Asset Forfeiture is the forced and uncompensated seizure of private property by the state when the property is obtained through illegal means or is an instrument of crime. In Georgia, this procedure is mainly used in criminal cases (e.g., drug offenses, corruption, money laundering), but there is also a civil forfeiture mechanism for "illegal and unexplained wealth" (especially for public officials). This is an extreme measure that seriously restricts property rights. Often, forfeiture extends to third parties (e.g., family members) to whom the accused transferred assets. Legal.ge offers lawyers who will defend your property from unjustified forfeiture and prove the legal origin of assets.
What Does Asset Forfeiture Defense Cover?
The service aims to save property. It includes:
- Proving Asset Origin: Gathering evidence (income declarations, contracts) that the property was acquired with legal income.
- Protecting Third Parties: Defending good-faith purchasers or family members whose property the prosecution seeks to seize.
- Lifting Freezing Orders: Challenging the seizure placed to secure future forfeiture.
- Plea Bargaining: Negotiating with the prosecution to surrender part of the assets in exchange for lighter criminal liability.
- Civil Forfeiture Litigation: Defending against lawsuits for the confiscation of unexplained wealth.
Real-World Scenarios Where You Need a Lawyer
For example, your spouse is charged with money laundering, and the prosecution demands forfeiture of your shared apartment, claiming it was bought with crime proceeds. A lawyer will help you prove that the apartment was purchased with your personal legal income or inheritance and should not be confiscated. Another example: a businessman is accused of tax evasion, and his entire business is frozen. A lawyer will protect the business from paralysis.
Georgian Legal Framework
Forfeiture is regulated by the "Criminal Code of Georgia" (Article 52) and the chapter of the "Civil Procedure Code" on confiscation of illegal and unexplained property. The law states that crime proceeds, instruments, and objects of crime are subject to forfeiture. The burden of proof partially shifts to the owner, who must demonstrate the legality of the asset.
The Process Step-by-Step
1. Seizure: Court freezes property upon prosecution's motion. 2. Evidence: Lawyer gathers audit reports and income history. 3. Trial: Hearing on forfeiture. 4. Judgment: Decision to transfer property to the state. 5. Appeal: Fighting in appellate and supreme courts.
Why Choose a Specialist on Legal.ge?
Forfeiture cases require deep knowledge of both criminal and civil law. On Legal.ge, you will find lawyers experienced in complex disputes with the prosecution capable of saving your property.
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