On International Cooperation in the Field of Criminal Law

Law of Georgia

On International Cooperation in the Field of Criminal Law

Article 1. Purpose of the Law🔗

1. This Law defines the procedures for rendering legal assistance in criminal cases, extradition, transmission of criminal case materials or their duly certified copies in respect of a person for the purpose of further criminal prosecution, enforcement of a sentence, international cooperation related to confiscation of property, and transfer (handover) of persons sentenced to imprisonment for the purpose of serving their sentence.

2. Issues of Georgia's cooperation with the International Criminal Court shall be regulated in accordance with the procedure established by the Rome Statute of the International Criminal Court (Rome Statute) and the Law of Georgia "On Cooperation of Georgia with the International Criminal Court".

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 2. Legal grounds for international cooperation in the field of criminal law🔗

1. International cooperation in the field of criminal law shall, as a rule, be carried out on the basis of an international treaty of Georgia.

2. International cooperation in the field of criminal law may, in individual cases, be carried out on the basis of an individual agreement or the principle of reciprocity, with a State with which Georgia has not concluded a relevant international treaty.

3. On the basis of the principle of reciprocity, international cooperation in the field of criminal law may be carried out on the matters referred to in paragraph 1 of Article 1 of this Law, except for the matters provided for by Chapters III and VI of this Law.

4. In the case of international cooperation in the field of criminal law on the basis of the principle of reciprocity, the conditions of reciprocity shall be determined, which shall include the minimum guarantees established by this Law; however, the establishment of higher standards shall not be excluded.

5. An individual agreement shall be concluded only for a specific case of international cooperation in the field of criminal law and shall provide for the minimum guarantees established by this Law; however, the establishment of higher standards shall not be excluded.

6. The cooperation provided for by this Law may also be carried out through a liaison prosecutor at Eurojust or his/her assistant, in accordance with the procedure established by the Agreement of 29 March 2019 "On Cooperation between Georgia and Eurojust", this Law and other normative and individual administrative-legal acts of Georgia.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Law of Georgia of 2 October 2019 No. 5080 – website, 07.10.2019.

Article 3. Communication channels and means🔗

1. International cooperation in the field of criminal law shall be carried out through the communication channels and means established by the relevant international treaty or individual agreement.

2. If the relevant international treaty or individual agreement does not establish communication channels and means, international cooperation in the field of criminal law shall be carried out through direct channels, unless the national law of the relevant foreign state imposes a different requirement.

3. In the case of carrying out international cooperation in the field of criminal law on the basis of the principle of reciprocity, diplomatic channels may be used.

4. If the national law of the relevant foreign state does not impose a different requirement, in the process of carrying out international cooperation in the field of criminal law, electronic means of communication or other such means may be used which afford the possibility of written presentation and establishment of the authenticity of the material sent/received, as well as the channels of the International Criminal Police Organization (Interpol).

5. Upon the relevant request, the material provided through the means and channels of communication provided for by paragraph 4 of this Article may subsequently be confirmed by the presentation of the original document or a certified copy.

Law of Georgia of 30 May 2013 No. 671 – website, 24.06.2013.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 4. Expenses🔗

1. Unless otherwise provided by an international treaty of Georgia or an individual agreement or by the terms of reciprocity, Georgia shall bear all expenses related to the carrying out of international cooperation in the field of criminal law on the territory of Georgia.

2. On the basis of the relevant international treaty or agreement of the parties, a different allocation of expenses may be made.

Law of Georgia of 30 May 2013 No. 671 – website, 24.06.2013.

Article 5. General rule for sending a request for the provision of legal assistance to a foreign state in connection with a criminal case pending in the proceedings of the competent authorities of Georgia and the procedure for its execution🔗

1. If the need has arisen to conduct a procedural action provided for by the Criminal Procedure Code of Georgia in the territory of a foreign state and, at the same time, there is an appropriate legal basis, the investigator, prosecutor or judge (court) shall be entitled to apply to the Prosecutor's Office of Georgia with an appropriate request.

2. A request for the provision of legal assistance in connection with a criminal case pending in the proceedings of the competent authorities of Georgia shall be executed in accordance with the legislation of the foreign state, except for the case provided for by paragraph 3 of this Article.

3. Unless otherwise provided by an international treaty of Georgia or an individual agreement or the terms of reciprocity, the Prosecutor's Office of Georgia shall be entitled to apply to a foreign state with a request regarding the application of Georgian legislation in the execution of a request for the provision of legal assistance in connection with a criminal case pending in the proceedings of the competent authorities of Georgia.

4. If there is an appropriate legal basis, the Prosecutor's Office of Georgia shall be entitled to apply to a foreign state with a request that authorized representatives of Georgia attend the process of execution of a request for the provision of legal assistance in connection with a criminal case pending in the proceedings of the competent authorities of Georgia.

5. Evidence obtained in the territory of a foreign state in accordance with the procedure established by legislation shall have equal legal force to evidence obtained in the territory of Georgia.

6. Any property or original of a document obtained as a result of the provision of legal assistance shall, after the need for it has ceased, be immediately returned to the relevant authority of the foreign state, except when that state refuses its return.

7. The use of information and other material obtained in the territory of a foreign state in accordance with the procedure established by legislation for other purposes shall be inadmissible, except for the purposes specified in the relevant request for the provision of legal assistance.

8. The information and other material referred to in paragraph 7 of this Article may be used for other purposes with the prior consent of the competent authority of the relevant foreign state, about which an additional request shall be sent.

9. Notwithstanding the procedure established by this Chapter for conducting a procedural action in the territory of a foreign state, in cases provided for by legislation it is also possible to conduct a procedural action provided for by the Criminal Procedure Code of Georgia in the territory of a foreign state without sending a request for the provision of legal assistance.

10. Without addressing a request for the provision of legal assistance to the competent authorities of a foreign state, it is also permissible to obtain information available in open sources and to use it for the purposes of criminal proceedings.

Law of Georgia No. 671 of 30 May 2013 – website, 24 June 2013.

Law of Georgia No. 3156 of 20 July 2018 – website, 6 August 2018.

Law of Georgia No. 3803 of 30 November 2018 – website, 13 December 2018.

Article 6. Form of a request for the provision of legal assistance🔗

1. A request for the provision of legal assistance shall be drawn up in written form and, as a rule, shall contain:

a) the name of the competent authority of the state to which the request is sent;

b) a description of the factual circumstances of the criminal case and its legal classification;

c) the content of the article of the law in connection with which criminal proceedings are being conducted in the relevant criminal case, as well as, where necessary, an excerpt from other relevant legislative acts;

d) the content of the requested legal assistance;

e) the purpose and necessity of the request for legal assistance;

f) the identification data, as accurate as possible, of the person in respect of whom the provision of legal assistance is requested;

g) other necessary data.

2. If the Criminal Procedure Code of Georgia requires a court judgment (ruling) for the performance of a procedural action, that judgment, certified by the signature of the judge and the court's seal bearing the coat of arms, shall be attached to the request for the provision of legal assistance.

3. When issuing the court judgment (ruling) provided for by paragraph 2 of this Article, the time limits defined by paragraph 3 of Article 112 and paragraph 13 of Article 143³ of the Criminal Procedure Code of Georgia shall not apply.

Law of Georgia No. 671 of 30 May 2013 – website, 24 June 2013.

Law of Georgia No. 3156 of 20 July 2018 – website, 6 August 2018.

Article 6¹. Service of a procedural document🔗

1. If there is a relevant legal ground, the investigator, prosecutor or judge (court) is entitled, through or without the Prosecutor's Office of Georgia, to directly deliver by post to a person located in the territory of a foreign state, in a language understandable to that person, a court judgment or another type of procedural document.

2. The document provided for by paragraph 1 of this Article shall be accompanied by a written explanation according to which the addressee is entitled to receive information regarding the service of the document about his/her rights and obligations.

3. In the case of service, in the manner established by this Article, of a summons on appearance before the body conducting the proceedings to a person located in the territory of a foreign state, the requirements of paragraphs 3, 4 and 6–10 of Article 7 of this Law shall be observed.

Law of Georgia No. 671 of 30 May 2013 – website, 24 June 2013.

Law of Georgia No. 3803 of 30 November 2018 – website, 13 December 2018.

Article 7. Summoning of a person located on the territory of a foreign state in connection with a criminal case pending in the proceedings of the competent authorities of Georgia🔗

1. If an appropriate legal basis exists, an investigator, prosecutor or judge (court) shall be entitled, through the Prosecutor's Office of Georgia, to request the summoning of a person located on the territory of a foreign state in connection with a criminal case pending in his/her proceedings, as an accused, witness, expert or victim.

2. The summoning of the person referred to in paragraph 1 of this Article shall be carried out on the basis of a relevant summons, in the form of a request for legal assistance, which shall be sent to the competent authority of the foreign state.

3. A witness, expert and victim summoned to the territory of Georgia in accordance with the procedure established by this Article shall be reimbursed for all expenses related to their travel and stay on the territory of Georgia, as well as to absence from their main work. A summoned expert shall additionally be reimbursed for all expenses and remuneration related to the performance of expert activity by him/her.

4. In the summons or request for legal assistance provided for by paragraph 2 of this Article concerning the summoning of a witness, expert or victim, the amount of expenses that must be reimbursed to the summoned person in the event of appearance shall be indicated.

5. Unless otherwise provided by an international treaty of Georgia or an individual agreement or by the terms of mutual assistance, the competent foreign state may, on the basis of a preliminary request of the Prosecutor's Office of Georgia, advance a certain amount of money to the witness, expert or victim to be summoned, which shall subsequently be reimbursed by the competent authority of Georgia.

6. In the event of non-appearance before the body conducting the proceedings of a witness, expert or victim summoned in accordance with the procedure established by paragraph 2 of this Article, no coercive measure provided for by the Criminal Procedure Code of Georgia may be applied to him/her.

7. The rule provided for by paragraph 6 of this Article shall not apply if the person voluntarily returns to Georgia and is summoned again in accordance with the procedure established by legislation.

8. A witness, expert or victim summoned in accordance with the procedure established by this Article, in the event of appearance before the body conducting the proceedings, may not be subjected to administrative or criminal liability; he/she may not be subjected to detention, arrest or punishment; nor may his/her freedom be restricted in any other manner for an act committed before leaving the territory of the respective foreign state. Also, no kind of restriction may be applied to the said persons on account of testimony given or an opinion rendered by them in connection with the criminal case for which they were summoned.

9. An accused person summoned in accordance with the procedure established by this Article may not be held administratively or criminally liable if he/she appears before the body conducting the proceedings; he/she may not be subjected to apprehension, arrest or punishment; nor may his/her liberty be restricted in any other manner for an act committed before leaving the territory of the respective foreign State and which was not indicated in the summons.

10. The rule provided for by paragraphs 8 and 9 of this Article shall not apply if a person who had the opportunity to leave the territory of Georgia did not leave it within 15 days after the necessity of his/her stay in Georgia ceased, or returned to Georgia again after leaving its territory, unless otherwise provided by an international treaty of Georgia or an individual agreement or the terms of reciprocity.

Law of Georgia of 30 May 2013 No. 671 – website, 24.06.2013.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 7¹. Temporary transfer to the territory of a foreign State of a person held in detention in Georgia for the purpose of participation in an investigative action🔗

1. Where there is a relevant legal ground, when, in connection with a criminal case in the proceedings of the competent authorities of Georgia, the conduct of an investigative action in the territory of a foreign State requires the attendance of a person held in detention in Georgia, the investigator, prosecutor or judge (court) shall be entitled, through the Prosecutor's Office of Georgia, to request the temporary transfer of that person to the territory of the foreign State for the purpose of participation in the relevant investigative action.

2. In the case provided for by paragraph 1 of this Article, the temporary transfer of a person held in detention in Georgia to the territory of a foreign State shall require his/her prior written consent.

3. The request provided for by paragraph 1 of this Article shall be sent to the competent authority of the foreign State in the form of a request for legal assistance. The request shall be accompanied by the written consent of the person held in detention in Georgia or a copy thereof.

4. The procedure and conditions for the temporary transfer of a person held in detention in Georgia to the territory of a foreign State shall be determined by a written agreement concluded between the Prosecutor's Office of Georgia and the competent authority of the foreign State.

5. A person temporarily transferred to the territory of a foreign State in accordance with this Article, including in the case of transfer by transit through the territory of a third State, shall remain in detention unless the Prosecutor's Office of Georgia has requested his/her release from detention.

6. The period during which a person temporarily transferred to the territory of a foreign State is held in detention shall be counted towards the total term of the sentence imposed by the court.

Law of Georgia of 30 May 2013 No. 671 – website, 24.06.2013.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 8. Requesting information from a foreign state and providing it to the competent authority of a foreign state in connection with legal issues🔗

1. In the event of the existence of an appropriate legal basis, the Prosecutor's Office of Georgia shall be entitled to request from a foreign state information on its domestic legislation and the practice of application of that legislation.

2. In the event of the existence of an appropriate legal basis and on the basis of an appropriate request, the Prosecutor's Office of Georgia shall be entitled to provide to the competent authority of a foreign state information on the legislation of Georgia and the practice of its application.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 9. Requesting information or materials in connection with a criminal case from the competent authorities of a foreign state and providing them to the competent authority of a foreign state🔗

1. In the presence of an appropriate legal basis, where necessary, the Prosecutor's Office of Georgia shall request from the competent authorities of a foreign state information or materials in connection with a criminal case in their proceedings.

