What Falsification Means under Criminal Law
Falsification, as defined in the criminal legislation of Georgia, is the deceptive alteration of the quality of an item by the producer or the recipient, committed for gain. The pursuit of profit or other material benefit distinguishes this offence from ordinary breaches of quality standards, and it is exactly this element that the prosecution must establish beyond reasonable doubt. If an accusation under this norm has been raised against you in connection with counterfeit products, which conduct is being attributed to you must be established precisely.
The Basic Offence and Its Punishment
Falsification committed for gain is punishable by a fine or corrective labour for a term of up to two years, house arrest for a term from six months to two years, or imprisonment for a term from one to three years, with deprivation of the right to hold an official position or to carry out activity for a term of up to three years or without it. This means that even under the basic composition the court may impose a custodial sentence, although the sanction also allows the punishment to be limited to a measure of a proprietary character.
Aggravated Compositions and Their Penalties
The same act committed repeatedly is punishable by imprisonment for a term from three to five years, with deprivation of the right to hold an official position or to carry out activity for a term of up to three years. If the act provided for by the first or the second part could have endangered human life or health, it is punishable by imprisonment for a term from five to seven years, with deprivation of the right to hold an official position or to carry out activity for a term of up to three years. And where such an act entailed the death of a person or another grave consequence, it is punishable by imprisonment for a term from seven to ten years, with deprivation of the right to hold an official position or to carry out activity for a term of up to five years.
The Related Offence of Unlawful Use of a Trademark
Close to falsification stands the unlawful use of another's trademark or service mark, appellation of origin, or geographical indication. The unlawful manufacture on a large scale of such marks, their other unlawful use, as well as the production or introduction into civil circulation of goods unlawfully marked with another's mark, which caused significant damage, is punishable by a fine or corrective labour for a term of up to two years or imprisonment for the same term. A false indication of a warning marking together with an unregistered trademark, appellation of origin or geographical indication is punishable by a fine or community service for a term from one hundred and twenty to one hundred and eighty hours, and corrective labour for a term of up to one year or imprisonment for a term from two to three years. If that act is committed repeatedly, by a person previously convicted of such a crime, or by a group in prior conspiracy, it is punishable by a fine or imprisonment for a term from three to five years. Under the note to the article, the large scale exists when the total quantity of marks exceeds 1000 units, and significant damage when the value of the unlawfully marked goods exceeds 5000 lari. Where the accusation rests on the trademark norm, the correct calculation of both the quantitative and the value thresholds becomes decisive for the defence.
Possible Directions of Defence in Such Cases
Defence in falsification cases usually proceeds along several lines. The first is the analysis of the composition of the offence: whether deception and a real alteration of the qualities of the item took place, who acted as the producer or the recipient, and whether the purpose of gain can be proven. The second is the challenge of the classification: whether the act is correctly assessed as committed repeatedly or as involving aggravating consequences, since this materially increases the penalty. The third is the scrutiny of the evidence: expert examinations concerning the alteration of qualities, valuation reports and calculations of damage frequently contain errors.
Frequently Asked Questions on Falsification Cases
What punishment follows the basic offence of falsification?
A fine, corrective labour for up to two years, house arrest from six months to two years, or imprisonment from one to three years, with deprivation of the right to hold a position or carry out activity for up to three years or without it. The concrete measure is determined by the nature of the act and the personality of the offender.
When does repeated commission aggravate the punishment?
The same act committed repeatedly is punishable by imprisonment from three to five years, with deprivation of the right to hold a position or carry out activity for up to three years.
What happens if the counterfeit products were dangerous?
If the act could have endangered human life or health, the punishment is imprisonment from five to seven years; if it entailed death or another grave consequence, from seven to ten years with deprivation for up to five years. The existence of the danger or of the consequence must be proven by the prosecution.
What counts as a large scale in trademark cases?
Under the note to the article, the large scale exists when the total quantity of marks exceeds 1000 units, and significant damage when the value of the unlawfully marked goods exceeds 5000 lari. Crossing these thresholds changes the qualification of the act.
How We Help on Legal.ge
The advocates of Legal.ge will review your case through the lens of the practice in falsification and trademark matters: we will analyse the grounds of the accusation, assess the correctness of the classification, prepare a conclusion on the evidence and design a defence strategy aimed at the maximal protection of your interests.