Juvenile Justice Code

Law of Georgia

Juvenile Justice Code

Article 1. Juvenile Justice Legislation and Its Purpose 1. This Code establishes the specifics of the administrative and criminal liability of a minor, of proceedings in a case of an administrative offence involving a minor, and of criminal proceedings, and the special rules for the execution of punishment and other measures.🔗

2. The purpose of this Code is the protection of the best interests of a minor in the justice process, the resocialisation-rehabilitation of a minor in conflict with the law, the protection of the rights of a minor victim and a minor witness, the prevention of secondary victimisation of a minor victim and a minor witness and of re-victimisation of a minor victim, the prevention of new crime and the protection of law and order.

3. This Code complies with the Constitution of Georgia, the Convention on the Rights of the Child, and the universally recognised principles and norms of international law.

Article 2. Scope of operation and rules of application of the Juvenile Justice Code, analogy of law 1. This Code shall apply to a minor in conflict with the law, a minor victim and a minor person subject to questioning/witness when participating in the juvenile justice process. The norms established by Articles 38–48 of this Code (except subparagraph „g“ of paragraph 1 of Article 42 and Article 46) shall also extend to a person from 18 to 21 years of age, if there is a reasoned assumption that he/she has committed a less serious crime or a serious crime provided for by the Criminal Code of Georgia.🔗

2. In the juvenile justice process, the norms established by this Code shall apply. In respect of a person who was a minor at the time of committing the crime and subsequently became of full age, the substantive legal norms of this Code and the norms of the Criminal Procedure Code of Georgia shall apply.

3. In the juvenile justice process, the provisions of other normative acts of Georgia shall also apply, if they do not contradict this Code and/or provide a benefit for the minor.

4. In the juvenile justice process, the procedural norm that is in force at the time of the juvenile justice process shall apply. If, at the commencement of the juvenile justice process, the person was a minor and became of full age before the completion of the process, from the stage of the process when he/she became of full age, the norms of the Criminal Procedure Code of Georgia shall apply in respect of him/her.

5. In the presence of a gap in this Code, the use of analogy of law shall be permissible, if this does not restrict the human rights and freedoms guaranteed by the Constitution of Georgia and international treaties and if this does not contradict the best interests of the minor.

6. This Code shall also apply to a crime committed on an aircraft or sea vessel located outside the borders of Georgia bearing the flag of Georgia or an identification mark, unless otherwise provided by the international treaties and agreements of Georgia.

7. In accordance with the international treaties and agreements of Georgia, this Code may also be applied in the territory of another state.

8. When executing in the territory of Georgia a request of a court or investigative body of another state concerning the conduct of a procedural action in the juvenile justice process, the application of the legislation of the requesting state shall also be permissible, if this is provided for by the international treaties and agreements of Georgia and corresponds to the best interests of the minor.

Law of Georgia of 4 May 2017 No. 750 – website, 24.05.2017.

Law of Georgia of 30 May 2018 No. 2390 – website, 12.06.2018.

Article 3. Definition of basic terms For the purposes of this Code 1. Minor – a minor victim under 18 years of age, a minor witness, a minor in conflict with the law. For the purposes of administrative liability, a minor is a person who, at the time of committing an administrative offence, has reached 16 years of age but has not reached 18 years of age, and for the purposes of criminal liability – a person who, at the time of committing a crime, has reached 14 years of age but has not reached 18 years of age.🔗

2. Minor in conflict with the law – a person under 18 years of age, in respect of whom:

a) there is a reasonable assumption that he/she has committed a crime provided for by the Criminal Code of Georgia;

b) a protocol of an administrative offence has been drawn up, according to which he/she has committed an administrative offence for the commission of which administrative imprisonment is provided as the only or one of the types of administrative penalty;

c) a guilty verdict has been delivered or a decision has been made on the imposition of an administrative penalty for the administrative offence provided for by subparagraph "b" of this paragraph.