2. In the event of the existence of an appropriate legal basis, the Prosecutor's Office of Georgia shall be entitled, on the basis of an appropriate request or on its own initiative, to provide to the competent authority of a foreign state information or materials obtained in the course of the investigation of a criminal case in the proceedings of the competent authorities of Georgia.

3. In the case of providing, on its own initiative, the information or materials referred to in paragraph 2 of this Article to the competent authorities of a foreign state, the Prosecutor's Office of Georgia shall be entitled to impose a restriction in connection with the rules for the use of the provided information or materials.

4. The competent authorities of Georgia shall be obliged to subject the use of the information or materials provided by them to the restriction imposed by the competent authorities of a foreign state.

Law of Georgia of 30 May 2013 No. 671 – website, 24.06.2013.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 9¹. Questioning/interrogation of a person using technical means🔗

1. On the basis of a request of the competent authority of a foreign state for the provision of legal assistance, the questioning/interrogation of a witness, expert or victim located in the territory of Georgia using audio or video means may be conducted.

2. The summoning of a person to be questioned/interrogated in the territory of Georgia using audio or video means shall be carried out in accordance with the procedure established by the legislation of Georgia.

3. On the basis of a request of the competent authority of a foreign state for the provision of legal assistance, a witness, expert and victim located in the territory of Georgia who are to be questioned/interrogated using audio or video means shall have the rights and obligations conferred on them by the legislation of Georgia.

4. Unless otherwise provided by the relevant international treaty, individual agreement or terms of letters rogatory, the following rules shall apply when executing a request of the competent authority of a foreign state for the questioning/interrogation of a witness, expert or victim located in the territory of Georgia using audio or video means:

a) a representative of the competent authority of Georgia shall ensure the identification of the witness, expert or victim to be questioned/interrogated and the observance of the fundamental principles established for him/her by the legislation of Georgia;

b) the direct questioning/interrogation of the person shall be conducted by a representative of the competent authority of the relevant foreign state or, on his/her instruction, by an authorised person of the competent authority of Georgia. The questioning/interrogation shall be conducted in accordance with the requirements of the legislation of the foreign state;

c) if necessary, an interpreter shall participate in the process of questioning/interrogation of the person.

5. Unless otherwise provided by the relevant international treaty, individual agreement or terms of letters rogatory, on the basis of a request of the competent authority of a foreign state, the questioning/interrogation of a person to be questioned/interrogated in the territory of Georgia by audio means shall be conducted only with his/her prior consent.

6. After the questioning/interrogation of a witness, expert or victim located in the territory of Georgia using audio or video means on the basis of a request of the competent authority of a foreign state, a record shall be drawn up, which shall indicate the time and place of the questioning/interrogation, the identification data of the questioned/interrogated person, the persons participating in the questioning/interrogation process and the technical means used, as well as other necessary data. The said record shall be sent to the relevant competent authority of the foreign state in accordance with the procedure established by this Law.

7. On the basis of a request of the competent authority of a foreign state concerning the provision of legal assistance, the competent authorities of Georgia shall ensure the questioning/interrogation, by means of audio or video equipment, in the territory of Georgia of a person subject to criminal prosecution in the foreign state. The questioning/interrogation shall be conducted only with the prior consent of the person to be questioned/interrogated.

8. In the presence of the relevant legal ground, the Prosecutor's Office of Georgia shall be entitled, at any stage of the proceedings, to apply to the competent authorities of a foreign state with a request for the questioning/interrogation, by means of audio or video equipment, of a witness, expert or victim located in its territory.

9. In a request concerning the questioning/interrogation, by means of audio or video equipment, of a witness, expert or victim located in the territory of a foreign state, in addition to the data indicated in paragraph 1 of Article 6 of this Law, the following shall be stated:

a) the reasons due to which it is impossible to present the person directly to the body conducting the proceedings;

b) the name of the body and of the person (persons) authorised to question/interrogate the witness, expert or victim by means of audio or video equipment.

10. In the presence of the relevant legal ground, the Prosecutor's Office of Georgia shall be entitled to apply to the competent authorities of a foreign state with a request for the questioning/interrogation, by means of audio or video equipment, of a person subject to criminal prosecution in Georgia. The questioning/interrogation shall be conducted only with the prior consent of the person to be questioned/interrogated.

11. Notwithstanding the requirements of this Article, the competent authorities of Georgia shall be entitled to conduct the remote questioning/interrogation, by means of technical equipment, of a person located in the territory of a foreign state in another manner established by law.

Law of Georgia of 30 May 2013 No. 671 – website, 24.06.2013.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 10. Protection of confidentiality🔗

1. In the presence of the relevant legal ground, the Prosecutor's Office of Georgia shall be entitled to apply to the competent authority of a foreign state with a request that, in the execution of a request concerning the provision of legal assistance in a criminal case, confidentiality be protected, except in cases where this request contradicts the execution of the request.

2. In the presence of a relevant request, the Prosecutor's Office of Georgia shall ensure the protection of confidentiality in the execution of a request of the competent authority of a foreign state concerning the provision of legal assistance. If the protection of confidentiality cannot be ensured, the competent authority of the relevant foreign state shall be notified thereof immediately.

Law of Georgia of 30 May 2013 No. 671 – website, 24.06.2013.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 11. Execution in the territory of Georgia of a request of a foreign state for the provision of legal assistance🔗

1. If the relevant legal basis exists, the Prosecutor's Office of Georgia shall ensure the execution in the territory of Georgia of a request of a foreign state for the provision of legal assistance.

2. A request for the provision of legal assistance received from a foreign state shall be executed in accordance with the legislation of Georgia.

3. Unless otherwise provided by an international treaty of Georgia, an individual agreement or the terms of letters rogatory, when providing legal assistance, if the relevant request exists, the legislation of the foreign state initiating the request shall also be applied, if it does not contradict the fundamental principles of the legislation of Georgia.

4. Unless the national law of the relevant foreign state imposes a different requirement, procedural actions related to the coercion of a person and the restriction of his/her constitutional rights and freedoms shall be carried out if they are sanctioned by a court or another competent body of the foreign state.

5. If the relevant legal basis exists, representatives of that foreign state may, with the prior consent of the Prosecutor's Office of Georgia, attend the process of execution of a request for the provision of legal assistance received from a foreign state. The Prosecutor's Office of Georgia shall be obliged to satisfy the request if the attendance of the interested persons better meets the needs of the relevant foreign state and excludes the necessity of submitting an additional request for the provision of legal assistance.

6. If the information provided by the foreign state proves insufficient for the execution of the request for the provision of legal assistance, the Prosecutor's Office of Georgia is entitled to request additional information from the foreign state.

7. Materials obtained as a result of the provision of legal assistance shall be sent to the foreign state through the Prosecutor's Office of Georgia.

Law of Georgia of 30 May 2013 No. 671 – website, 24.06.2013.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 12. Grounds for refusal to execute a request for the provision of legal assistance🔗

1. Legal assistance shall not be provided if:

a) execution of the request for the provision of legal assistance may cause damage to the sovereignty, security, public order or other essential interest of Georgia;

b) execution of the request for the provision of legal assistance contradicts the legislation of Georgia;

c) Georgia considers the crime in connection with which the provision of legal assistance is requested to be a political crime or a crime connected with a political crime. A crime shall not be considered political if, taking into account the purposes, motive, form, methods and other circumstances of the crime, the elements of the criminal act outweigh the political aspects of the commission of the crime;

d) execution of the request for the provision of legal assistance may cause damage to universally recognized human rights and fundamental freedoms;

e) the crime in connection with which the provision of legal assistance is requested is a military crime which is not punishable under the criminal legislation of the State initiating the request, except where otherwise provided by an international treaty of Georgia or an individual agreement or the terms of reciprocity;

f) as a result of the execution of the request for the provision of legal assistance, the principle of prohibition of repeated conviction for the same crime may be violated.

2. When a request for the provision of legal assistance seeks a search, seizure or attachment of property and unless otherwise provided by the relevant legal basis, the request shall be executed only if the following conditions exist:

a) the crime in connection with which the provision of legal assistance is requested is punishable both under the legislation of the foreign State initiating the request and under the legislation of Georgia;

b) the crime in connection with which the provision of legal assistance is requested is, in accordance with the legislation of Georgia, a crime subject to extradition;

c) execution of the request complies with the legislation of Georgia.

„3. When a foreign State requests the appearance of a person held in detention in Georgia on its territory for the conduct of investigative or judicial actions, the Prosecutor's Office of Georgia is entitled to refuse to execute the request of the foreign State for the provision of legal assistance if:

a) the person held in detention does not consent;

b) the presence of the person held in detention in Georgia is necessary for the conduct of criminal proceedings pending against him/her;

c) the transfer of the person held in detention may prolong his/her detention;

d) there are other circumstances that preclude the transfer of the person held in detention to the foreign State for the purposes provided for by this paragraph.

4. The Prosecutor's Office of Georgia is entitled to temporarily refuse to provide legal assistance to a foreign state if the provision of assistance causes harm to or impedes criminal proceedings ongoing in Georgia.

5. In other cases provided for by an international treaty of Georgia or an individual agreement or by the terms of reciprocity, the Prosecutor's Office of Georgia is entitled to refuse, in whole or in part, to provide legal assistance.

6. If the circumstances provided for by this Article are established, the request for legal assistance and the attached documents shall be returned through the Prosecutor's Office of Georgia to the relevant foreign state, and the reasons for postponing or not executing the request shall be indicated.

7. The Prosecutor's Office of Georgia shall, before implementing the procedure provided for by paragraph 6 of this Article, hold consultations with the relevant foreign state in order to ensure partial and/or conditional execution of the request for legal assistance.

Law of Georgia of 30 May 2013 No. 671 – website, 24 June 2013.

Law of Georgia of 30 November 2018 No. 3803 – website, 13 December 2018.

Article 12¹. Establishment of a Joint Investigation Team🔗

1. If, in connection with a committed crime, the conduct of an investigation requires coordinated action with the competent authorities of a foreign state (states), the Prosecutor's Office of Georgia is entitled, together with the competent authorities of the foreign state (states), to establish a joint investigation team, whose composition, rules of operation, costs related to the operation and the rights and obligations of its members shall be determined by the relevant international treaty or a written agreement (agreements) concluded with the foreign state (states).

2. Evidence obtained within the framework of a joint investigation team has equal legal force to evidence obtained on the territory of Georgia.

Law of Georgia of 30 May 2013 No. 671 – website, 24 June 2013.

Law of Georgia of 20 July 2018 No. 3156 – website, 6 August 2018.

Law of Georgia of 30 November 2018 No. 3803 – website, 13 December 2018.

Article 13. Procedural Status🔗

Persons in respect of whom the competent authorities of a foreign state request the conduct of procedural actions shall enjoy the same procedural status as that conferred on them in the state initiating the request, unless this infringes the fundamental rights of the person provided for by the legislation of Georgia.

Article 14. Extradition of a person to Georgia from a foreign state🔗

1. The Prosecutor's Office of Georgia is entitled, in accordance with the procedure established by this Law, to apply to the relevant institution of a foreign state with a request for temporary detention or extradition for the purpose of extraditing to Georgia from a foreign state a person who is charged with the commission of a crime that provides for imprisonment for a term of more than one year as a penalty, or who has been convicted of the commission of such a crime.

2. In the process of preparing a request for temporary detention for the purpose of extraditing a person or for extradition to Georgia from a foreign state, account shall also be taken of the gravity of the crime committed, its socially dangerous nature, the amount of damage caused as a result of the crime, the public interest in the extradition of the person to Georgia, in his/her subsequent conviction and punishment, as well as other circumstances that determine the expediency of the extradition of the person to Georgia.

3. A refusal of a request for temporary detention for the purpose of extraditing a person to Georgia from a foreign state or of a request for extradition shall be substantiated.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 14¹. Grounds for and form of submission of a request for temporary detention for the purpose of extraditing a person to Georgia from a foreign state🔗

1. A request for temporary detention for the purpose of extraditing a person to Georgia from a foreign state shall be sent in an urgent case, before the submission of the request for extradition and the accompanying documents.

2. A request for temporary detention for the purpose of extraditing a person to Georgia from a foreign state shall be drawn up in writing and shall indicate the following information:

a) information on the existence of a court ruling on the application of detention as a preventive measure in respect of the accused, and in the case of a convicted person − on the existence of a judgment of conviction of the court that has entered into legal force;

b) an indication that the request for extradition will be submitted additionally;

c) information on the crime for which the extradition of the accused or convicted person will be requested;

d) a description of the factual circumstances of the crime, indicating the place and time of the commission/possible commission of the crime;

e) as accurate identification data of the accused or convicted person as possible.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 15. Form of the request for extradition of a person from a foreign state to Georgia and attached documents🔗

1. The request for extradition of a person from a foreign state to Georgia shall be drawn up in written form and shall contain:

a) the first name, last name, date and place of birth of the accused or convicted person, and where possible – also other identification data confirming his/her identity;

b) a description of the factual circumstances of the committed crime, with reference to the law that provides for liability for such a crime.

2. The request for extradition provided for by paragraph 1 of this Article shall be accompanied by:

a) a court ruling on the application of detention as a measure of restraint to the person;

b) a copy of the resolution on charging the person, and if the person is convicted – a copy of the court’s conviction judgment that has entered into legal force;

c) the text of the law providing for criminal liability for the committed crime, as well as other legislative acts necessary for the consideration of the extradition matter;

d) where possible – a photograph, fingerprints, genetic profile or other identification data of the person subject to extradition.

