SIM-Swap and Online Banking Fraud

1. Fraud, i.e. taking property of another person or obtaining of title to the property by deceit for its unlawful appropriation, –

shall be punished by a fine or community service from 170 to 200 hours, or by corrective labour or house arrest for a term of one to two years, or by imprisonment for a term of two to four years.

2. The same act:

a) committed by more than one person with a preliminary agreement;

b) causing substantial damage, –

shall be punished by a fine or by imprisonment for a term of four to seven years.

3. The same act committed:

a) using the official position;

b) in large quantities;

c) repeatedly, –

shall be punished by a fine or by imprisonment for a term of six to nine years.

4. The same act committed:

a) by an organised group;

b) by a person who has two or more previous convictions for unlawful appropriation or extortion of another person’s property, –

shall be punished by imprisonment for a term of seven to ten years.

The consolidated official source is listed in the source section at the end of this guide.

1. Unlawful obtaining, storage, use, dissemination of or otherwise making available information on private life or personal data, which has resulted in considerable damage, –

shall be punished by a fine or corrective labour for up to two years, or by imprisonment for up to three years.

2. Unlawful use and/or dissemination of information on private life or of personal data through a piece of work disseminated in a certain way, through internet, including social network, mass media or other public appearance, which has resulted in considerable damage, –

shall be punished by a fine or corrective labour for up to two years, or by imprisonment for up to four years.

3. The act provided for in paragraph 1 or 2 of this article committed:

a) for mercenary purposes;

b) repeatedly, –

shall be punished by a fine or imprisonment for a term of up to five years.

4. The act under paragraphs 1, 2 or 3 of this article committed by a person, who, due to his/her official position, professional activities or other circumstances, was obliged to keep this information or data confidential, or who committed the above act using his/her official position, –

shall be punished by imprisonment for a term of four to seven years, with or without deprivation of the right to hold an office or to carry out activities for up to three years.

Note:

1. A person shall not incur criminal liability for a crime (obtaining, storage) under paragraph 1 of this article if he/she has submitted the obtained/stored information specified in paragraph 1 of this article to investigative authorities and communicated information on any other committed/anticipated criminal act in this manner.

2. For committing an act under this article, a legal person shall be punished by a fine, with deprivation of the right to carry out activities, or by liquidation and a fine.

The consolidated official source is listed in the source section at the end of this guide.

1. Unauthorised access to a computer system, –

shall be punished by a fine or corrective labour for up to two years, or by imprisonment for the same term.

2. The same act:

a) committed by a group of persons with preliminary agreement;

b) committed using an official position;

c) committed repeatedly;

d) that has resulted in substantial damage, –

shall be punished by a fine or corrective labour for up to two years, or by imprisonment for a term of two to five years.

3. The act provided for by paragraphs 1 and/or 2 of this article, committed against a critical information system subject, –

shall be punished by imprisonment for a term of three to six years.

Note:

1. A computer system is any equipment/mechanism or a group of inter-connected equipment/mechanisms that automatically processes data (including personal computers, any equipment with a microprocessor, or a mobile phone) by means of software.

2. Computer data are any information displayed in any form that can be processed in the computer system, including software that ensures the operation of the computer system.

3. Unauthorised shall mean illegal, also those cases when the holder of the right has not, directly or indirectly, transferred the right to the person committing the act.

4. For the purposes of this Chapter, ‘substantial damage’ shall be considered damage exceeding GEL 2 000, except in cases provided for by Article 2861 of this Code.

5. A crime provided for by this Chapter shall be deemed as having been committed repeatedly if it has been preceded by any of the crimes provided for by this Chapter.

6. A critical information system subject shall be a critical information system subject as provided for by the Law of Georgia on Information Security.

7. For the act provided for by this article, a legal person shall be punished by a fine, with deprivation of the right to carry out activities, or by liquidation and a fine.

The consolidated official source is listed in the source section at the end of this guide.

1. Unauthorised damage, deletion, modification or concealment of computer data, –

shall be punished by a fine or corrective labour for up to two years and/or by imprisonment for the same term.

2. The act provided for by paragraph 1 of this article, and unauthorised insertion or transfer of computer data that has resulted in considerable and intentional disruption of the operation of a computer system, –

shall be punished by a fine or corrective labour for up to two years and/or by imprisonment for up to three years.

3. The act provided for by paragraph 1 or 2 of this article:

a) committed by a group of persons with preliminary agreement;

b) committed using an official position;

c) committed repeatedly;

d) that has resulted in substantial damage, –

shall be punished by a fine or corrective labour for up to two years, or by imprisonment for a term of three to five years.

4. The act provided for by paragraphs 1 and/or 2 of this article, committed against a critical information system subject, –

shall be punished by imprisonment for a term of four to seven years.

Note: For committing an act provided for by this article, a legal person shall be punished by a fine, with deprivation of the right to carry out activities, or by liquidation and a fine.

The consolidated official source is listed in the source section at the end of this guide.