3. Minimum age of liability – the minimum age, which is 14 years for criminal liability, and 16 years for administrative liability.

4. Best interests of the minor − the interests of the minor's safety, well-being, health protection, education, development, resocialization-rehabilitation and other interests, which are determined in accordance with international standards and the individual characteristics of the minor, as well as taking into account his/her opinion.

5. Juvenile justice process – proceedings in an administrative offence case or a criminal case with the participation of a minor, including the investigation of a crime, criminal prosecution, consideration of the case in court, execution of the imposed sentence or other measure, and resocialization-rehabilitation.

6. Person conducting the juvenile justice process/participant in the process – a judge, investigator, prosecutor, police officer, lawyer, social worker, mediator, probation officer, witness and victim coordinator, personnel of a juvenile rehabilitation institution, personnel of the relevant detention institution, who participate in the juvenile justice process and who have undergone special training in juvenile justice, and in the case of an administrative offence provided for by subparagraph "b" of paragraph 2 of this article – also a person authorized to draw up a protocol of an administrative offence.

7. Diversion – a form of release from criminal liability, an alternative mechanism of criminal prosecution, the purpose of which is to promote the proper development and integration into society of the minor, and the prevention of a new crime.

8. Restorative justice measure – a measure that enables a minor in conflict with the law to realize his/her own responsibility for the committed act, to remedy the consequences of the crime, to compensate for the damage and/or to reconcile with the victim.

9. Mediation – a process of dialogue between a minor in conflict with the law and the victim, led by a mediator and aimed at the reconciliation of the minor and the victim and the resolution of the conflict between them. The legal representative of the minor, a psychologist, a social worker and/or another person also participate in the mediation process. If he/she so wishes, the prosecutor may also participate in this process.

10. Mediator – an impartial and independent third party, a person with appropriate qualifications, who acts as an intermediary between the minor and the victim, directs and coordinates the mediation process.

11. Legal representative – a close relative of the minor, a support person, a guardian, a curator, who participates in the juvenile justice process to protect the interests of the minor and enjoys the rights of the minor, except for those rights which, by the very nature of these rights, may be enjoyed only by the minor.

12. Procedural representative – an employee of the guardianship and curatorship body or another trusted person appointed by a judge, prosecutor or investigator, who, in the cases provided for by Article 50 of this Code, exercises representative authority on behalf of the minor and to protect his/her best interests. The procedural representative enjoys the same rights as the legal representative.

13. Minor victim – a minor who has suffered moral, physical or property damage directly as a result of an administrative offence or crime.

14. Minor witness – a minor who may have information related to an administrative offence case or a criminal case.

15. Secondary victimization – possible infliction of damage to a minor victim / minor witness as a result of his/her participation in the juvenile justice process.

16. Re-victimization – infliction of damage to a minor victim as a result of a new administrative offence or crime.

17. Juvenile rehabilitation facility – a specially protected institution provided with infrastructure and personnel appropriate to the special needs of minors, in which minors sentenced to imprisonment are placed and where their constant supervision is ensured.

18. Resocialization-rehabilitation – formation and development in a minor of a sense of responsibility, a sense of respect for the rights of other people, promotion of the physical, mental, spiritual, moral and social development of the minor and his/her preparation for taking a place in society.

19. Close relative – the parent, adoptive parent, child, foster child, grandfather, grandmother, sister, brother, spouse (including a divorced spouse) of a minor.

Law of Georgia No. 750 of 4 May 2017 – website, 24.05.2017.

Law of Georgia No. 2271 of 4 May 2018 – website, 21.05.2018.

Law of Georgia No. 3777 of 30 November 2018 – website, 20.12.2018.

Law of Georgia No. 929 of 7 September 2021 – website, 09.09.2021.

Law of Georgia No. 2815 of 2 May 2023 – website, 16.05.2023.