3. Other documents may also be attached to the request for extradition provided for by paragraph 1 of this Article, if this is provided for by the relevant international treaty existing between Georgia and the foreign state or by an individual agreement.

Law of Georgia of 4 March 2025 No. 339 – website, 06.03.2025.

Article 16. Effect of extradition proceedings ongoing in a foreign state on criminal proceedings ongoing in Georgia🔗

1. In the event of the arrest in a foreign state of a person subject to extradition in Georgia, the term of his detention in Georgia shall be counted from the moment of his actual transfer to the relevant authorities of Georgia. The term of detention in a foreign state for the purpose of extradition of a person subject to extradition in Georgia shall be counted within the total term of the sentence imposed by the court.

2. It is inadmissible to conduct criminal prosecution or to convict a person extradited to Georgia for the commission of any other crime prior to his transfer, except for the crime for which he was extradited to Georgia (rule of speciality).

3. Unless otherwise provided by an international treaty of Georgia or an individual agreement, the rule provided for by paragraph 2 of this Article shall not apply where:

a) the state which carried out the extradition of the person to Georgia consents thereto;

b) the extradited person, who had the opportunity to leave the territory of Georgia, did not leave it within 45 days from his final release, or returned again to Georgia after leaving its territory;

c) the extradition of the person to Georgia was carried out using a simplified procedure and that person refused the application of the rule of speciality in respect of him.

4. In the case provided for by subparagraph „a“ of paragraph 3 of this Article, the application for requesting consent from a foreign state shall be accompanied by the documents provided for by the relevant legal grounds and shall contain the information referred to in Article 15 of this Law.

5. Unless otherwise provided by an international treaty of Georgia or an individual agreement, the rule provided for by paragraph 2 of this Article shall not apply if, during the proceedings conducted after extradition, the legal assessment (qualification) of the act committed by the person has changed, but the description of the crime committed and its main constituent elements have remained unchanged, and the new crime is subject to extradition.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 17. Transfer of a person to a third state🔗

1. A person extradited from a foreign state may not be transferred to a third state without the consent of the transferring state.

2. For the purposes of this Article, consent shall be requested from the relevant foreign state by the Prosecutor's Office of Georgia.

Law of Georgia of 30 May 2013 No. 671 – website, 24.06.2013.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 18. Crimes subject to extradition🔗

1. Unless otherwise provided by an international treaty of Georgia or an individual agreement, the extradition of a person to a foreign state shall be carried out for the commission of such crimes as are punishable under both the legislation of Georgia and the legislation of the respective foreign state by imprisonment for at least one year or by a more severe punishment. In the case of a convicted person, it is also necessary that he/she has been sentenced to imprisonment for at least four months.

2. Unless otherwise provided by an international treaty of Georgia or an individual agreement, the extradition of a person to a foreign state may also be carried out if the extradition request concerns several crimes that are punishable under both the legislation of Georgia and the legislation of the respective foreign state and some of which do not meet the requirements established by paragraph 1 of this Article with respect to the measure of punishment, but are punishable by imprisonment or provide for a fine as a sanction.

3. The rule provided for by paragraph 2 of this Article shall also apply in the case of the extradition of a person from a foreign state to Georgia.

Article 19. Political offence🔗

1. Extradition shall not be carried out if Georgia considers the crime for the commission of which the transfer of the person is requested to be a political offence or an offence connected with a political offence.

2. In determining a political offence, the rule provided for by subparagraph „c“ of paragraph 1 of Article 12 of this Law shall be taken into account.

3. An attack on the life of a head of state or of a member of his/her family, or an attempt at such an attack, shall not be considered a political offence, as well as all those crimes for the commission of which Georgia has assumed an obligation of extradition in accordance with international treaties and individual agreements.

Article 20. Military offence🔗

1. Unless otherwise provided by an international treaty of Georgia or an individual agreement, extradition shall not be carried out if the crime for the commission of which the transfer of the person is requested is a military offence.

2. In determining a military offence, the rule provided for by subparagraph „e“ of paragraph 1 of Article 12 of this Law shall be applied.

Article 21. Extradition of a citizen of Georgia🔗

The extradition of a citizen of Georgia to a foreign state shall be inadmissible, except for cases provided for by international treaties of Georgia.

Article 22. Death penalty🔗

Extradition shall not be carried out if, under the legislation of the state initiating the extradition request, the death penalty is provided for the crime for the commission of which the transfer of the person is requested.

Article 23. Judgment rendered in absentia🔗

1. Extradition of a person to a foreign state shall not be carried out if, in the state initiating the request for extradition, a court conviction judgment was rendered against him/her in absentia and, at the same time, he/she was not duly informed of the court hearing, or the minimum rights of defence were not ensured for the accused in the commission of the crime.

2. In the case provided for by paragraph 1 of this Article, extradition of a person may be carried out if the competent authorities of the state initiating the request for extradition provide a guarantee of a retrial of the case by a court, where the extradited person will be ensured the right of defence.

Article 24. Limitation period🔗

Extradition shall not be carried out for a crime in the commission of which, under the Criminal Code of Georgia, the limitation period has expired, which releases the person from criminal liability or from serving the sentence.

Article 25. Status of a person subject to extradition, amnesty, pardon🔗

1. Extradition shall not be carried out if the person subject to extradition has been granted asylum in Georgia or is a person enjoying international protection in Georgia, except when his/her extradition is requested by a third, safe state.

1¹. In the case provided for by paragraph 1 of this Article, the assessment of a safe third state shall be carried out by the bodies considering the extradition matter, taking into account the circumstances relevant to extradition.

2. Extradition shall not be carried out if the crime for the commission of which the transfer of the person is requested is amnestied under the legislation of Georgia and Georgia has jurisdiction in relation to this crime.

3. Extradition shall not be carried out if, in respect of the person, in relation to the crime for the commission of which his/her transfer is requested, an act of pardon has been issued.

4. During the conduct of the extradition procedure, an authorised official of the body detaining a foreigner or a stateless person, upon the instruction of the Prosecutor's Office of Georgia or a prosecutor, shall be obliged to immediately provide to the person against whom the extradition procedure is being conducted, in a language understandable to him/her or in a language that he/she understands, as may reasonably be considered, information on the right to request international protection and the time limit for exercising this right.

Law of Georgia of 30 May 2013 No. 671 – website, 24.06.2013.

Law of Georgia of 1 December 2016 No. 45 – website, 15.12.2016.

Law of Georgia of 26 June 2025 No. 866 – website, 07.07.2025.

Article 26. Principle of Non bis in idem🔗

Extradition of a person shall not be carried out if:

a) in relation to the crime for the commission of which the extradition of the person is requested, there is a judgment rendered by a court of Georgia;

b) in relation to the crime for the commission of which the extradition of the person is requested, the relevant authorities of Georgia have adopted a final decision on the termination of criminal prosecution.

Article 27. Proceedings in connection with the same crime🔗

Extradition may not be carried out if the relevant authorities of Georgia are conducting proceedings in connection with the same crime for the commission of which the transfer of the person is requested.

Article 28. Place of commission of the crime🔗

Georgia has the right to refuse the extradition of a person to a foreign state if the crime for the commission of which his/her transfer is requested was committed wholly or partially on the territory of Georgia.

Article 29. Other circumstances precluding extradition🔗

1. Extradition shall not be carried out if there is a reasonable assumption that the extradition of the person is requested for the purpose that he/she subsequently be prosecuted or punished on account of his/her race, nationality, ethnic origin, religious or political views or other similar circumstances.

2. Extradition shall not be carried out in the case where, proceeding from the minority of the person, state of health or personal characteristics, taking into account the nature of the act and the interests of the state requesting extradition, it is considered that extradition is clearly incompatible with the basic standards of human treatment.

3. Extradition shall not be carried out if there is a reasonable assumption that in the state initiating the request for extradition the person will be subjected to torture, cruel, inhuman or degrading treatment or punishment, which will be connected with the torture of this person, cruel, inhuman or degrading treatment of him/her.

4. Extradition shall not be carried out if in the state initiating the request for extradition the person may be tried or the person may be sentenced by a special court or tribunal.

4¹. Extradition shall not be carried out if it contradicts the state sovereignty, security or fundamental interests of Georgia.

5. Extradition shall not be carried out also in cases of the existence of other obstructive circumstances provided for by an international treaty or an individual agreement existing between Georgia and the relevant foreign state.

Law of Georgia of 30 May 2013 No. 671 – website, 24.06.2013.

Article 30. Detention on the territory of Georgia of a person subject to extradition to a foreign state and application of a preventive measure against him/her🔗

1. If there is a relevant legal basis, the detention on the territory of Georgia of a person wanted by the law enforcement bodies of a foreign state and the application of a preventive measure against him/her may be carried out if:

a) a motion for the extradition of the person has been submitted by the foreign state;

b) a motion for temporary detention for the purpose of extradition of the person has been submitted by the foreign state;

c) the person is wanted at the international level by the law enforcement bodies of the foreign state.

2. In the case of detention of a person on the basis of subparagraph „c“ of paragraph 1 of this Article, when considering the issue of application of a preventive measure against him/her, it is necessary that the foreign state submit the information provided for by paragraph 2 of Article 14¹ of this Law.

3. Immediately upon the detention on the territory of Georgia of a person wanted by the law enforcement bodies of a foreign state, the relevant prosecutor exercising procedural supervision over the activities of the detaining body shall be notified thereof; within 48 hours from the detention of the person, that prosecutor shall apply to the relevant magistrate judge according to the place of detention with a motion requesting the application of a preventive measure against the person.

4. Extradition detention or, taking into account the specific features of extradition proceedings, other types of preventive measures established by the Criminal Procedure Code of Georgia may be applied against a person wanted by the law enforcement bodies of a foreign state.

5. A magistrate judge shall consider the issue of application of a preventive measure against a person wanted by the law enforcement bodies of a foreign state in accordance with the procedure established by Article 206 of the Criminal Procedure Code of Georgia and taking into account the specific features of extradition proceedings. The judgment of the magistrate judge may be appealed by the person within 7 days from his/her transfer to the Investigative Chamber of the Court of Appeal, which shall consider the complaint within 5 days.

6. The term of extradition detention of a person detained on the territory of Georgia and subject to extradition to a foreign state shall be 3 months, which, at any stage of the extradition proceedings, due to the need caused by the implementation of extradition, may be extended by 3 months, but not more than twice.

7. In the case provided for by paragraph 6 of this Article, on the basis of a reasoned motion of the prosecutor, the term of extradition detention of the person shall be extended by the relevant magistrate judge, whose judgment may be appealed in accordance with the procedure established by Article 207 of the Criminal Procedure Code of Georgia to the Investigative Chamber of the Court of Appeal.

8. At any stage of extradition proceedings, on the basis of a judgment of the respective magistrate judge, the extradition detention or another preventive measure applied to a person subject to extradition to a foreign state may be changed or revoked. This judgment may be appealed to the Investigative Panel of the Court of Appeal.

9. In the cases provided for by paragraph 8 of this Article, the rules established by Articles 206 and 207 of the Criminal Procedure Code of Georgia shall apply, taking into account the specificities of extradition proceedings.

10. The respective competent authority of the foreign state shall be immediately notified, through the Prosecutor's Office of Georgia, of the detention of a person subject to extradition to a foreign state and of the application of a measure of criminal procedural coercion against him or her.

11. In the event of non-application of a preventive measure against a person subject to extradition to a foreign state, or of revocation of the applied extradition detention or another preventive measure, depending on the need to carry out the extradition (except for the case where, for the purpose of executing (staging) the order of the Minister of Justice of Georgia on granting extradition, the respective negotiations with the foreign state have been started), the application/re-application of extradition detention or another preventive measure against this person at any stage of the extradition proceedings on the basis of a court judgment shall not be excluded.

11¹. If the Minister of Justice of Georgia has issued an order on granting extradition and no extradition detention or other preventive measure has been applied against a person subject to extradition to a foreign state, or another preventive measure or extradition detention was applied which has been revoked or replaced by another, non-custodial preventive measure, and the 9-month term of extradition detention has not expired, and the respective negotiations with that state have been started in order to resolve the technical issues necessary for the transfer (staging) of the person to the foreign state, for the purpose of executing (staging) the order of the Minister of Justice of Georgia on granting extradition, this person may be detained without a court ruling.

11². In the case provided for by paragraph 11¹ of this Article, no later than 48 hours after the detention of a person subject to extradition to a foreign state, the prosecutor exercising procedural supervision over the activities of the body that detained him shall, according to the place of detention of that person, apply to the relevant district (city) court with a motion for the application/re-application of extradition detention in respect of the person subject to extradition to a foreign state, or for the replacement of another applied preventive measure with extradition detention. The court shall consider this motion on the issue of its admissibility without deliberation, no later than 24 hours after the submission of the motion, in accordance with the procedure established by Article 206 of the Criminal Procedure Code of Georgia and taking into account the peculiarities of extradition procedures. A party may appeal the decision of the court of first instance in accordance with the procedure established by Article 207 of the Criminal Procedure Code of Georgia to the investigative panel of the appellate court.

11³. When deciding on the motion provided for by paragraph 11² of this Article, the court shall assess only whether the circumstances defined by paragraph 11¹ of this Article exist.

