Witness Tampering Defense (Article 372): Legal Protection Against Obstruction Charges
The safety of participants in legal proceedings is critical for the administration of fair justice. That is why Article 372 of the Criminal Code of Georgia strictly punishes influencing a witness, victim, expert, or interpreter. This crime involves any act — threats, blackmail, bribery, or violence — aimed at forcing a person to give false testimony, refuse to testify, or change testimony already given. Often, charges of witness tampering arise parallel to another criminal case when the accused or their associates try to influence the outcome of the investigation. Such accusations aggravate the person's situation and can be grounds for pre-trial detention.
On the Legal.ge platform, you will find qualified lawyers specializing in crimes against justice. Our experts will help you prove your innocence or minimize the sentence if the charges are substantiated.
What Does Witness Tampering Defense Service Cover?
Legal services cover all stages of the criminal process, from investigation to trial:
- Evidence Analysis: Detailed examination of audio-video recordings, wiretaps, and witness testimonies in the case for legality.
- Refuting the Fact of Influence: Developing a strategy to prove that communication with the witness did not contain threats or coercion and was a normal conversation.
- Presenting an Alternative Version: Gathering evidence confirming that the accused had no motive or opportunity to influence the participant in the proceedings.
- Identifying Procedural Violations: Identifying errors made during the investigation (e.g., illegal wiretapping) and requesting the exclusion of evidence.
- Court Representation: Defending during preventive measure hearings and trial on the merits.
Common Scenarios for These Charges
Charges under Article 372 are often related to the following situations:
- Domestic Disputes: When family members try to persuade the victim to withdraw the complaint.
- Corporate Crimes: When employees are coerced to hide information about financial fraud.
- Organized Crime: When members of a criminal group threaten witnesses with retaliation.
- Monetary Offers: When the accused or their representative offers money to the victim in exchange for changing testimony.
Georgian Legal Framework
Article 372 of the Criminal Code of Georgia provides liability for influencing a witness, victim, expert, or interpreter. The crime is considered complete from the moment of the attempt to influence, regardless of whether the perpetrator achieved their goal. The punishment varies from a fine to imprisonment, depending on the severity of the crime. Aggravating circumstances include acts committed with violence, life-threatening threats, or by an organized group. Also important is the Criminal Procedure Code, which defines the rules for witness interrogation and protection guarantees.
Steps in the Process with a Lawyer
Cooperation involves:
- Consultation: Assessing the factual circumstances of the case and identifying risks.
- Strategy Planning: Choosing a defense tactic — pleading guilty and plea bargaining or fighting for acquittal.
- Evidence Gathering: Interviewing witnesses, conducting expertise, and confirming alibis.
- Trial Process: Active participation in hearings, filing motions, and delivering closing arguments.
Why Legal.ge?
Charges of witness tampering are often based on subjective interpretations and covert recordings. In such times, the involvement of an experienced lawyer who can correctly evaluate evidence and protect the client from baseless accusations is crucial. Legal.ge connects you with professionals who ensure your qualified defense.
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