Article 4. Priority of the Best Interests of the Minor In the juvenile justice process, the best interests of the minor shall be taken into account first and foremost.🔗

Article 5. Prohibition of Discrimination Direct and indirect discrimination of a minor, as well as of his/her legal representative, on the ground(s) provided for by Article 1 of the Law of Georgia on the Elimination of All Forms of Discrimination shall be prohibited.🔗

Article 6. Right of the Minor to Harmonious Development In the juvenile justice process, a minor shall have the right to physical, mental, spiritual, moral and social development.🔗

Article 7. Proportionality A measure applied to a minor in conflict with the law shall be proportionate to the act committed and shall correspond to his/her personality, age, educational, social and other needs.🔗

Article 8. Priority of the Lightest Means and Alternative Measures 1. In the juvenile justice process, priority shall be given to the lightest means of achieving the purposes of the Criminal Code of Georgia, the Criminal Procedure Code of Georgia, the Code of Administrative Offences of Georgia, the Penitentiary Code and this Code.🔗

2. With respect to a minor, first of all, the possibility of applying diversion or a restorative justice measure shall be considered and it shall be assessed whether diversion or the measure better ensures the resocialisation-rehabilitation of the minor and the prevention of a new crime than the imposition of criminal liability and the application of punishment.

3. Any measure applied to a minor instead of consideration of the case in court shall serve the protection of the rights and legal guarantees of the minor.

Law of Georgia No. 3989 of 15 December 2023 – website, 26.12.2023.

Article 9. Detention as an Extreme Measure 1. Restriction of the liberty of a minor shall be inadmissible if the achievement of the purpose defined by law is possible through the application of a lighter measure.🔗

2. The apprehension, arrest of a minor and his/her imprisonment shall be permissible only as an extreme measure, which shall be applied for the shortest possible period and subject to regular review.

Law of Georgia No. 949 of 1 June 2017 – website, 20.06.2017.

Article 10. Participation of a minor in juvenile justice proceedings 1. A minor in conflict with the law has the right to participate in juvenile justice proceedings directly and/or through a legal representative. He/she also has the right to be heard and to have his/her opinions taken into account in accordance with his/her age and level of development.🔗

2. The lawyer of a minor in conflict with the law has the right, with the written consent of the minor's legal representative, independently of the minor's will, to file a complaint or to waive it, if this corresponds to the best interests of the minor.

3. If the demands of the minor and of his/her legal representative or procedural representative contradict each other, preference is given to the demand that most corresponds to the best interests of the minor.

4. An act carried out with the participation of a minor in juvenile justice proceedings shall correspond to his/her abilities of perception and understanding.

5. When carrying out an act with the participation of a minor in juvenile justice proceedings, the authorised body is obliged to provide the minor with information about his/her rights, as well as about the juvenile justice process and its consequences, and the mechanisms of support and appeal.

Law of Georgia of 20 September 2019 No. 5015 – website, 27.09.2019.

Law of Georgia of 21 May 2020 No. 5915 – website, 25.05.2020.

Article 11. Inadmissibility of protraction of juvenile justice proceedings 1. Juvenile justice proceedings shall be conducted without any unjustified protraction.🔗

2. The court is obliged to consider the case of a minor in conflict with the law as a priority.

Article 12. Criminal record of a minor 1. A minor's criminal record shall be considered expunged upon serving the sentence, and in the case of a conditional conviction – upon expiry of the probation period.🔗

2. The benefit provided for by paragraph 1 of this Article shall not apply if the minor again commits a crime. In such a case, the minor's criminal record shall be expunged:

a) in the case of a conditional conviction – upon expiry of the probation period;

b) in the case of conviction to a punishment lighter than imprisonment – 6 months after serving the sentence;

c) in the case of conviction to imprisonment for a less serious crime – 1 year after serving the sentence;

d) in the case of conviction to imprisonment for a serious crime – 3 years after serving the sentence;

e) in the case of conviction to imprisonment for an especially serious crime – 5 years after serving the sentence.