11⁴. In the case of application of the procedures provided for by paragraphs 111–11³ of this Article, the transfer (staging) of a person subject to extradition to a foreign state to a foreign state shall be permissible after the court of first instance has adopted a decision, and in the event of its appeal — after the investigative panel of the appellate court has adopted a decision.

11⁵. If a person subject to extradition to a foreign state has fulfilled the obligation assumed exactly and in good faith, and the preventive measure selected in respect of him — bail — has been replaced by extradition detention in accordance with the procedure established by paragraphs 11² and 11³ of this Article, the amount of money and immovable property deposited as bail shall be returned in full to that person or to the person who deposited the bail in his favour within 1 month from the day of execution of the court decision on the replacement of bail with extradition detention.

12. In the case provided for by paragraphs 11 and 112–11⁵ of this Article, the total term of extradition detention applied in respect of a person subject to extradition to a foreign state shall not exceed 9 months.

13. A person detained for the purpose of extradition to a foreign state shall be immediately released from detention if it is established that he is a citizen of Georgia.

Law of Georgia of 30 May 2013 No. 671 – website, 24 June 2013.

Law of Georgia of 20 July 2018 No. 3156 – website, 6 August 2018.

Law of Georgia of 30 November 2018 No. 3803 – website, 13 December 2018.

Law of Georgia of 30 March 2021 No. 429 – website, 13 April 2021..

Article 31. Additional information🔗

If the information provided by the foreign state that initiated the extradition request proves insufficient for making a decision on extradition, the Ministry of Justice of Georgia and the Prosecutor's Office of Georgia shall be entitled, on the basis of an application by the respective court hearing the extradition matter or on their own initiative, to request the necessary additional information from the competent authority of the foreign state and to set a time limit for its receipt.

Law of Georgia of 30 May 2013 No. 671 – website, 24.06.2013.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 32. Conflicting requests🔗

1. In the event of conflicting requests for the extradition of a person, the question of their admissibility shall be considered individually, in accordance with the procedure established by this Law, by the respective competent court.

2. In the event of conflicting requests, the extradition of a person in accordance with the procedure established by this Law, using the simplified procedure, shall be permissible only if the person has expressed consent to extradition using the simplified procedure to all states that sent the request.

3. After the completion of the procedures provided for by paragraphs 1 and 2 of this Article, the final decision as to which state the person subject to extradition should be handed over to shall be taken by the Minister of Justice of Georgia, taking into account the place of commission of the crime, the gravity of the crime, the information and documentation defined by subparagraphs „b“ and „c“ of paragraph 1 of Article 30 of this Law and paragraph 3 of Article 34¹, the dates of application to Georgia with extradition requests, the citizenship of the person and other circumstances.

4. In the case provided for by paragraph 3 of this Article, the Minister of Justice of Georgia shall be entitled to hold consultations with the Minister of Foreign Affairs of Georgia in order to decide the question of the extradition of the person.

5. In the event of conflicting requests from the International Criminal Court and a foreign state for the handover of a person, priority shall be given to the request of the International Criminal Court.

Law of Georgia of 30 May 2013 No. 671 – website, 24.06.2013.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 33. Deferred extradition and temporary transfer🔗

1. If a person in respect of whom a request for extradition has been received is serving a sentence for another crime committed on the territory of Georgia, his/her extradition may be deferred until the sentence is served or until the person is released from serving the sentence on other lawful grounds. If a person in respect of whom a request for extradition has been received is charged with a crime committed on the territory of Georgia, his/her extradition may be deferred until the judgment is delivered, until the sentence is served or until release on other lawful grounds.

2. Extradition of a person to a foreign state may also be deferred on humanitarian grounds.

3. The decision on deferral of extradition of a person to a foreign state shall be taken by the Minister of Justice of Georgia.

4. Where a corresponding request exists, temporary transfer of a person subject to extradition to a foreign state shall be possible. A request for temporary transfer shall be considered in accordance with the procedure established for the consideration of a request for extradition. Temporary transfer may be carried out on the condition that after the expiry of the established term the person subject to extradition is returned to Georgia.

5. The Prosecutor's Office of Georgia shall be entitled, in accordance with the rules established by an international treaty of Georgia or an individual agreement, to apply to the relevant body of a foreign state with a request for the temporary surrender of a person.

Law of Georgia of 30 May 2013 No. 671 – website, 24.06.2013.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 34. Decision on extradition and procedure for appealing it🔗

1. After receiving the request for extradition and the accompanying materials, the Ministry of Justice of Georgia or the Prosecutor's Office of Georgia shall consider whether the relevant documentation has been submitted in compliance with the form and procedures established by an international treaty of Georgia or an individual agreement.

2. The Ministry of Justice of Georgia and the Prosecutor's Office of Georgia are authorized, if necessary, to apply to the competent authority of a foreign state with a request for additional information and/or documentation.

3. If there is a circumstance that, before the implementation of the subsequent procedures provided for by this Article, clearly excludes the extradition of a person to a foreign state, the Minister of Justice of Georgia shall issue an order on refusal to grant extradition.

4. If the request for extradition complies with the requirements established by an international treaty of Georgia or an individual agreement, the Ministry of Justice of Georgia shall immediately send the documentation submitted by the foreign state to the Prosecutor's Office of Georgia.

5. After receiving the extradition materials, the prosecutor authorized for that purpose shall inform the person subject to extradition of the relevant documentation and shall explain to him the rights and obligations determined for him by the legislation of Georgia.

6. After receiving the extradition materials, the authorized prosecutor, in order to decide the issue of the admissibility of the person's extradition to a foreign state, shall apply within a reasonable time with a request to the relevant district (city) court, of which he shall notify the defense party 10 days in advance.

6¹. At any stage of the extradition proceedings, the parties shall be obliged, upon request, to exchange with each other the information and documentation at their disposal at that time which they intend to submit to the court.

6². The parties shall be obliged, within 5 days from the notification provided for by paragraph 6 of this Article, to exchange the information and documentation at their disposal which they intend to submit to the court. In case of violation of the said obligation, the use of the relevant information and documentation in court shall be inadmissible.

7. No later than 7 days from the receipt of the documentation provided for by paragraph 6 of this Article, the relevant district (city) court shall schedule a hearing to consider the issue of the admissibility of extradition.

8. After hearing the opinions of the parties, the court shall adopt a judgment on the admissibility of extradition.

9. The person subject to extradition shall enjoy all the rights granted to an accused by the Criminal Procedure Code of Georgia, taking into account the specifics of extradition procedures.

10. If it is necessary to request additional information from the competent authority of a foreign state for the consideration of the extradition issue, the relevant court shall apply with a request to the Ministry of Justice of Georgia or the Prosecutor's Office of Georgia.

11. A ruling of a district (city) court on the admissibility of a person's extradition to a foreign state may be appealed by the parties, within 7 days of its delivery, by filing a cassation complaint with the Criminal Cases Chamber of the Supreme Court of Georgia, which shall schedule the first hearing for the consideration of the complaint no later than 5 days after its receipt.

12. The Ministry of Justice of Georgia shall be notified, within 5 days, of the final judgment adopted by the court in connection with the issue of the admissibility of extradition.

13. If, by a final judgment of the respective court, the extradition of a person to a foreign state was deemed inadmissible, the Minister of Justice of Georgia shall issue an order refusing to grant the extradition.

14. Where the court resolves positively the issue of the admissibility of a person's extradition to a foreign state, the Minister of Justice of Georgia shall issue an order on granting the extradition or on refusing to grant the extradition, which shall be final and not subject to appeal.

15. In exercising the powers provided for by paragraph 14 of this Article, the Minister of Justice of Georgia shall take into account the court judgment on the admissibility of extradition, the compliance of the extradition with the requirements of paragraph 4¹ of Article 29 of this Law, and the international obligations assumed by Georgia in the field of human rights protection. The Minister of Justice of Georgia is also entitled, proceeding from humanitarian purposes or taking into account other circumstances, to adopt a negative decision in connection with the extradition of a person to a foreign state.

16. After the staging of a person has been carried out, in the event that the respective foreign state requesting the extradition submits an additional request for extradition, the respective decision shall be adopted by the Minister of Justice of Georgia, taking into account the position of the Prosecutor's Office of Georgia on legal issues.

Law of Georgia No. 671 of 30 May 2013 – website, 24.06.2013.

Law of Georgia No. 3156 of 20 July 2018 – website, 06.08.2018.

Law of Georgia No. 3803 of 30 November 2018 – website, 13.12.2018.

Article 34¹. Grounds for extradition of a person using the simplified procedure and information necessary for making a decision🔗

1. Extradition of a person using the simplified procedure may be carried out only in the case of the expression of consent before the court by the person subject to extradition in accordance with the procedure established by this Law and the adoption by the Minister of Justice of Georgia of a decision on extradition of the person using the simplified procedure.

1¹. After the person has expressed consent before the court in accordance with the procedure established by this Law to the implementation of extradition using the simplified procedure, the procedures pending in respect of that person related to the granting of international protection shall not be taken into account, and from the moment the Minister of Justice of Georgia adopts a decision on the implementation of extradition using the simplified procedure, the extradition of the said person to a foreign state shall be permissible.

2. If the detention of a wanted person for the purpose of extradition is requested by the competent authority of a foreign state on the basis of subparagraphs „b“ and „c“ of the first paragraph of Article 30 of this Law, the competent authorities of Georgia shall be entitled to consider the issue of extradition of the person using the simplified procedure without the submission of a request for extradition and attached documents.

3. Unless otherwise provided by an international treaty of Georgia or an individual agreement, for making a decision on extradition of a person using the simplified procedure, it shall be sufficient for the competent authority of a foreign state to submit the following information:

a) identifying data of the wanted person, including information on his/her citizenship;

b) the authority requesting the detention of the person;

c) the existence of a decision on the arrest of the wanted person or of a sentence subject to enforcement;

d) an indication that the person is being wanted for the purpose of extradition;

e) the nature and legal description of the crime;

f) a description of the factual circumstances of the crime, including the place and time of the commission of the crime and the degree of involvement of the wanted person;

g) to the extent possible, information on the consequences of the crime;

h) information on the maximum penalty expected in the event of extradition of the person or the penalty imposed by a final sentence;

i) in the event of the existence of a sentence − information on whether the sentence has been enforced in any part and whether the sentence was delivered in absentia;

j) information on the limitation period and on the termination/suspension of its running.

4. In the event that the information provided for by paragraph 3 of this Article is not sufficient for making a decision on extradition of a person using the simplified procedure, the Ministry of Justice of Georgia and the Prosecutor's Office of Georgia shall be entitled to request additional information from the competent authority of a foreign state and to set a time limit for the submission of this information.

5. In the case of requesting additional information in accordance with the procedure established by paragraph 4 of this Article, the time limits determined by Article 34² of this Law shall not be taken into account.

6. Except for the cases provided for by paragraphs 2 and 3 of this Article, the extradition of a wanted person using the simplified procedure may also be carried out if a request for extradition and accompanying documents have already been submitted by the competent authority of a foreign state.

Law of Georgia of 20 July 2018 No. 3156 – website, 6 August 2018.

Law of Georgia of 30 November 2018 No. 3803 – website, 13 December 2018.

Law of Georgia of 26 June 2025 No. 866 - website, 7 July 2025.

Article 34². Extradition of a Person to a Foreign State Using the Simplified Procedure🔗

1. When the location of a person wanted by the law enforcement bodies of a foreign state is established on the territory of Georgia, or in the cases provided for by paragraph 1 of Article 30 of this Law, the person shall, upon detention, be immediately explained the right to request extradition using the simplified procedure and shall be provided with information on the legal consequences of extradition using the simplified procedure.

2. If otherwise not provided by an international treaty or an individual agreement, in the case of detention of a person on the grounds of subparagraphs „b“ and „c“ of paragraph 1 of Article 30 of this Law and of the application to him of extradition detention as a measure of restraint, the respective prosecutor exercising procedural supervision over the activities of the body that detained the person shall, not earlier than 5 days and not later than 7 days after the detention, apply to the respective district (city) court according to the place of detention with a motion to schedule a court hearing for the purpose of the person expressing consent to extradition using the simplified procedure.

3. The judge of the respective district (city) court shall schedule the court hearing within 24 hours after the submission of the motion. At the court hearing the judge shall be obliged to make sure that:

a) the person subject to extradition voluntarily expresses consent and clearly requests extradition using the simplified procedure;

b) the person subject to extradition is fully aware of the legal consequences of extradition using the simplified procedure and knows all the requirements provided by law related to this procedure, including that the consent expressed by him is final and that the competent bodies of the state requesting extradition may carry out against him the measures provided for by paragraph 19 of this Article;

c) the consent has been expressed by the person subject to extradition without torture, inhuman or degrading treatment, intimidation, threat, deception or any other unlawful actions against him;

d) the person subject to extradition had the opportunity to receive qualified legal assistance;

e) the person subject to extradition and his lawyer are fully familiar with the materials of the extradition proceedings.

4. The participation of the defence counsel of the person subject to extradition and, if necessary, of an interpreter shall be mandatory in the court hearing scheduled for the purpose of the person expressing consent to extradition using the simplified procedure. The consent expressed by the person at the court hearing in accordance with the procedure established by this Article is final and its withdrawal shall be inadmissible.

5. After hearing the position of the person wanted by the law enforcement bodies of a foreign state on extradition using the simplified procedure, the court shall draw up a record, which shall be immediately sent to the Ministry of Justice of Georgia or the Prosecutor's Office of Georgia.

