Crimes directed against the interests of the family and minors, such as violation of adoption rules, substitution of a child, or involving a minor in anti-social actions, are strictly punished under the Criminal Code of Georgia (Articles 171-174). These crimes strike directly at the institution of the family and the rights of the child. For example, substitution of a child (Article 174) involves the intentional swapping of a newborn in a maternity ward or other institution, bringing severe moral and legal consequences. Violation of adoption rules involves illegal deals that bypass state control. Such charges are often complex and require specific knowledge of criminal, civil, and administrative law.
What does defense service cover for family crimes?
In this category of cases, lawyers provide defense in the following areas:
- Fact Investigation: Checking the validity of the charge. For example, in the case of child substitution — DNA analysis and examination of medical records.
- Qualification of the Act: Determining whether the act contains signs of a crime. For instance, involving a minor in anti-social action (Article 171) must be systematic and intentional.
- Representation: Defending the client in investigative bodies and courts to rule out unfounded accusations and protect family confidentiality.
- Detecting Procedural Violations: Identifying errors made during the investigation that may serve as grounds for declaring evidence inadmissible.
Typical Scenarios
Criminal liability may arise in the following cases:
- Child Substitution: Intentional swapping of a newborn by medical personnel or another person for profit or revenge.
- Anti-social Action: A parent or guardian forces a child to beg, gamble, or use narcotics.
- Illegal Deal: Transferring a child to another person for upbringing in exchange for material gain, bypassing legal procedures.
- Disclosure of Adoption Secrecy: Divulging the fact of adoption by a person (to whom it became known professionally) against the will of the adoptive parent.
Georgian Legislation
The issue is regulated by the chapter of the Criminal Code of Georgia on "Crimes Against the Family and Minor." Article 171 concerns involving a minor in anti-social action. Article 172 prohibits making deals for adoption purposes. Article 173 protects the secrecy of adoption, while Article 174 punishes child substitution. The defense strategy often relies on proving the absence of intent or factual error (e.g., a medical mistake during child swapping, which is not a crime unless intent is proven). The Law on "Adoption and Foster Care" is also relevant.
Process Flow
Cooperation with a lawyer implies:
- Consultation: Studying the circumstances of the case and assessing risks.
- Expertise: Appointing genetic, psychological, or documentary expertise if necessary.
- Defense: Active participation in investigative actions and court hearings to protect the client's interests.
Find a Specialist on Legal.ge
Family crimes are a morally and legally heavy category. Legal.ge offers access to lawyers specializing in criminal law and the protection of family rights. Through our platform, you will be able to find a qualified defender who will help you establish the truth and restore justice. Trust professionals on Legal.ge.
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