge offer defense against cybercrime charges. The service includes:
- Technical and Legal Analysis: Examining case materials (IP address logs, server records, digital footprints) together with IT experts.
- Defense during Investigation: Protecting the client's rights during searches, seizure of computer equipment, and interrogation.
- Digital Forensics: Conducting alternative computer-technical expertise to determine if the intrusion actually originated from a specific device.
- Proving Lack of Intent: Building a defense strategy around the fact that the action was not targeted or malicious (e.g., accidental access to an open system).
- Representation in Court: Presenting a reasoned defense in court proceedings to achieve acquittal or minimal sentencing.
Common Situations and Scenarios
Charges of unauthorized access can arise in various situations:
- Former Employee Access: An employee left the job but used an old password to access corporate email or databases, which the employer detected and reported.
- Social Media Hacking: A person guessed or obtained someone else's Facebook or Instagram password and logged into the profile to read private messages.
- "Ethical Hacking" without Permission: An IT specialist discovered a system vulnerability and entered to check it without the owner's prior consent, which is punishable by law.
- Wi-Fi Network Usage: Breaking into and using someone else's secured Wi-Fi network for internet access.
Georgian Legal Framework
The main legal basis is Article 284 of the Criminal Code of Georgia (Unauthorized access to a computer system). The law distinguishes between simple access and aggravating circumstances, such as access that resulted in data acquisition, system disruption, or was committed by a group. Also relevant are the Law on Personal Data Protection and the Law on Information Security. It is important to remember that criminal liability arises even if the intrusion caused no material damage.
Step-by-Step Service Process
Working on cybercrime cases requires specific steps:
- Technical Audit: Verifying the validity of digital evidence presented by the prosecution (IP addresses, MAC addresses).
- Device Analysis: Examining seized equipment to determine if it contained malware that could have automatically launched the attack without the owner's permission (e.g., botnet).
- Legal Positioning: Reclassifying the action or justifying it due to insufficient evidence.
Why Choose a Specialist on Legal.ge?
Cybercrime is a rapidly evolving field, and traditional criminal lawyers often lack the necessary technical competence. On Legal.ge, you will find lawyers who understand digital technologies and have experience in cybercrime cases. With their help, you can protect your reputation and freedom in the digital age.
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