6. Unless another time limit is provided by an international treaty or an individual agreement, the Ministry of Justice of Georgia or the Prosecutor's Office of Georgia shall, within no later than 10 days from the detention of a person sought by the law enforcement bodies of a foreign state, notify the competent authority of the foreign state of the consent to or refusal of extradition under the simplified procedure expressed by the person before the court.

7. Except for the case provided for by paragraph 2 of this Article, a person sought by the law enforcement bodies of a foreign state shall have the right, at any time before the decision on the issue of admissibility of extradition is made, to apply to the relevant (district) city court and request his/her extradition under the simplified procedure.

8. In the case provided for by paragraph 7 of this Article, the judge of the relevant district (city) court shall schedule a court hearing within 24 hours from the submission of the motion by the person and shall consider the case in accordance with the procedure established by paragraphs 3–5 of this Article.

9. Unless otherwise provided by an international treaty or an individual agreement, in the case provided for by paragraphs 7 and 8 of this Article, the consent expressed by the person before the court to the carrying out of extradition under the simplified procedure shall be notified by the Ministry of Justice of Georgia or the Prosecutor's Office of Georgia to the competent authority of the foreign state within a reasonable time.

10. In the case of the detention of a person on the basis of subparagraph „a“ of paragraph 1 of Article 30 of this Law and the application of extradition detention to him/her as a preventive measure, or in the case where the detention of the person and/or the application of extradition detention to him/her as a preventive measure has not occurred, the authorised prosecutor shall explain to the person subject to extradition the right to extradition under the simplified procedure and shall, within a reasonable time, apply to the relevant district (city) court with a motion to schedule a court hearing for the purpose of the person expressing consent to extradition under the simplified procedure.

11. The judge of the relevant district (city) court shall schedule a court hearing within 24 hours from the submission of the motion. In this case, the procedures provided for by paragraphs 3–5 of this Article shall apply.

12. In the case provided for by paragraphs 10 and 11 of this Article, the consent expressed by the person to the carrying out of extradition under the simplified procedure shall be notified by the Ministry of Justice of Georgia or the Prosecutor's Office of Georgia to the competent authority of the foreign state within a reasonable time.

13. Unless otherwise provided by an international treaty or an individual agreement, within 15 days from the receipt of the consent expressed by the person before the court in accordance with the procedure established by this Article, the authorised prosecutor shall apply to the relevant district (city) court with a motion on the admissibility of extradition, using the simplified procedure, of a person wanted by the law enforcement bodies of a foreign state.

14. A judge of the relevant district (city) court shall consider the motion and shall take a final decision on the admissibility of extradition of the person using the simplified procedure within 24 hours from the receipt of the relevant material. The Ministry of Justice of Georgia shall be notified immediately of this decision.

15. If a person subject to extradition expresses consent before the court to his extradition using the simplified procedure and the relevant district (city) court considers the extradition of the person using the simplified procedure admissible, the Minister of Justice of Georgia shall be entitled to take one of the following decisions, which shall be communicated to the competent authority of the foreign state within 20 days from the expression of consent by the person before the court, unless another time limit is established by an international treaty or an individual agreement:

a) on the extradition of the person using the simplified procedure;

b) on refusal of extradition of the person using the simplified procedure.

16. When taking the decision provided for by paragraph 15 of this Article, the Minister of Justice of Georgia shall take into account the consent expressed by the person before the court, the grounds provided for by paragraph 15 of Article 34 of this Law, as well as other circumstances important for deciding the extradition issue. The decision of the Minister of Justice of Georgia provided for by paragraph 15 of this Article shall be final and shall not be subject to appeal.

17. In the event of refusal by the person to express consent before the court to extradition using the simplified procedure, of the court considering the extradition of the person using the simplified procedure inadmissible, or of the Minister of Justice of Georgia taking a decision on refusal of extradition of the person using the simplified procedure, the extradition procedures shall be conducted in accordance with the procedure established by Article 34 of this Law.

18. Unless otherwise provided by an international treaty or an individual agreement, the execution (staging) of the decision on the extradition of the person using the simplified procedure shall be carried out at the first opportunity and, in all cases, within 10 working days from the notification to the foreign state of the decision provided for by subparagraph „a“ of paragraph 15 of this Article.

19. In the case of extradition of a person to a foreign state using the simplified procedure, the competent authorities of the foreign state are not restricted from carrying out criminal prosecution against the extradited person or convicting this person for any other crime committed before his/her surrender, for which he/she has not been extradited.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 35. Transfer of material evidence🔗

1. Unless otherwise provided by an international treaty or an individual agreement, items and/or documents seized from a person subject to extradition, which may be used as evidence in a criminal case, shall be sent to the competent authority of the state requesting extradition.

2. Items and documents of material value, if they do not belong to the person subject to extradition, shall be sent after receiving a guarantee of their storage and return to the owner. The guarantee shall be provided by the authority requesting the extradition of the person.

Article 36. Transit transfer of a person subject to extradition🔗

1. The decision on transit through the territory of Georgia shall be taken by the Ministry of Justice of Georgia, taking into account the position of the Prosecutor's Office of Georgia on legal matters.

2. A request for transit through the territory of Georgia shall contain the same particulars as are contained in an extradition request.

3. If the extradition of a person is carried out using the simplified procedure, the request for transit through the territory of Georgia shall contain the information and documentation provided for by subparagraphs „b“ and „c“ of paragraph 1 of Article 30 of this Law and paragraph 3 of Article 34¹, unless otherwise provided by an international treaty or an individual agreement of Georgia.

4. If the information provided on the basis of paragraph 3 of this Article proves insufficient for taking a decision on transit through the territory of Georgia, the Ministry of Justice of Georgia and the Prosecutor's Office of Georgia are entitled to request additional information from the competent authority of the foreign state.

5. In the case of air transit, when landing on the territory of Georgia is envisaged, the requesting party shall apply to the Ministry of Justice of Georgia or the Prosecutor's Office of Georgia with an official request.

6. In the case of air transit, when landing on the territory of Georgia is not envisaged, the requesting party shall notify the Ministry of Justice of Georgia or the Prosecutor's Office of Georgia of the transit transfer of the person subject to extradition.

Law of Georgia of 30 May 2013 No. 671 – website, 24.06.2013.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 37. Conditions for the Transfer of Criminal Case Materials or Their Duly Certified Copies to a Foreign State🔗

Where an appropriate legal basis exists, the Prosecutor's Office of Georgia shall be entitled to transfer to a foreign state the criminal case materials in the proceedings of the competent authorities of Georgia, or their duly certified copies, for the purpose of further criminal prosecution of a person, if:

a) the competent authorities of Georgia do not have jurisdiction in connection with the investigation of the relevant crime or the conduct of criminal proceedings against the person;

b) the person is not subject to extradition in Georgia because of his citizenship of the relevant foreign state;

c) the transfer of the criminal case materials or their duly certified copies to a foreign state will contribute to the better social rehabilitation of the person who presumably committed the crime;

d) the transfer of the criminal case materials or their duly certified copies to a foreign state will contribute to the administration of justice.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 38. Rule for sending criminal case materials or their duly certified copies to a foreign state🔗

1. The initiator of sending criminal case materials or their duly certified copies to a foreign state shall be the body conducting the proceedings, which shall apply to the Prosecutor's Office of Georgia with a corresponding request.

2. When exercising the authority provided for by paragraph 1 of this Article, the Prosecutor's Office of Georgia shall enjoy discretionary authority.

3. A motion on sending criminal case materials or their duly certified copies to a foreign state shall contain:

a) the name of the competent body of the foreign state to which the motion is sent;

b) a description of the factual circumstances of the criminal case;

c) an extract from the article of the Criminal Code of Georgia under which the act is considered a crime, as well as extracts from other legislative acts relevant to the case;

d) if there is an accused, his identification data, as precise as possible;

e) other data provided for by an international treaty of Georgia or an individual agreement or the terms of letters rogatory.

4. In the cases provided for by subparagraph „a“ of Article 37 of this Law, the criminal case materials shall be sent to the competent body of the foreign state, while in the cases provided for by subparagraphs „b“−„d“ of the same Article – duly certified copies of the criminal case materials, unless otherwise provided by an international treaty of Georgia or an individual agreement or the terms of letters rogatory. Where necessary, material evidence shall also be sent.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 39. Effect of sending criminal case materials or their certified copies to a foreign state on proceedings ongoing in Georgia🔗

1. Where, on the basis of subparagraphs „b“–„d“ of Article 37 of this Law, duly certified copies of criminal case materials are sent to a foreign state, criminal prosecution of a person in the main criminal case shall not be terminated automatically. It shall be terminated after the Prosecutor's Office of Georgia is informed by the competent authority of the foreign state of the adoption of a final decision in relation to the sent materials.

2. Where, on the basis of subparagraph „a“ of Article 37 of this Law, criminal case materials are sent to a foreign state, the competent authorities of Georgia shall terminate the proceedings in relation to the sent materials.

3. Where, on the basis of subparagraphs „b“–„d“ of Article 37 of this Law, duly certified copies of criminal case materials are sent to a foreign state, the competent authorities of Georgia shall not terminate the proceedings in the criminal case. They shall continue if the foreign state does not grant the application of the Prosecutor's Office of Georgia due to the following conditions and restrictions:

a) under the legislation of the foreign state receiving the application, the limitation period for the crime to be investigated has expired;

b) under the legislation of the foreign state receiving the application, the crime to be investigated does not fall within the jurisdiction of that state;

c) the foreign state receiving the application considers the crime to be investigated to be a political crime, a crime connected with a political crime, or a military crime;

d) if the crime to be investigated is not punishable under the legislation of the foreign state receiving the application;

e) the foreign state receiving the application, for another reason provided for by its own legislation, will not initiate criminal proceedings on the basis of Georgia's application.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 40. Continuation of proceedings in a criminal case where the accused is detained or located in the territory of Georgia🔗

If the accused, in respect of whom certified copies of the existing criminal case materials were sent to a foreign state, is subsequently detained or located in the territory of Georgia, the competent authorities of Georgia shall continue the proceedings against him/her. The relevant authority of the foreign state shall be notified thereof immediately through the Prosecutor's Office of Georgia.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 41. Prohibition of trial in absentia🔗

In relation to the sent criminal case materials, until a response is received from the foreign state, it is inadmissible for the main criminal case in the proceedings of the competent authorities of Georgia to be brought to trial in absentia, and if the hearing has begun, it shall be suspended.

Article 42. Procedures ongoing in Georgia in connection with criminal case materials transmitted by a competent authority of a foreign state or duly certified copies thereof🔗

1. In accordance with the procedure established by an international treaty of Georgia or an individual agreement or the terms of reciprocity, criminal case materials transmitted by a competent authority of a foreign state or their duly certified copies shall be sent by the Prosecutor's Office of Georgia to the competent authority of Georgia for the purpose of further continuation of proceedings thereon.

2. Evidence obtained by a foreign state in a transmitted criminal case shall have equal legal force with evidence obtained on the territory of Georgia.

3. Proceedings in connection with the materials of a transmitted criminal case shall continue in accordance with the legislation of Georgia, and the competent authority of the foreign state shall be notified, through the Prosecutor's Office of Georgia, of the final judgment.

Law of Georgia of 30 November 2018 No. 3803 – website, 13.12.2018.

Article 43. General provisions in connection with the transfer (handover) of persons sentenced to imprisonment for the purpose of serving their sentence🔗

1. Where an appropriate legal basis exists, a citizen of Georgia and a person permanently residing in Georgia who have been sentenced to imprisonment in a foreign state shall have the right to request transfer to Georgia for the purpose of further serving their sentence.

2. Where an appropriate legal basis exists, a citizen of a foreign state sentenced to imprisonment in Georgia shall have the right to request transfer to the state of which he/she is a citizen for the purpose of further serving the sentence.

3. A state sub-agency institution within the system of the Ministry of Justice of Georgia − the Special Penitentiary Service (hereinafter − the Penitentiary Service) shall ensure that citizens of foreign states sentenced to imprisonment in Georgia are informed of the right provided for by paragraph 2 of this Article.

4. The decision on the transfer of citizens of foreign states sentenced by the courts of Georgia, or on the handover of citizens of Georgia and persons permanently residing in Georgia sentenced in a foreign state, shall be taken by the Minister of Justice of Georgia.

5. Relations with foreign states on matters of transfer and handover of sentenced persons, as well as the implementation of the appropriate procedures for the consideration of matters of transfer and handover of sentenced persons and for taking a decision, shall be ensured by the Ministry of Justice of Georgia.

6. The transfer (handover) of a sentenced person may be carried out only after the court's final judgment delivered in respect of him/her has entered into legal force.

7. The grounds for commencing the consideration of the matter of transfer (handover) of a sentenced person shall be:

a) a petition of the competent authority of the state of which the sentenced person is a citizen/a petition of the competent authority of the state on the basis of whose court's judgment the person was sentenced;

b) an application of the sentenced person, his/her defence counsel, close relative or legal representative.