Article 13. Protection of the private life of a minor 1. The protection of the private life of a minor is ensured at any stage of juvenile justice proceedings.🔗

2. Information about a minor's criminal record and administrative liability is not public. Disclosure and publication of a minor's personal data is inadmissible, except in the cases provided for by the Law of Georgia "On Personal Data Protection".

Article 14. Individual approach to a minor 1. When a decision is made in respect of a minor, his/her individual characteristics shall be taken into account: age, level of development, living, upbringing and development conditions, education, state of health, family situation and other circumstances that make it possible to assess the peculiarities of the minor's character and behaviour and to determine his/her needs.🔗

2. At any stage of the juvenile justice process, the person conducting the proceedings shall treat the minor with particular attention.

Article 15. Procedural rights of a minor 1. At any stage of criminal proceedings, a minor accused/convicted/acquitted person and a victim shall be provided with free legal assistance, unless a lawyer retained by that minor (defence by agreement) participates in the case. At any stage of criminal proceedings, a minor person summoned for questioning/a witness may enjoy this right if he/she is indigent or is a person summoned for questioning/a witness in a case concerning any crime provided for by Chapters XIX, XX and XXII and Articles 1441–144³ of the Criminal Code of Georgia.🔗

1¹. An accused or convicted person between 18 and 21 years of age shall enjoy the right to free legal assistance.

2. At any stage of criminal proceedings, a minor shall also enjoy the following rights:

a) the right to receive information in a form appropriate to his/her development;

b) the right to receive the services of an interpreter free of charge – where there is a need to receive them;

c) the right to be accompanied by a legal representative or a procedural representative;

d) the right to receive consular assistance;

e) other rights provided for by the legislation of Georgia.

Law of Georgia of 30 May 2018 No. 2390 – website, 12.06.2018.

Article 16. Specialization in juvenile justice 1. Juvenile justice proceedings shall be conducted only by persons specialized in juvenile justice, except for the cases provided for by paragraph 8 of Article 120, paragraph 2 of Article 121 and paragraph 2 of Article 171 of the Criminal Procedure Code of Georgia. Procedural actions in respect of a minor person subject to questioning/witness participating in the proceedings of an adult person shall be carried out only by persons specialized in juvenile justice. If a procedural action in respect of a minor was carried out by a non-specialized person, he/she shall immediately notify a person specialized in juvenile justice thereof, who shall continue the proceedings, and the non-specialized person shall be immediately removed from the juvenile justice proceedings.🔗

2. A person provided for by paragraph 6 of Article 3 of this Code, except for the person authorized to draw up a protocol on an administrative offence in the case of an administrative offence provided for by subparagraph „b“ of paragraph 2 of the same Article, shall have undergone special training in the methodology of interaction with a minor and other related issues.

3. The standard of specialization of persons conducting juvenile justice proceedings and persons participating in these proceedings shall be determined by a Resolution of the Government of Georgia, and in the case of a judge – by a decision of the High Council of Justice of Georgia.

Law of Georgia of 30 May 2018 No. 2390 – website, 12.06.2018.

Article 17. Consideration of a minor's case in court 1. In a district (city) court, the case of a minor in conflict with the law shall be considered by a judge specialized in juvenile justice, and if the case is considered collegially – by a court collegium, at least two members of which, including the chairperson of the collegium, are judges specialized in juvenile justice.🔗

2. In the Court of Appeals and the Supreme Court of Georgia, the case of a minor in conflict with the law shall be considered by a court chamber, at least two members of which, including the chairperson of the chamber, are judges specialized in juvenile justice.

3. If the victim is a minor, when a case is considered collegially in a collegium of a district (city) court, as well as when a case is considered in the Court of Appeals and the Supreme Court of Georgia, the composition of the collegium/chamber shall include one judge specialized in juvenile justice.

