A rejected document is not automatically a crime
This guide concerns a possible criminal offence under Article 362. The prosecution still has to prove that the item is a forged official document, what the person did with it and that the person knew it was forged. An altered genuine document, a complete counterfeit and a genuine document obtained with false information are not factually the same.
Keep the original document in its existing condition. Ask for the seizure and inspection records, issuing-authority response, application file, border scans, travel history, messages and payments involving any agent, and the complete interview and interpretation record.
Refusal, cancellation or seizure does not by itself prove a crime
A document can be refused, cancelled or held for examination without proving criminal liability. If Article 362 is alleged, possession, presentation, making and sale are different acts. Knowledge of the alleged forgery must be proved separately.
Questions to answer at the start
Identify the exact document, issuing state, number and alleged alteration
Separate making, obtaining, storing, presenting and alleged sale
Test knowledge through acquisition, payment, messages and manner of use
Examine interpretation, interview accuracy and any international-protection issue
Documents and records to preserve
- The seized original, high-resolution forensic images and chain of custody
- Issuing-authority, residence-permit and application records
- Border-reader logs, carrier records, CCTV and travel history
- Messages, payment records and identity of any agent or document provider
- Document-examiner findings on printing, laminate, security features and alteration
- Interview, interpreter and consular-access records
Article 362 to check
Making, sale or use of a forged official document
Application depends on the document’s legal status and the accused person’s alleged act. The original, method of creation or alteration, intended use, acquisition route and knowledge require separate proof.
Read full Article 362 text on this pageA visa, invitation or employment record may be private, official, electronically generated or only supporting evidence. Fraud, immigration or administrative provisions may require separate analysis depending on the alleged conduct and purpose.
Read the provision used in the allegation
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 362Making, sale or use of a forged document, seal, stamp or blank forms+
1. Making, purchase, storage for sale or use, sale or use of forged identity cards or other official documents, –
shall be punished by a fine or imprisonment for up to three years.
11. Forging data/information, and own signatures and the signatures of supporters, in relevant forms of the lists of supporters provided for by the Organic Law of Georgia – the Election Code of Georgia, own, as well as the signature of the supporter, –
shall be punished by a fine.
2. The act under paragraph 1 or paragraph 11 of this article:
a) committed repeatedly;
b) that has resulted in substantial damage, –
shall be punished by imprisonment for a term of three to six years.
Note:
1. This article shall not apply to a person who committed the above act before acquiring the status of a victim of human trafficking due to him/her being a victim of human trafficking.
2. For the act specified in 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.
3. For committing an act provided for by this article (except for the act related to the sale of forged official documents, seals, stamps or blank forms), criminal liability shall not be applied to an alien or a stateless person who has entered Georgia directly from the territory where he/she was under a threat provided for by Articles 15(1), 19(1), 38(3), or 22(1) of the Law of Georgia on International Protection, if he/she immediately, at the first opportunity, appeared before a state authority, presented a proper explanation of his/her illegal entry into Georgia, and requested international protection under the said Law, unless his/her act contains elements of another crime.
4. If it is determined by the relevant final decision on international protection that a foreigner or a stateless person is not in need of international protection, the release from criminal liability provided for by paragraph 3 of this Note shall not apply.
The consolidated official source is listed in the source section at the end of this guide.
How did the document reach the traveller?
The most useful chronology begins before the border encounter. It should identify the application or acquisition route, every person who handled the document, when the holder first saw it, what checks were possible, and exactly how officers say it was used.
Trace the issuing application, intermediary and delivery of the physical document.
Record the document’s condition at seizure and the precise feature said to be false or altered.
Compare price, communications, prior use and the holder’s explanation with the forensic finding.
Verify lawful seizure, expert instructions, interpretation and access to counsel before questioning.
What usually happens next
Check the current law and the document in the case
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↗︎Criminal Code of Georgia↗︎Constitution of Georgia↗︎