8. In the process of consideration of the matter of transfer (handover) of a sentenced person, the Ministry of Justice of Georgia shall obtain the following documents:

a) a certified copy of the court's final judgment that has entered into legal force;

b) a document on the entry into legal force of the court's final judgment;

c) a certified copy of the decision of the court instance superior to the court that delivered the judgment (if any);

d) a document on the part of the sentence served by the sentenced person;

e) a document on the part of the sentence not served by the sentenced person;

f) the text of the article of the Criminal Code on the basis of which the person was sentenced;

g) unless otherwise provided by an international treaty of Georgia or an individual agreement, or by the terms of reciprocity, – the written consent of the convicted person to the transfer (handover), and in the case where he/she is unable to express his/her will, – the consent of his/her close relative or legal representative;

h) a certificate on the state of health of the convicted person;

i) a document confirming the citizenship of the receiving State;

j) the opinions of the Prosecutor's Office of Georgia, the Ministry of Internal Affairs of Georgia and the State Security Service of Georgia on the expediency of the transfer (handover) of the convicted person.

9. The transfer (handover) of the convicted person shall not be carried out if:

a) under the legislation of the State of which the convicted person is a citizen and which requests the transfer (handover) of the convicted person, the act for which the person has been convicted is not a crime or is not punishable by imprisonment;

b) there is no consent of the convicted person (unless otherwise provided by an international treaty of Georgia or an individual agreement, or by the terms of reciprocity), and in the case where he/she is unable to freely express his/her will due to age or limited capability, – the consent of his/her close relative or legal representative;

c) at the moment of receipt of the request for the transfer (handover), the remaining term of imprisonment to be served by the convicted person is less than 6 months. In an exceptional case, Georgia and the respective foreign State may agree on the transfer (handover) also in the case where the remaining term of the sentence to be served is less than 6 months;

d) the parties have failed to reach an agreement on the transfer (handover) of the convicted person.

10. An application/petition for the transfer (handover) of the convicted person may not be granted if:

a) the transfer (handover) of the convicted person poses a threat to the public order of Georgia, contradicts the interests of State security and safety;

b) the imprisonment facilities of Georgia are overcrowded;

c) the convicted person has not served half of the sentence, unless another agreement has been reached between the competent authority of Georgia and the competent authority of the foreign State;

d) the interested persons have refused to bear the expenses necessary for the transfer (handover) of the convicted person.

Law of Georgia No. 1798 of 13 December 2013 – website, 28.12.2013.

Law of Georgia No. 3956 of 8 July 2015 – website, 15.07.2015.

Law of Georgia No. 3138 of 5 July 2018 – website, 11.07.2018.

Law of Georgia No. 3803 of 30 November 2018 – website, 13.12.2018.

Law of Georgia No. 6843 of 14 July 2020 – website, 28.07.2020.

Article 44. Transfer of nationals of a foreign state convicted by the courts of Georgia🔗

1. After receipt of the request/application, the Ministry of Justice of Georgia shall request from the relevant agencies of Georgia the documents provided for by paragraph 8 of Article 43 of this Law and information on the compensation of the damage caused by the convicted person through the criminal act.

2. After receipt of the application of the convicted person, the Ministry of Justice of Georgia shall draw up a request before the competent authority of the state of which the convicted person is a national.

3. Based on the analysis of the documents obtained in the process of consideration of the issue of transfer of the convicted person, the Ministry of Justice of Georgia shall draw up a conclusion on the expediency of the transfer of the convicted person, which it shall submit to the person authorized for that purpose by the Minister of Justice of Georgia.

4. In the event of a positive decision on the issue of transfer of the convicted person, the transfer of the convicted person shall be effected on the basis of an order of the Minister of Justice of Georgia.

5. In the event of a negative decision on the issue of transfer of the convicted person, the Ministry of Justice of Georgia shall notify the party initiating the request/applicant of the refusal to grant the request/application.

6. Within 5 days from the issuance of the order on the transfer of the convicted person, the Ministry of Justice of Georgia shall notify in writing the competent authority of the state of which the convicted person is a national, and shall also apply to the Penitentiary Service for the implementation of the procedures for the transfer of the convicted person.

7. If the judgment rendered in Georgia in respect of the transferred convicted person has been changed or annulled, or an act of amnesty or pardon issued in Georgia has applied to the convicted person, the Ministry of Justice of Georgia shall immediately notify thereof the competent authority of the state to which the convicted person was transferred.

8. If the judgment has been annulled and the investigation or court hearing of the case has been resumed, in the event of the initiation of an appropriate request by the competent authority of the foreign state, the Ministry of Justice of Georgia shall send a copy of the relevant decision and other necessary documents to the competent authority of the state to which the convicted person was transferred.

Law of Georgia of 13 December 2013 No. 1798 – website, 28.12.2013.

Law of Georgia of 5 July 2018 No. 3138 – website, 11.07.2018.

Article 45. Transfer of Citizens of Georgia Convicted in a Foreign State and of Persons Permanently Residing in Georgia🔗

1. The basis for initiating consideration of the issue of transfer of a convicted person is an application submitted to the Ministry of Justice of Georgia by an interested person or a request submitted by the competent authority of a foreign state.

2. The application of the interested person/request of the competent authority of a foreign state must be accompanied by:

a) full identification data of the convicted person (name, surname, date and place of birth, data of the identity document and other information);

b) a document confirming the citizenship of Georgia of the convicted person or the status of a person permanently residing in Georgia;

c) a document confirming the granting of the relevant authority by the convicted person to be transferred to the applicant, and if the applicant is a close relative – a document confirming the relevant family relationship.

3. Upon receipt of a request of the competent authority of a foreign state or an application of an interested person, the Ministry of Justice of Georgia shall request from the relevant agencies of the foreign state the documents provided for by paragraph 8 of Article 43 of this Law.

4. If the basis for initiating the procedure for transfer of a convicted person is an application of an interested person, the Ministry of Justice of Georgia shall submit to the competent authority of the foreign state an initial request on initiating consideration of the issue of transfer of the convicted person. The initial request includes a request to provide the documents necessary for consideration and resolution of the transfer issue and does not constitute a request for transfer.

5. If the procedure for transfer of a convicted person is carried out by a request of a foreign state and the request does not contain all necessary documents and data and/or the submitted material is not sufficient to make a decision on the transfer of the convicted person, the Ministry of Justice of Georgia shall request the necessary materials from the competent authority of the foreign state.

6. If necessary, the Ministry of Justice of Georgia shall receive from the interested person written confirmation on covering the expenses necessary for the transfer of the convicted person, which, together with other documents, after a positive decision on the transfer of the convicted person is made, shall be sent to the Penitentiary Service.

7. On the basis of the obtained documents, the Ministry of Justice of Georgia shall draw up a conclusion on the possibility of transfer of the convicted person, which shall be approved by a person authorized by the Minister of Justice of Georgia.

8. In the case of drawing up a negative conclusion, indicating the relevant grounds, the interested person/requesting party shall be notified within 1 week.

9. If the conclusion provided for by paragraph 7 of this Article is positive, within 1 month from its approval, the Ministry of Justice of Georgia, together with other documents related to the transfer of the convicted person, sends the sentence to be enforced in Georgia to the relevant court for the purpose of carrying out the procedures provided for by Article 289 of the Criminal Procedure Code of Georgia.

10. In accordance with paragraph 7 of Article 289 of the Criminal Procedure Code of Georgia, a copy of the ruling received from the court, together with a translation, shall be sent to the competent authority of the foreign state. A request for transfer shall be attached to the copy of the court ruling.

11. If the foreign state confirms its willingness to transfer the convicted person, the Ministry of Justice of Georgia prepares a draft order of the Minister of Justice on the transfer of the convicted person.

12. In the event of a positive decision being taken by the Minister of Justice of Georgia, the Ministry of Justice of Georgia sends the Minister's order on the transfer of the convicted person to the Penitentiary Service for the purpose of carrying out the transfer procedures.

13. In the event that a transferred convicted person is released in the foreign state from criminal liability and/or from the further serving of the sentence by an act of amnesty or pardon, by a relevant court judgment or on another lawful ground, the Ministry of Justice of Georgia, upon receiving information to that effect from the competent authority of the sentencing state, shall immediately apply to the Penitentiary Service with a request for the release of the convicted person from the further serving of the sentence.

Law of Georgia of 13 December 2013 No. 1798 – website, 28.12.2013.

Law of Georgia of 5 July 2018 No. 3138 – website, 11.07.2018.

Article 46. Transit transfer of a convicted person🔗

1. Matters related to the transit transfer through the territory of Georgia of a convicted person to be handed over by a foreign state to a third state shall be decided by the Ministry of Justice of Georgia.

2. The competent authority of the state transferring the convicted person shall apply to the Ministry of Justice of Georgia with a request for the transit transfer of the convicted person through the territory of Georgia.

3. The Ministry of Justice of Georgia shall apply to the competent authority of another state with a request for the transit transfer through the territory of that state of a convicted person to be handed over to Georgia.

Article 47. Enforcement in a foreign state of a judgment rendered by a competent court of Georgia (except confiscation of property)🔗

1. Where the relevant legal ground exists, a competent court of Georgia is entitled to apply to the Ministry of Justice of Georgia with a request for the enforcement in a foreign state of a judgment rendered by it.

2. A judgment rendered by a competent court of Georgia shall be enforced in a foreign state in accordance with the legislation of that state.

3. It is inadmissible to enforce on the territory of Georgia a judgment rendered against a convicted person in that part of the sentence whose enforcement was requested from the competent authority of a foreign state through the Ministry of Justice of Georgia.

4. The rule provided for by paragraph 3 of this Article shall not apply in the case where imprisonment was applied as a punishment to the convicted person and, by the moment of submission of the request for the enforcement of the judgment in a foreign state to the competent authority of the foreign state, the said person is detained on the territory of Georgia.

5. In addition to the case provided for by paragraph 4 of this Article, the competent authorities of Georgia are entitled to themselves enforce a judgment sent to a foreign state for enforcement, if:

a) the judgment sent to a foreign state for enforcement was requested by the Ministry of Justice of Georgia before receipt of a notification from the foreign state regarding enforcement;

b) the foreign state refused to enforce the judgment rendered by a competent court of Georgia;

c) on the basis of an agreement between the Ministry of Justice of Georgia and the corresponding authority of the foreign state, the foreign state waived the right to enforce the judgment rendered by a competent court of Georgia;

d) the possibility of enforcement by the foreign state of the judgment rendered by a competent court of Georgia no longer exists.

6. If a judgment sent by a competent court of Georgia to a foreign state for enforcement was changed or set aside due to newly discovered or newly revealed circumstances, or if, under the judgment sent for enforcement, the convicted person was affected by an act of amnesty or pardon in accordance with the legislation of Georgia, the competent authority of the corresponding state must be immediately notified thereof through the Ministry of Justice of Georgia.

7. In the case where the convicted person was in detention on the territory of Georgia and was subsequently handed over to a foreign state for the purpose of enforcing a judgment rendered by a competent court of Georgia, a request of the foreign state regarding consent to subjecting him to criminal liability for the commission of another crime or to the enforcement of a judgment prior to his handover shall be considered by the Ministry of Justice of Georgia.

8. The Ministry of Justice of Georgia shall be obliged to grant the request of a foreign state provided for by paragraph 7 of this Article, if the new crime is subject to extradition in accordance with the legislation of Georgia or is not subject to extradition only on the ground that it fails to meet the requirement established with respect to the measure of punishment.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 4⁸. Form of a request for the enforcement in a foreign state of a judgment rendered by a competent court of Georgia (except for confiscation of property) and the documents attached thereto🔗

A request for the enforcement in a foreign state of a judgment rendered by a competent court of Georgia shall be drawn up in written form. The following documents shall be attached thereto:

a) the original of the judgment to be forwarded for enforcement in the territory of the foreign state or a duly certified copy thereof;

b) at the request of the foreign state, the materials of the relevant criminal case or duly certified copies thereof.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 49. Conditions for forwarding to a foreign state for enforcement a judgment rendered by a competent court of Georgia (except for confiscation of property)🔗

If there is a relevant legal ground, the Ministry of Justice of Georgia is entitled to apply to the competent authority of a foreign state with a request for the enforcement in the foreign state of a judgment rendered by a competent court of Georgia:

a) if the convicted person has a place of residence in the relevant foreign state;

b) if the enforcement in a foreign state of a judgment rendered by a competent court of Georgia will contribute to the better social rehabilitation of the convicted person;

c) if the judgment on the basis of which imprisonment has been imposed on the person as a punishment may be enforced in the territory of the foreign state after the said person serves another punishment imposed in the form of imprisonment which was imposed on him or her on the basis of a judgment rendered by the competent authority of the foreign state;

d) if the relevant foreign state is the state of origin of the person convicted by a competent court of Georgia and it assumes the obligation to enforce the judgment;

e) if the relevant authorities of Georgia consider that even in the case of a possibility of extradition they will not be able to ensure the enforcement of the judgment, and the foreign state will be able to enforce the judgment rendered by a competent court of Georgia;

f) in other cases provided for by an international treaty of Georgia or an individual agreement.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 50. General procedure for enforcement in the territory of Georgia of a judgment rendered by a competent court of a foreign state (except confiscation of property)🔗

1. Where the relevant legal grounds exist, an application for the enforcement in the territory of Georgia of a judgment rendered by a competent court of a foreign state, together with the attached materials, shall be sent through the Ministry of Justice of Georgia to the relevant district (city) court according to the place of residence of the convicted person or to a competent court determined by the Chairperson of the Supreme Court of Georgia.

2. The documents provided for by paragraph 1 of this Article shall be sent to the relevant district (city) court only if the Ministry of Justice of Georgia considers it possible to carry out the relevant measures in connection with the enforcement in the territory of Georgia of a judgment rendered by a competent court of a foreign state.