Article 18. Investigator and prosecutor specialized in juvenile justice 1. A minor's case shall be investigated by an investigator specialized in juvenile justice.🔗

2. Prosecutorial activity in a minor's case shall be carried out by a prosecutor specialized in juvenile justice.

Article 19. Police officer specialized in juvenile justice 1. In the system of the Ministry of Internal Affairs of Georgia, a case of a minor shall be conducted by a police officer specialized in juvenile justice.🔗

2. The actions provided for by the Law of Georgia “On Police” with respect to a minor shall be carried out by an authorized representative of the Ministry of Internal Affairs of Georgia specialized in juvenile justice.

Article 20. Lawyer specialized in juvenile justice 1. A case of a minor shall be conducted by a lawyer specialized in juvenile justice, who shall be obliged, along with other documents provided for by law, to present a document of the form approved by the Georgian Bar Association confirming his/her specialization in juvenile justice.🔗

2. A permanent group of lawyers specialized in juvenile justice shall function within the Legal Aid Service, which, in the cases provided for by law, shall provide a minor with legal aid upon the first request, within the shortest time.

Article 21. Other persons specialized in juvenile justice A social worker, mediator, probation officer, witness and victim coordinator, personnel of a juvenile rehabilitation facility and personnel of the respective detention facility specialized in juvenile justice shall participate in the juvenile justice process. In the cases provided for by this Code, a psychologist specialized in juvenile justice shall also participate in the juvenile justice process.🔗

Law of Georgia of 4 May 2018 No. 2271 – website, 21.05.2018.

Law of Georgia of 30 May 2018 No. 2390 – website, 12.06.2018.

Article 22. Extension of the rights and obligations of a juvenile witness to a juvenile victim A juvenile victim shall be granted all the rights granted to a juvenile witness by this Code and shall bear all the obligations imposed on him/her.🔗

Article 23. Persons participating in juvenile justice proceedings for the protection of the interests of a minor witness 1. In order to prevent secondary victimization and re-victimization, a procedural action in which a minor person to be questioned/witness participates shall be attended by his/her legal representative. A minor person to be questioned/witness has the right to have a lawyer during the conduct of a procedural action. In the case provided for by paragraph 1 of Article 15 of this Code, a minor person to be questioned/witness has the right to enjoy the right to free legal aid. Taking into account the best interests of the minor, during the court hearing of the case – on the initiative of the judge, and at the investigation stage – of the prosecution side, the participation of a psychologist in the procedural action is also ensured. The psychologist assesses the needs of the minor and during the procedural action provides his/her psychological support.🔗

2. At any stage of the proceedings, the legal representative of a minor witness has the right:

a) to know the essence of the charge brought against the accused;

b) to know about the relationship existing between the minor witness and the accused;

c) upon request, to receive information on the preventive measure applied against the accused and on the accused/convicted person's leaving the detention facility/imprisonment facility, if this does not pose a real threat to the accused/convicted person.

3. During the court hearing of the case, the judge, and at the investigation stage – the prosecutor, is authorized to prohibit the legal representative of a minor witness from attending a procedural action only if the best interests of the minor so require.

4. In a criminal case in which a minor witness or a minor victim participates, by decision of the prosecutor or investigator, a witness and victim coordinator may be involved.

5. The prosecutor or investigator makes a decision on involving the witness and victim coordinator in the criminal case taking into account the interests of the minor witness, minor victim.

6. When the witness and victim coordinator becomes aware of his/her involvement in the criminal case, he/she shall immediately contact the minor witness, minor victim through his/her legal representative. The minor witness, minor victim and his/her legal representative have the right to refuse cooperation with the witness and victim coordinator.

