# 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 WhenPenaltyBasic offenceCommunity service, corrective labour, house arrest, or 2 to 4 years in prisonAs a group by prior agreement; significant loss (over GEL 150)Imprisonment from 5 to 7 yearsBy abusing one's position; large loss (over GEL 10,000); by an organised group; repeatedlyImprisonment from 6 to 10 yearsAgainst a critical information system; by a person convicted twice or moreImprisonment 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 - [Criminal Code of Georgia](https://matsne.gov.ge/ka/document/view/16426) - [Criminal Procedure Code of Georgia](https://matsne.gov.ge/ka/document/view/90034) Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge. Related practice area: [Cybercrime](https://mmlaw.ge/en/cybercrime-lawyer/) ## Related topics - [#Criminal law](https://mmlaw.ge/en/criminal-defense-lawyer/) - [#Online & digital](https://mmlaw.ge/en/cybercrime-lawyer/) - [#Your rights](https://mmlaw.ge/en/blog/what-to-do-if-detained/) - - [Cybercrime lawyer](https://mmlaw.ge/en/cybercrime-lawyer/) - - [Unauthorised access to a computer system — Article 284](https://mmlaw.ge/en/crimes/hacking-article-284/) - - [Violation of private life — Article 157, 157¹](https://mmlaw.ge/en/crimes/private-photos-article-157/) - - [Blackmail with private photos](https://mmlaw.ge/en/blackmail-private-photos/) - - [Criminal defence lawyer](https://mmlaw.ge/en/criminal-defense-lawyer/) - - [Juvenile lawyer in Georgia: legal help for minors](https://mmlaw.ge/en/juvenile-justice-lawyer/) - - [Detained in Georgia? Your rights and what to do](https://mmlaw.ge/en/blog/what-to-do-if-detained/) - - [Police search in Georgia: your rights and what to do](https://mmlaw.ge/en/blog/police-search-your-rights/) Criminal law ## Crimes and penalties - [Unauthorised access to a computer system](https://mmlaw.ge/en/crimes/hacking-article-284/) — Article 284 Unlawfully getting into someone else's account, email, phone or computer. From a fine to 6 years. - [Violation of private life](https://mmlaw.ge/en/crimes/private-photos-article-157/) — Article 157, 157¹ Unlawfully obtaining and spreading private information, photos or personal data. Up to 10 years. --- Source: https://mmlaw.ge/en/crimes/phishing-online-theft-article-286-1/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge