The legal and evidential questions
Undeclared Goods or Cash at the Border. The first task is to clarify whether the issue is immigration, customs, administrative or criminal. The statutory starting point shown on this page is Article 214 (Breach of rules for moving goods across the customs border). The declaration, goods, route, value, knowledge and criminal threshold must be distinguished from an administrative customs breach.
Retain the declaration, customs interview, seizure inventory, valuation, currency or goods records, travel route, ownership evidence and any translation provided at the border.
Border, customs and immigration procedures are distinct
Detention or refusal at a border does not by itself determine criminal liability. The authority, document, route, alleged knowledge and status of each traveller or facilitator must be identified.
Questions to answer first
Clarify whether the issue is immigration, customs, administrative or criminal
Secure interpretation, counsel and consular communication where relevant
Test knowledge, document authenticity, route and alleged facilitation
Separate the positions of traveller, organiser, carrier, employer and company
Evidence that may matter
- Passport, visa and residence records
- Border, carrier and passenger data
- Invitations, employment and accommodation documents
- Customs declarations and seized goods
- Messages, payments and route evidence
Criminal Code articles to check
Breach of rules for moving goods across the customs border
The declaration, goods, route, value, knowledge and criminal threshold must be distinguished from an administrative customs breach.
Read full Article 214 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 214Breach of the procedure related to the movement of goods across the customs border of Georgia+
1. Moving large quantities of movable property across the customs border of Georgia by circumventing customs control or in secret involving deceptive use of documents or means of identification, entry of false data into the customs declaration, –
shall be punished by a fine or imprisonment for a term of three to five years.
2. The same act committed by an organised group, –
shall be punished by a fine or imprisonment for a term of five to seven years.
3. Movement across the customs border of Georgia of monuments of cultural heritage or other articles of cultural heritage registered in accordance with the legislation of Georgia, or of jewellery made of precious metals or of scrap jewellery in violation of the rules, –
shall be punished by a fine or imprisonment for a term of four to seven years.
4. Movement across the customs border of Georgia of poisonous, toxic, radioactive or explosive substances, armament, explosive equipment, firearms, those materials or equipment that may be used for the production of weapons of mass destruction or strategically important raw materials in violation of the rules, –
shall be punished by imprisonment for a term of five to eight years.
5. The act provided for by paragraphs 2, 3 or 4 of this article which has been committed:
a) repeatedly;
b) by an official or a person of equal status by abusing the official position;
c) using violence against the person exercising customs control;
d) by a group with preliminary agreement, –
shall be punished by imprisonment for a term of eight to eleven years.
6. The act provided for by paragraphs 1, 2, 3 or 4 of this article committed by an organised group, –
shall be punished by imprisonment for a term of eleven to fifteen years.
Note:
1. Under this article, except for paragraph 2 of this Note, the large quantities shall mean an article the customs value of which exceeds GEL 15 000, and particularly large quantities shall mean an article with customs value exceeding GEL 25 000.
2. In the case of articles imported using hiding places or by avoiding customs control by illegally crossing the customs border of Georgia, large quantities shall mean an article with customs value exceeding GEL 5 000, and particularly large quantities shall mean an article with the customs value exceeding GEL 15 000.
The consolidated official source is listed in the source section at the end of this guide.
Keep the foreign and Georgian procedures separate
A foreign allegation, alert, request or document may trigger action in Georgia, but it does not answer which Georgian measure is lawful or which authority decides the next stage.
What exists outside Georgia?
Verify the requesting authority, warrant or decision, alleged offence, status, identity data, certified translation and whether the foreign instrument remains valid.
What domestic act is being taken?
Arrest, detention, questioning, evidence transfer, extradition and travel restriction are not interchangeable. Each needs its own Georgian legal basis and review route.
Which counsel handles which issue?
Georgian counsel protects the domestic procedure; foreign counsel handles the originating case. Consular, CCF, immigration and corporate assistance may support but do not replace either defence.
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↗︎