3. Before a decision is taken on the enforcement in the territory of Georgia of a judgment rendered by a competent court of a foreign state, the convicted person shall be given the opportunity to submit to the relevant district (city) court his/her own opinions in connection with the enforcement of the judgment.

4. The relevant district (city) court is entitled to consider the convicted person's opinions in connection with the enforcement in the territory of Georgia of a judgment rendered against him/her by a competent court of a foreign state both through the personal appearance of the convicted person before the court and through an application for the provision of legal assistance.

5. The relevant district (city) court shall be obliged to hear in person the convicted person's opinions in connection with the enforcement in the territory of Georgia of a judgment rendered against him/her by a competent court of a foreign state only in the case where the convicted person himself/herself requests the carrying out of the said procedure.

6. When considering the issue of the enforcement in the territory of Georgia of a judgment rendered by a competent court of a foreign state, the relevant district (city) court, in addition to the issues provided for by this Chapter, shall verify:

a) whether there exists a relevant legal ground for the enforcement in the territory of Georgia of a judgment rendered by a competent court of a foreign state;

b) whether there exist the obstructive circumstances provided for by subparagraphs „a“ and „b“ of paragraph 1 of Article 55 of this Law;

c) whether, in the case of the enforcement in the territory of Georgia of a judgment rendered by a competent court of a foreign state, the principle of the prohibition of repeated conviction for the same crime would be violated;

d) whether there exist other obstructive circumstances provided for by an international treaty or an individual agreement of Georgia, or by the criminal legislation of Georgia.

7. When considering the issue of enforcement on the territory of Georgia of a sentence rendered by a competent court of a foreign state, the relevant district (city) court is limited by the factual circumstances that are presented in the sentence of the foreign state or follow from it.

8. The relevant district (city) court shall consider the issue of enforcement on the territory of Georgia of a sentence rendered by a competent court of a foreign state and shall adopt the relevant judgment no later than 4 months from the receipt of the documents provided for by paragraph 1 of this Article.

9. The judgment provided for by paragraph 8 of this Article shall be adopted in the form of a ruling and shall be appealed in the same manner as a sentence rendered on the territory of Georgia.

10. The Ministry of Justice of Georgia shall be obliged to immediately notify the relevant foreign state about the measures taken in connection with the enforcement on the territory of Georgia of a sentence rendered by its competent court.

11. Upon the relevant request, a copy of the ruling provided for by paragraph 9 of this Article shall be sent to the competent authority of the foreign state.

12. In the enforcement on the territory of Georgia of a sentence rendered by a competent court of a foreign state, the legislation of Georgia shall be applied, except for the case provided for by paragraph 3 of Article 52 of this Law.

13. In the enforcement on the territory of Georgia of a sentence rendered by a competent court of a foreign state, an act of amnesty or pardon issued by both the competent authorities of the foreign state and of Georgia shall be applied to the convicted person.

14. In the case where the convicted person was in detention on the territory of a foreign state and was subsequently transferred to Georgia for the purpose of enforcement of the sentence, it is inadmissible to conduct criminal prosecution against him or to convict him for the commission of any other crime prior to his transfer, except for the crime for the commission of which his transfer to Georgia for the purpose of enforcement of the sentence took place.

15. If otherwise not provided by an international treaty of Georgia or an individual agreement, the rule provided for by paragraph 14 of this Article shall not apply in the case where:

a) the state which carried out the transfer of the convicted person to Georgia for the purpose of enforcement of the sentence consents thereto;

b) the convicted person transferred for the purpose of enforcement of a sentence rendered by a competent court of a foreign state, who had the opportunity to leave the territory of Georgia, did not leave it within 45 days from his final release, or returned again to Georgia after leaving its territory.

16. In the case provided for by subparagraph „a“ of paragraph 15 of this Article, the request for consent from the competent authority of the foreign state shall be carried out through the Ministry of Justice of Georgia, on the basis of the relevant application, to which the written opinion of the convicted person and all other necessary documents shall be attached.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 51. Procedure for the enforcement on the territory of Georgia of a judgment rendered by a competent court of a foreign state, related to imprisonment as a punishment🔗

1. After taking a decision on the enforcement on the territory of Georgia of a judgment rendered by a competent court of a foreign state, related to imprisonment as a punishment, the competent district (city) court shall impose on the convicted person the punishment provided for by the legislation of Georgia for a crime of a similar type.

2. The type or measure of the punishment imposed by the competent district (city) court in accordance with paragraph 1 of this Article may differ from the type or measure of the punishment established by the judgment rendered by the competent court of a foreign state.

3. If the measure of the punishment established by the judgment rendered by the competent court of a foreign state is less than the minimum measure of punishment provided for by the Criminal Code of Georgia for a crime of a similar type, the competent district (city) court shall apply to the convicted person the measure of punishment that is provided for by the legislation of the state initiating the request.

4. When imposing the punishment determined by this Article, the respective district (city) court shall not be entitled to aggravate the situation of the convicted person to a greater extent than is provided for by the judgment rendered by the competent court of a foreign state.

5. The period of time during which the person was in pre-trial detention or was serving the sentence on the basis of a judgment transferred to Georgia for enforcement shall be counted in the total term of the punishment imposed by the respective district (city) court in accordance with this Article.

Article 52. Procedure for the enforcement on the territory of Georgia of a judgment rendered by a competent court of a foreign state, related to a fine as a punishment🔗

1. When taking a decision on the enforcement on the territory of Georgia of a judgment rendered by a competent court of a foreign state, related to a fine as a punishment, the competent district (city) court shall issue a ruling on the enforcement of the fine imposed on the person as a punishment.

2. When issuing the ruling provided for by paragraph 1 of this Article, the respective district (city) court shall ensure the conversion into GEL of the amount of the fine imposed on the person as a punishment by the competent court of a foreign state, according to the exchange rate existing at the time of taking the decision.

3. The fine provided for by paragraph 2 of this Article shall be collected in accordance with the procedure established by the state initiating the request.

4. The amount of the fine imposed on the person as a punishment by the competent court of a foreign state shall be transferred to the State Budget of Georgia.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 53. Procedure for the enforcement on the territory of Georgia of a judgment rendered by a competent court of a foreign state related to deprivation of the right to hold office or to engage in activity as a punishment🔗

1. A judgment rendered by a competent court of a foreign state related to deprivation of the right to hold office or to engage in activity as a punishment shall be enforced on the territory of Georgia only if the Criminal Code of Georgia provides for the application of the said punishment for the same type of crime.

2. After taking into account all necessary circumstances, the competent district (city) court decides whether or not to enforce the judgment provided for by this Article on the territory of Georgia.

3. If the relevant district (city) court adopts a decision on the enforcement of the judgment provided for by this Article on the territory of Georgia, the convicted person shall be sentenced within the term provided for by the Criminal Code of Georgia; it shall not exceed the term of the punishment established by the judgment rendered by the competent court of the foreign state.

Article 54. Temporary measures related to the enforcement of a judgment🔗

1. In the event that, on the basis of a judgment of a competent court of Georgia, a person has been sentenced to imprisonment and is located in the territory of Georgia, on the basis of a ruling of a competent magistrate judge, detention may be applied to the convicted person as a temporary measure after the competent authority of a foreign state consents to the enforcement of the judgment rendered against him/her.

2. The ruling provided for by paragraph 1 of this Article shall be issued for the purpose of ensuring the enforcement in a foreign state of the judgment of a competent court of Georgia and the transfer of the convicted person to the respective foreign state.

3. On the basis of the temporary measure provided for by paragraph 1 of this Article, a person in detention shall be immediately transferred to the respective foreign state after the Ministry of Justice of Georgia receives consent to the enforcement of the judgment of a competent court of Georgia.

4. In the event that a request from a foreign state has been received by the Ministry of Justice of Georgia for the enforcement in Georgia of a judgment rendered by its competent court, on the basis of which a person located in the territory of Georgia has been sentenced to imprisonment, on the basis of a ruling of the respective magistrate judge, detention may be applied to the person as a temporary measure if the act for the commission of which the enforcement in the territory of Georgia of the judgment rendered by the competent court of the foreign state is requested is considered a crime under the Criminal Code of Georgia and, in the event of its commission, the application of detention as a measure of restraint against the person is possible in accordance with the Criminal Procedure Code of Georgia.

5. Detention may also be applied as a temporary measure to a person convicted by a competent court of a foreign state in the event that the competent authority of the foreign state expresses a desire for the enforcement in the territory of Georgia of the judgment rendered against him/her.

6. The basis for the application of the temporary measure provided for by paragraph 5 of this Article shall be a written request from the respective foreign state, which must contain:

a) information on the crime for the commission of which the person was convicted;

b) information on the place and time of the commission of the crime;

c) a description of the person who committed the crime;

d) a brief description of the factual circumstances of the case that served as the basis for rendering the judgment.

7. The issue of the application of the temporary measure provided for by paragraph 5 of this Article shall be considered by the respective magistrate judge. Detention as a temporary measure may be applied to the convicted person only if the conditions provided for by paragraph 4 of this Article are met.

8. The term of detention applied as a temporary measure to a convicted person located in the territory of Georgia for the purpose of enforcement of a judgment rendered by a competent court of a foreign state shall not exceed the term established in respect of him by the judgment; otherwise, the convicted person shall be immediately released from detention.

9. A convicted person located in the territory of Georgia shall also be released from detention if the temporary measure provided for by paragraph 5 of this Article has been applied to him and within 18 days from his arrest the Ministry of Justice of Georgia has not received a request and materials from the competent authority of the foreign state on enforcement of the judgment.

10. Immediately upon the arrest of a convicted person for the purpose of enforcement of a judgment provided for by this Chapter, the relevant district prosecutor according to his place of location shall be notified thereof, who within 48 hours shall apply by request to the relevant magistrate judge according to the place of arrest, requesting the application of detention as a temporary measure in respect of the convicted person.

11. The magistrate judge shall consider the issue of application of detention as a temporary measure in respect of the convicted person in accordance with the procedure established by Article 206 of the Criminal Procedure Code of Georgia and taking into account the peculiarities of the procedures for enforcement of a judgment. The decision of the magistrate judge may be appealed by the convicted person within 7 days from his transfer to the Investigative Chamber of the Court of Appeal, which shall consider the appeal within 5 days.

12. The term of the temporary measure provided for by this Article is 2 months, which, due to the need arising from the enforcement of the judgment, may be extended by 2 months, but not more than twice.

13. In the case provided for by paragraph 12 of this Article, on the basis of a reasoned request of the prosecutor, the term of detention as a temporary measure shall be extended by the relevant magistrate judge, whose decision may be appealed in accordance with the procedure provided for by Article 207 of the Criminal Procedure Code of Georgia to the Investigative Chamber of the Court of Appeal.

14. (removed – 20 July 2018, No. 3156).

15. (removed – 20 July 2018, No. 3156).

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 55. Grounds for refusal to enforce in the territory of Georgia a judgment rendered by a competent court of a foreign state🔗

1. A judgment rendered by a competent court of a foreign state shall not be enforced in the territory of Georgia if:

a) the act for which a person was sentenced in a foreign state is not considered a crime under the legislation of Georgia and the person against whom the judgment was rendered would not be subject to criminal prosecution or punishment if the act had been committed in the territory of Georgia;

b) enforcement of a judgment rendered by a competent court of a foreign state is contrary to the fundamental principles of the legal system of Georgia;

c) Georgia considers the crime in connection with which the competent court of a foreign state rendered the judgment to be a political or military crime;

d) there is a reasonable presumption that the judgment was rendered by a competent court of a foreign state or the person’s situation was aggravated on account of his or her race, nationality, ethnic origin, religious or political views or other similar circumstances;

e) enforcement of a judgment rendered by a competent court of a foreign state is contrary to the international obligations assumed by Georgia;

f) the relevant authorities of Georgia are conducting proceedings in connection with the same crime for the commission of which enforcement of the judgment against the person is requested;

g) in connection with the crime for the commission of which enforcement of the judgment is requested, there is a judgment rendered by a court of Georgia or the relevant authorities of Georgia have adopted a final decision on termination of criminal prosecution against the person;

h) in connection with the crime for the commission of which enforcement of the judgment is requested, the relevant authorities of Georgia have adopted a final decision on refusal to initiate criminal prosecution;

i) the crime for the commission of which enforcement of the judgment is requested was committed outside the territory of the state initiating the request;

j) Georgia is unable to enforce a judgment rendered by a competent court of a foreign state;

k) the relevant authority of Georgia considers that the foreign state itself is able to enforce the judgment rendered by its competent court;

l) for the crime for the commission of which enforcement of the judgment is requested, under the Criminal Code of Georgia the limitation period has expired, which releases the person from serving the sentence;

m) on the basis of the judgment of a competent court of a foreign state, only deprivation of the right to hold office or to engage in activity has been applied to the person as a punishment.

2. In addition to the conditions provided for by paragraph 1 of this Article, a judgment rendered by a competent court of a foreign state shall also not be enforced in the territory of Georgia in cases of the existence of other obstructive circumstances provided for by an international treaty of Georgia or an individual agreement.

Article 56. Effect of a judgment rendered by a competent court of a foreign state on proceedings conducted in Georgia🔗

During proceedings conducted in Georgia against a person, the body conducting the proceedings shall take into account a judgment rendered in the territory of a foreign state against the same person for the commission of another crime only if this is provided for by a relevant international treaty or an individual agreement.

