Phishing and online theft in Georgia — Article 286¹
Article 286¹ punishes unauthorised access to a computer system, altering data or interfering with a system to obtain money or another financial benefit, where it causes someone financial loss. Phishing and transferring money with someone else's card details or online banking are often charged this way.
- Confidential
- Georgian · English · Russian
- Free first consultation
- Courts of all instances
Possible penalties
| When | Penalty |
|---|---|
| Basic offence | Community service, corrective labour, house arrest, or 2 to 4 years in prison |
| As a group by prior agreement; significant loss (over GEL 150) | Imprisonment from 5 to 7 years |
| By abusing one's position; large loss (over GEL 10,000); by an organised group; repeatedly | Imprisonment from 6 to 10 years |
| Against a critical information system; by a person convicted twice or more | Imprisonment from 7 to 11 years |
Penalties follow the current text of the Criminal Code of Georgia. In a specific case the outcome depends on the circumstances, compensation of damage, a plea agreement and other factors.
What matters for the defence
- Who really made the transaction — often the accused is only the account holder
- Bank records, IP addresses and devices
- The amount of loss — the GEL 150 and 10,000 thresholds
- Lawfulness of the digital forensics
- Compensating the loss
If you are accused or arrested
- Use your right to remain silent and ask for a lawyer — from the first contact with the investigating authority
- Don't sign any document you don't understand
- You must be charged within 48 hours of arrest, and within the next 24 hours a court decides on a preventive measure
- Decide on compensating the damage or settling with the victim together with your lawyer
If you are a victim
- Call 112 or go to the police or the prosecutor's office
- Keep the evidence: photos, video, messages, receipts, witnesses' contacts
- Ask for victim status — it gives you rights in the case, for example to be informed about its progress
- You can claim compensation for the damage — a lawyer will help
Questions & answers
I lost money to phishing — what should I do?
Call your bank immediately and block the card, keep the messages and links, and go to the police. The faster you act, the better the chance of recovering the money.
Someone else's money came into my account and I sent it on — am I at risk?
Possibly. If you 'lend' your account or help with transfers, you may end up accused as a participant or of money laundering. Contact a lawyer straight away.
What is the penalty under Article 286¹?
Basic offence — 2 to 4 years; loss over GEL 150 — 5 to 7 years; over GEL 10,000 — 6 to 10 years; for repeat offenders — up to 11 years.
Legal basis
Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.
Related practice area: Cybercrime
Crimes and penalties
Need legal advice? Talk to an attorney today.
The first consultation is free and confidential.