What this means in practice
Source of Funds Investigations in Georgia: Business-focused criminal defence for investigations involving companies, directors, accounting, transactions, tax, customs and restrained assets.
For Source of Funds Investigations, the early priority is to separate company, director, employee and shareholder interests. The first evidence review should include contracts and corporate approvals and should be completed before assumptions harden into the case narrative.
Issues to assess early
Separate company, director, employee and shareholder interests
Map transactions and documents before drawing legal conclusions
Distinguish commercial, tax and regulatory issues from alleged crime
Coordinate defence with accounting and operational advisers
Evidence that may matter
Evidence must be examined in context. Existence of a document, transfer, message or device artefact does not answer every question about authorship, knowledge, purpose, legality, completeness or reliability.
- Contracts and corporate approvals
- Accounting and tax records
- Bank transfers and source-of-funds material
- Emails, messages and device data
- Expert financial analysis
Potential Criminal Code provisions
The provisions below are a focused research map for source of funds investigations, not a statement that any person has committed an offence. Each element, part, threshold and aggravating circumstance must be checked against the current Georgian text and the actual evidence.
Legalisation of illegal income (money laundering)
The prosecution must connect property to alleged criminal origin and prove the accused person's conduct and required knowledge or purpose.
Read full Article 194 text on this pageProperty knowingly obtained by criminal means
Knowledge of the property's alleged criminal origin and the accused person's actual transaction or control are central.
Read full Article 186 text on this pageAn investigation may start under one article and later be narrowed, expanded or reclassified. New evidence, expert conclusions, the legally assessed consequence, a defence application, prosecutorial review or a court ruling may support a different provision, part or aggravating circumstance. The Georgian consolidated text controls; an English translation may lag.
Read the relevant provisions before the external source
The operative English text below is reproduced from the official consolidated Criminal Code of Georgia, publication 296, accessed 9 August 2026. Formatting has been normalised for on-screen reading; the current Georgian-language consolidated text controls if wording or timing differs.
Article 194Legalisation of illegal income (money laundering)+
1. Legalisation of illegal income, i.e. giving legal form to illicit and/or undocumented property (use, purchase, possession, conversion, transfer or other actions in connection with property) in order to conceal its illegal and/or undocumented origin or to assist another person in evading liability, as well as concealment or disguising of its genuine nature, source of origin, location, dislocation, movement, its title and/or of other rights related to it, –
shall be punished by a fine or by imprisonment for a term of three to six years.
2. The same act:
a) committed jointly by more than one person;
b) committed repeatedly;
c) which was accompanied by receipt of large income, –
shall be punished by imprisonment for a term of six to nine years.
3. The same act:
a) committed by an organised group;
b) committed using one’s official position;
c) accompanied by receipt of particularly large income;
d) committed in order to perform an act related to a political issue concerning Georgia, –
shall be punished by imprisonment for a term of nine to twelve years.
Note:
1. For the purposes of this article, property, as well as income, or shares (interest) gained from this property shall be considered illicit if acquired unlawfully by the person, the person’s family member, close relative or related person.
2. For the purposes of this article, property, as well as income, or shares (interest) gained from this property shall be considered undocumented if the person, the person’s family member, close relative or related person does not have the documents that confirm that it has been acquired by legal means or if it has been obtained by the monetary resources gained from the alienation of the illicit property.
3. Under this article, large income shall mean income from GEL 30 000 to GEL 50 000, and particularly large income shall mean income exceeding GEL 50 000.
4. For the act provided for by this article, a legal person shall be punished by liquidation or by deprivation of the right to carry out activities and a fine.
5. For the purposes of this article, any such activity conducted or to be conducted with the aim of exercising any influence over the Government of Georgia, state institutions or any part of the society, which intends for the development, pursuing or changing of the internal or foreign policy of Georgia, and any such activity stemming from the political or public interests, approaches or relations of a foreign Government or foreign political party shall be considered an act related to a political issue concerning Georgia.
Open Article 194 in the official consolidated Criminal Code↗︎Article 186Purchase or sale of property obtained knowingly by illegal means+
1. The use, purchase or sale of property obtained knowingly by illegal means, – shall be punished by a fine or community service from 180 to 200 hours or by corrective labour for up to one year or house arrest for a term of six months to two years or by imprisonment for up to two years.
2. The same act committed:
a) by a group of persons with the preliminary agreement;
b) repeatedly;
c) against a motor car;
d) in large quantities;
e) by a person who has two or more previous convictions for unlawful appropriation or extortion of another person’s movable property, –
shall be punished by a fine or by imprisonment for a term of two to five years.