Article 56¹. Property subject to confiscation🔗

1. For the purposes provided for by this Chapter, the object and/or instrument of the crime, a thing intended for the commission of the crime and/or property obtained by criminal means (all things and intangible property benefits, a legal document conferring a right to property), as well as any type of income derived from this property or property equivalent to their value shall be subject to confiscation.

2. Property provided for by Chapter XLIV¹ of the Civil Procedure Code of Georgia shall also be subject to confiscation in accordance with the procedure established by the same Chapter.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 56². Types of international cooperation related to confiscation of property🔗

1. Where a relevant legal basis exists, the following types of cooperation related to confiscation of property may be carried out between the Prosecutor's Office of Georgia and a competent body of a foreign state:

a) search, seizure and/or imposition of attachment on property;

b) implementation of another measure provided for by the legislation of the requested state that will facilitate the identification and tracing of property subject to confiscation, including the tracing and monitoring of information on bank accounts and bank transfers;

c) confiscation of property;

d) distribution (division) of confiscated property between the competent bodies of the requesting state and the requested state.

2. If there is a reasoned assumption that property subject to confiscation will be concealed or destroyed, the competent body of the requesting state is entitled to apply to the requested state with a request that, before sending the request for confiscation of property, it carry out the measures provided for by subparagraph „a“ of paragraph 1 of this Article.

3. In the case provided for by paragraph 2 of this Article, the competent body of the requesting state shall substantiate the necessity of search, seizure and/or imposition of attachment on property before sending the request for confiscation of property.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 56³. Form of the application on international cooperation related to confiscation of property and the attached documents🔗

1. Unless otherwise provided by the relevant legal grounds, the application on international cooperation related to confiscation of property shall be drawn up in writing and shall indicate the following information:

a) the name of the competent authority of the state initiating the application, as well as the name of the agency directly carrying out the procedures related to confiscation of property;

b) the name of the competent authority of the state receiving the application;

c) the subject and grounds of the request;

d) a description of the factual circumstances of the criminal case and the legal qualification of the criminal act;

e) an extract from the relevant legislative acts;

f) where necessary, data on the person(s) against whom proceedings are ongoing in a foreign state and/or in respect of whom assistance is requested;

g) data on the property in respect of which assistance is requested, including information on the location of the property, its connection with a specific person(s) and/or the crime;

h) information on the procedures which the state initiating the application requests to be carried out in the course of providing assistance.

2. Unless otherwise provided by the relevant legal grounds, the application on cooperation provided for by subparagraph „a“ of paragraph 1 of Article 56² of this Law shall also be accompanied by the original or a certified copy of the decision on the search, seizure and/or attachment of property subject to confiscation, adopted by the competent authority of the state initiating the application.

3. If, on the basis of subparagraph „b“ of paragraph 1 of Article 56² of this Law, the conduct of an investigative action restricting the constitutional rights of a person is requested, the relevant application on cooperation shall also be accompanied by the original or a certified copy of the decision on granting permission to carry out the requested measure, adopted by the competent authority of the state initiating the application, unless otherwise provided by the relevant legal grounds.

4. Unless otherwise provided by the relevant legal grounds, the application on cooperation provided for by subparagraph „c“ of paragraph 1 of Article 56² of this Law shall also be accompanied by the following information and documents:

a) the original or a certified copy of the decision on confiscation of property adopted by the competent authority of the state initiating the application;

b) written confirmation by the competent authority of the state initiating the application that the decision on confiscation of property is final and subject to immediate enforcement;

c) information on the extent to which enforcement of the decision on confiscation of property is requested;

d) information on the application of additional measures in the process of enforcement of confiscation of property;

e) information on whether third parties have raised any claims in connection with the property subject to confiscation.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 56⁴. Proactive provision of information on property subject to confiscation🔗

Information on property subject to confiscation may be proactively provided by the State that obtained this information to the other State on its own initiative, if the provision of the said information to the other State will facilitate the initiation of an investigation/criminal prosecution on its territory or the initiation of a request for international cooperation provided for by this Chapter.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 56⁵. Procedures for the enforcement in Georgia of a request of a foreign state concerning international cooperation related to confiscation of property🔗

1. Where the relevant legal grounds exist, the Prosecutor's Office of Georgia is entitled to consider a request of a competent authority of a foreign state concerning the implementation on the territory of Georgia of the measures provided for by Article 56² of this Law.

2. If the documentation on international cooperation submitted by the foreign state is not sufficient for rendering assistance, the Prosecutor's Office of Georgia shall apply to the competent authority of the relevant foreign state with a request for the submission of additional information/documentation.

3. If the submitted request meets the requirements established by the relevant legal grounds, the Prosecutor's Office of Georgia shall, within a reasonable time, ensure the rendering of assistance to the relevant competent authority of the foreign state.

4. When rendering on the territory of Georgia the assistance provided for by this Chapter in connection with confiscation of property, the rules established by the legislation of Georgia for the implementation of similar measures shall apply, taking into account the specificities of international cooperation.

5. If the competent authority of a foreign state has requested the rendering of the assistance provided for by subparagraph „c“ of paragraph 1 of Article 56² of this Law and the submitted documentation meets the requirements established by the legislation of Georgia, the Prosecutor's Office of Georgia shall, according to the location of the property, apply to the relevant district (city) court within a reasonable time with a request for the satisfaction of the foreign state's request concerning the confiscation of property.

6. The district (city) court shall consider the submitted request and materials within 1 month of receipt, with the participation of the prosecutor and of the person whose property rights may be infringed by the confiscation of property, and shall adopt a judgment on the satisfaction of the submitted request or on refusal to satisfy it. If it is necessary to request additional information from the foreign state, the said time limit may be extended by a judgment of the court for a reasonable period.

7. When considering the issue of the enforcement in Georgia of a decision of a competent authority of a foreign state in connection with confiscation of property, the relevant district (city) court shall hear the opinions of the parties and shall verify:

a) whether there exists a relevant legal ground for the enforcement in Georgia of the decision of the competent authority of a foreign state in connection with confiscation of property;

b) whether the competent authority of the foreign state has fully submitted the request and materials in connection with confiscation of property on the territory of Georgia;

c) whether there exist the obstructive circumstances provided for by Article 56⁶ of this Law, except for the circumstance provided for by subparagraph „b“ of paragraph 1 of the same Article;

d) whether there exist other obstructive circumstances provided for by an international treaty of Georgia, an individual agreement or the criminal legislation of Georgia;

e) whether there exists a legal claim of third persons in relation to the property subject to confiscation.

8. When considering the issue of enforcement in Georgia of a decision of a competent authority of a foreign state relating to confiscation of property, the court is limited to the factual circumstances that are set out in the said decision or follow from it.

9. The decision provided for by paragraph 6 of this Article shall be adopted in the form of a ruling, which may be appealed, within 15 days from its announcement, to the Chamber of Criminal Cases of the Court of Appeal by the prosecutor and/or the person whose property rights may be infringed by the confiscation of property. The Court of Appeal shall consider the appeal within 1 month from the receipt of the appealed decision and the relevant materials. If it is necessary to request additional information from a foreign state, this time limit may be extended for a reasonable period.

10. The decision of the Court of Appeal may be appealed, within 15 days from its announcement, to the Chamber of Criminal Cases of the Supreme Court of Georgia by the prosecutor and/or the person whose property rights may be infringed by the confiscation of property. The Supreme Court of Georgia shall consider the appeal and, within 1 month from the receipt of the appealed decision and the relevant materials, shall adopt a decision, which is final and not subject to appeal.

11. After the court adopts a final decision on the confiscation of property provided for by Article 56¹ of this Law, the confiscated property shall be transferred for temporary storage to the Legal Entity of Public Law within the governance sphere of the Ministry of Justice of Georgia − the National Bureau of Enforcement.

12. The Prosecutor's Office of Georgia shall provide information on the results of the execution of a request for international cooperation related to the confiscation of property to the competent authorities of the relevant foreign state.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 56⁶. Grounds for refusal of international cooperation related to confiscation of property🔗

1. Unless otherwise provided by the relevant legal grounds, a request of a foreign state related to confiscation of property shall not be enforced on the territory of Georgia if:

a) the execution of a request submitted by a competent authority of a foreign state contradicts the fundamental principles of the legal system of Georgia;

b) the execution of a request submitted by a competent authority of a foreign state may cause damage to the sovereignty, security, public order or other essential interest of Georgia;

c) the assistance requested by a request submitted by a competent authority of a foreign state is not of such significance as would justify its enforcement on the territory of Georgia;

d) Georgia considers the crime in connection with which the provision of assistance is requested to be a political crime;

e) the provision of the assistance requested by a request submitted by a competent authority of a foreign state would contradict the principle of Non bis in idem;

f) the crime in connection with which the provision of assistance is requested is not considered a crime under the Criminal Code of Georgia, except where the submitted request seeks the implementation of such a measure provided for by subparagraph "b" of paragraph 1 of Article 56² of this Law as does not restrict the constitutional rights of a person;

g) there is a reasonable assumption that, as a result of the provision of assistance, the person may become a victim of discrimination on grounds of race, nationality, ethnic origin, religious or political views or other similar circumstances;

h) the provision of the assistance requested by a request submitted by a competent authority of a foreign state contradicts the international obligations assumed by Georgia.

2. Unless otherwise provided by the relevant legal grounds, assistance shall also not be provided on the territory of Georgia if the request submitted by a competent authority of a foreign state seeks the implementation of measures restricting the constitutional rights of a person provided for by subparagraphs "a" and "b" of paragraph 1 of Article 56² of this Law, and in the case of the commission within the jurisdiction of Georgia of such a crime in connection with which the provision of assistance is requested, the competent authorities of Georgia would not have the possibility of implementing such measures in the course of the relevant proceedings.

3. Unless otherwise provided by the relevant legal grounds, the provision of assistance provided for by subparagraph "c" of paragraph 1 of Article 56² of this Law shall also not take place on the territory of Georgia if:

a) the limitation period defined by the Criminal Code of Georgia has expired for the crime in connection with which the provision of assistance is requested, which releases the person from criminal liability and from serving the sentence;

b) a decision on confiscation of property issued by a competent authority of a foreign state is not final;

c) the competent authority of a foreign state issued a decision on confiscation of property in the absence of the person, and at that time the person was not ensured the minimum right of defence;

d) the legislation of Georgia does not provide for confiscation of the property requested by a competent authority of a foreign state.

4. A request of a foreign state relating to confiscation of property shall not be enforced in the territory of Georgia if there are other impediments provided for by an international treaty or an individual agreement of Georgia.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 56⁷. Postponement of the execution of a request of a foreign state on international cooperation related to confiscation of property🔗

The execution of a request of a foreign state on international cooperation related to confiscation of property may be postponed if its execution will cause damage to proceedings ongoing in the territory of Georgia.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 56⁸. Rule for resolving conflicting requests on international cooperation related to confiscation of property🔗

If there are conflicting requests on international cooperation related to confiscation of property, when carrying out cooperation, the Prosecutor's Office of Georgia shall, along with other circumstances, take into account the place and time of the commission of the crime, the gravity of the crime, and the dates of the adoption of decisions by the competent authorities of the respective foreign states and of the application to the Prosecutor's Office of Georgia with a request for assistance.

Law of Georgia of 20 July 2018 No. 3156 – website, 06.08.2018.

Article 56⁹. Rule for the disposal of property confiscated on the basis of a request by a competent authority of a foreign state🔗

1. After the property provided for by Article 56¹ of this Law is transferred for temporary storage to a Legal Entity of Public Law within the governance sphere of the Ministry of Justice of Georgia — the National Bureau of Enforcement — the Prosecutor's Office of Georgia shall be entitled to conduct negotiations on the distribution (division) of the confiscated property with the competent authority of the state on the basis of whose request its confiscation took place.

2. Distribution (division) of the confiscated property to the respective foreign state shall not take place if that state renounces this property and/or the total value of the said property does not exceed GEL 40,000.

3. In the case provided for by paragraph 2 of this Article, by decision of the Prosecutor's Office of Georgia, the confiscated property shall be transferred into the ownership of the State of Georgia.

4. If the circumstances provided for by paragraph 2 of this Article do not exist, half of the confiscated property may be transferred to the respective foreign state, and the remaining part of the property shall be transferred into the ownership of the State of Georgia.

5. If the confiscated property is not a sum of money, in order to ensure the distribution (division) of the said property to the respective foreign state, the said property may be alienated.

6. When distributing (dividing) the confiscated property to a foreign state, the interests of the owners of this property and of the persons who suffered damage as a result of the crime shall be taken into account.

7. Before a decision is taken on the distribution (division) of the confiscated property to the respective foreign state, the value of this property shall be reduced by the expenses incurred by the competent authorities of Georgia for the search, confiscation and storage of the said property.

8. The Prosecutor's Office of Georgia shall conclude an individual agreement with the respective foreign state on the distribution (division) of the confiscated property.

9. The Prosecutor's Office of Georgia and the competent authority of the respective foreign state may agree on conditions for the distribution (division) of the confiscated property different from those established by this Article.

Law of Georgia of 20 July 2018 No. 3156 – website, 6 August 2018.

Article 57. Entry into force of the Law🔗

This Law shall enter into force on 1 October 2010.

President of Georgia M. Saakashvili

Tbilisi,

21 July 2010.

No. 3541–rs