The legal and evidential questions
Destruction or Concealment of Evidence. The first task is to identify the participant's exact procedural status and duty. The statutory starting point shown on this page is Article 368 (Destruction of evidence). It applies to destruction of evidence in a criminal, civil or administrative case; the item, proceeding, custody, accused act and intent require proof.
Identify the specific item, preservation duty, custody and access history; collect deletion, disposal or alteration logs, recovery results, instructions and the timing of any official request.
A mistake or inconsistency is not automatically a crime
Liability depends on the specific duty and intentional conduct alleged. Every version, warning, translation, context and opportunity for lawful correction should be preserved and compared.
Questions to answer first
Identify the participant's exact procedural status and duty
Preserve every version of the statement or material
Distinguish mistake, inconsistency, privilege and lawful correction from intentional wrongdoing
Prevent contact that could be characterised as witness influence
Evidence that may matter
- Interview and examination records
- Audio, video and magistrate-judge testimony
- Messages and contact chronology
- Original documents, metadata and custody records
- Expert and interpreter instructions
Criminal Code articles to check
Destruction of evidence
Applies to destruction of evidence in a criminal, civil or administrative case; the item, proceeding, custody, accused act and intent require proof.
Read full Article 368 text on this pageRead the relevant Criminal Code provisions
The panel below reproduces the available official English wording for convenient reading. Check the current Georgian text and the exact article part before relying on it, because later amendments may not yet appear in translation.
Article 368Destruction of evidence+
Destruction of evidence in criminal, civil or administrative cases, –
shall be punished by a fine or imprisonment for a term of two to five years, with deprivation of the right to hold an office or to carry out activities for up to three years.
The consolidated official source is listed in the source section at the end of this guide.
How the process may develop
Primary sources for this guide
Before acting, compare this guide with the current Georgian text and the exact document served in the case. The official English translation may not include the latest amendment.
Criminal Procedure Code of Georgia↗︎Official consolidated Criminal Code — current text & PDF↗︎Constitution of Georgia↗︎