7. The Prosecutor's Office witness and victim coordinator:

a) after preliminary consultation with the prosecutor, provides the minor witness and minor victim, in accordance with the procedure established by this Code, in the presence of or through the legal representative and/or lawyer, with the necessary information about the progress of the investigation and court hearing;

b) explains to the minor witness and the minor victim, in a language understandable to them, their rights and obligations and explains the legal procedures of investigation and court hearing;

c) during the investigation, attends the investigative action and procedural action conducted with the participation of the minor witness and the minor victim for the purpose of emotional support of the witness/victim;

d) during the court hearing of the case, attends the process of interrogation in court of the minor witness and the minor victim and of the examination of evidence with their participation, for the purpose of emotional support of the witness/victim;

e) provides to the minor witness and the minor victim, in the presence and/or with the assistance of the legal representative and/or lawyer, information about the legal, psychological, medical and/or other services necessary for them and, if necessary, assists in contacting the relevant body/organization.

7¹. Witness and Victim Coordinator of the Ministry of Internal Affairs of Georgia:

a) after prior consultation with the investigator, in accordance with the procedure established by this Code, in the presence or with the assistance of the legal representative and/or lawyer, provides to the minor witness and the minor victim information about the decisions taken by the investigator and the investigative and procedural actions carried out, as well as about the course of the investigation;

b) explains to the minor witness and the minor victim, in a language understandable to them, their rights and obligations and explains the legal procedures related to the investigation;

c) during the investigation, attends the investigative action and procedural action conducted with the participation of the minor witness and the minor victim for the purpose of emotional support of the witness/victim;

d) provides to the minor witness and the minor victim, in the presence and/or with the assistance of the legal representative and/or lawyer, information about the legal, psychological, medical and/or other services necessary for them and, if necessary, assists in contacting the relevant body/organization.

8. During the court hearing of a case, a judge, and at the stage of investigation, a prosecutor, is entitled, taking into account the best interests of the minor, not to allow the legal representative of the minor person to be questioned/witness who participates in the same case as a person to be questioned/witness to attend the questioning/interrogation of the minor person to be questioned/witness.

Law of Georgia of 4 May 2018 No. 2271 – website, 21.05.2018.

Law of Georgia of 30 May 2018 No. 2390 – website, 12.06.2018.

Law of Georgia of 22 June 2021 No. 664 – website, 24.06.2021.

Article 24. Measures for the protection of a minor witness In order to protect the best interests of a minor witness, a judge is entitled, on his/her own initiative, or upon the motion of the minor witness, his/her legal representative, an attorney or a prosecutor, to issue a ruling:🔗

a) on questioning using devices that alter the image and/or voice of the minor witness, from behind an opaque screen or remotely;

b) on the questioning of the minor witness before the court hearing with the participation of the defence attorney and the video recording of the questioning;

c) on the partial or full closure of the court hearing;

d) on the temporary removal of the accused from the courtroom, if the minor witness refuses to testify in the presence of the accused or if the existing circumstances make it clear that the minor witness may not tell the truth in the presence of the accused or that his/her secondary victimisation may occur. In this case, the participation of the defence attorney in the court examination of the case is mandatory.

Article 25. Right to claim compensation for damage and compensation After the pronouncement of the judgment, the court shall inform the minor victim and his/her legal representative of the results of the court examination of the case and shall explain to them their right to claim compensation for damage and compensation in accordance with the procedure established by the legislation of Georgia.Title IIIGeneral Rules of Juvenile Justice ProceedingsChapter VGeneral Rules of Juvenile Justice Proceedings🔗

Article 26. Determination of minority 1. If there is ambiguity regarding the question of a person's majority, the investigator, prosecutor or judge, upon the motion of a party or on his/her own initiative, shall immediately issue a resolution/ruling on the determination of minority.🔗

2. A person's age shall be determined on the basis of any available evidence, including an official document, a conclusion prepared as a result of a medical or social examination, information received from a parent or another person, or other information.

3. If it is established that the person is a minor, but his/her presumed or exact age cannot be determined, it shall be presumed that the person has not reached 14 years of age for the purposes of criminal liability, and 16 years of age − for the purposes of administrative liability, until the contrary is proved.