3. The act provided for by paragraph 1 or 2 of this article which has been committed:
a) by an organised group;
b) using the official position, –
shall be punished by imprisonment for a term of four to seven years.
Note: For the act provided for by this article, a legal person shall be punished by liquidation or by deprivation of the right to carry out activities and a fine.
Open Article 186 in the official consolidated Criminal Code↗︎How Georgian criminal law frames Source of Funds Investigations
A useful legal analysis does not begin and end with the name of an offence. It identifies what must be proved, what remains disputed and which neighbouring legal route may better fit the established facts.
What must the evidence establish?
The case should be tested for who controlled the decision, what was represented, what each person knew, how funds moved and when any dishonest purpose allegedly arose. A complaint, financial loss, injury, seized object or digital trace may justify investigation, but does not by itself prove every element.
Where is the legal boundary?
The material must distinguish criminal deceit or appropriation from commercial failure, accounting error and civil non-performance. Attempt, assistance, group activity, repetition and legally defined consequences may also alter the applicable article or part.
What evidence needs independent testing?
Priority material commonly includes contracts, approvals, ledgers, bank records, tax files, devices and role-specific communications. Reliability depends on lawful collection, completeness, provenance, authorship, chain of custody and a method capable of being challenged.
In a Source of Funds Investigations matter, investigators may focus on a payment or loss while authority, knowledge, commercial purpose, accounting treatment and the roles of the people involved still require separate proof.
The immediate decision is how to protect the record and prepare for authority and exposure review without prejudicing the client’s procedural position. This is a fictional example for orientation, not a report of a client matter or an assumption of guilt.
How the process may develop
Not every matter reaches every stage, and several steps can overlap. Arrest, search, seizure, charging, restraint measures and court review each have their own legal basis. Current deadlines should be verified against the consolidated Criminal Procedure Code and the specific decision served in the case.
How defence counsel can assist
Criminal defence counsel can clarify status and rights, attend permitted investigative actions, review prosecution evidence, obtain lawful defence evidence, prepare motions and submissions, represent the client at restraint and trial hearings, negotiate only where instructed and appropriate, and coordinate appeals or international work.
An investigation or charge is not a conviction. Only a court may find a person guilty, and defence rights must remain practical and effective throughout the proceedings.
Frequently asked questions
Does Article 194 — Legalisation of illegal income (money laundering) — automatically apply to Source of Funds Investigations?+
For Source of Funds Investigations, Article 194, Article 186 may provide a starting point, but a page title is not a legal qualification. Investigators and prosecutors must match proved facts to every element, part and aggravating circumstance. The qualification may be narrowed, expanded or changed after expert results, new evidence, a defence motion, prosecutorial review or a court decision. The prosecution must connect property to alleged criminal origin and prove the accused person's conduct and required knowledge or purpose.
Which factual boundary is decisive in a Source of Funds Investigations case?+
In a Source of Funds Investigations case, the evidence must distinguish criminal deceit or appropriation from commercial failure, accounting error and civil non-performance. That boundary is tested through the person's individual conduct, knowledge or intent, the legally classified consequence and every circumstance relied upon to move the allegation into a different article or aggravated part.
What evidence can prove—or undermine—the allegation of Source of Funds Investigations?+
The focused record for Source of Funds Investigations is not the same as for every offence. Priority material includes contracts, approvals, ledgers, bank records, tax files, devices and role-specific communications. The defence should test provenance, completeness, authorship, lawful collection, chain of custody and whether each item proves the disputed element rather than merely repeating the accusation.
Can the article or charge for Source of Funds Investigations change after the investigation starts?+
Yes. For Source of Funds Investigations, Article 194, Article 186 may be a starting map, but expert results, quantity or value, injury classification, individual role, attempt or participation, a defence application, prosecutorial review or a court decision may support a different article, part or legal outcome.
What should be preserved immediately in a Source of Funds Investigations matter?+
In a Source of Funds Investigations matter, preserve the original chronology, procedural records and the topic-specific material before routine loss or alteration. Early advice is important because a poorly coordinated corporate response can create conflicts, overwrite data or blur individual roles; preservation must be lawful and must not involve hiding, changing or coordinating evidence.
Primary sources for this guide
Legislation can change and official English translations may lag the Georgian text. Check the current consolidated version and obtain advice before relying on a deadline, offence classification or remedy.
Criminal Procedure Code of Georgia↗︎Official consolidated Criminal Code — current text & PDF↗︎Ministry of Finance Investigation Service↗︎