4. If the presumed age of the minor is determined, when deciding the issue of criminal/administrative liability, the minimum limit of his/her presumed age shall be taken into account.

Article 27. Individual Assessment Report 1. The individual characteristics referred to in paragraph 1 of Article 14 of this Code shall be taken into account on the basis of an individual assessment report.🔗

2. The body provided for by paragraph 6 of this Article shall, in the course of the individual assessment process, examine the minor's level of development, the conditions of his/her life, upbringing and development, education, state of health, family situation and other circumstances that make it possible to assess the peculiarities of his/her character and behaviour and to determine his/her needs.

3. The individual assessment report shall reflect the minor's special needs, the risk of committing a crime/administrative offence and, accordingly, the measures recommended for promoting the minor's proper development and integration into society.

4. The preparation and taking into account of an individual assessment report shall be mandatory at the following stages of the criminal proceedings:

a) when determining a diversion measure;

b) when imposing a sentence;

c) when individually planning a custodial sentence;

d) when enforcing a non-custodial sentence;

e) when considering the issue of conditional early release.

4¹. The preparation and taking into account of an individual assessment report shall also be mandatory where the case meets the legislative criteria for diversion, but the prosecutor does not take a decision on the diversion of the minor.

5. By a resolution of the prosecutor, an individual assessment report may also be prepared and taken into account at the stage of taking a decision on the exercise of other discretionary powers, if the course and time limits of the criminal case so permit.

6. At the stages provided for by subparagraphs „a“, „b“ and „d“ of paragraph 4 and by paragraph 4¹ of this Article, the individual assessment report shall be prepared by a Legal Entity of Public Law operating in the area of governance of the Ministry of Justice of Georgia − the National Agency for Crime Prevention, Enforcement of Non-Custodial Sentences and Probation (hereinafter − the Agency), while at the stages provided for by subparagraphs „c“ and „e“ of paragraph 4 of this Article − by a state sub-agency institution included in the system of the Ministry of Justice of Georgia − the Special Penitentiary Service (hereinafter − the Penitentiary Service).

7. At the stages provided for by paragraphs 4 and 4¹ of this Article, the methodology, procedure and standard for preparing an individual assessment report shall be determined by a joint order of the Minister of Justice of Georgia and the Minister of Internal Affairs of Georgia.

8. The individual assessment report shall, as necessary, be taken into account at any stage of the juvenile justice process. When preparing an individual assessment report at each subsequent stage of the criminal proceedings, the information contained in the previous individual assessment report shall be taken into account.

9. At the stage provided for by subparagraph „b“ of paragraph 4 of this Article, the individual assessment shall be carried out by an authorized person of the Agency on the basis of an application by the relevant judge.

10. At the stages provided for by subparagraphs „a“ and „b“ of paragraph 4 of this Article, when carrying out the individual assessment, a representative of the Agency shall be entitled to meet without hindrance with the minor accused and to receive the information necessary for the individual assessment from any natural person, and from state and non-state institutions.

Law of Georgia of 30 May 2018 No. 2390 – website, 12.06.2018.

Law of Georgia of 5 July 2018 No. 3131 – website, 11.07.2018.

Law of Georgia of 5 July 2018 No. 3033 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5396 – website, 10.12.2019.

Article 28. Protection of a minor 1. A legal representative shall have the right, taking into account the best interests of the minor, to independently select and invite a lawyer.🔗

2. If a minor accused/convicted/acquitted person does not have a lawyer, the person conducting the juvenile justice process shall immediately apply to the Legal Aid Service with a request for the immediate appointment of a lawyer for him/her.

Article 29. Persons entitled to attend the court consideration/procedural action in a minor's case 1. A case of a minor in conflict with the law shall be considered at a closed court hearing.🔗

1¹. At a closed court hearing, the process of examination of evidence with the participation of a minor witness and a minor victim shall be attended, if the witness/victim so wishes, by the witness and victim coordinator of the Prosecutor's Office.

2. A procedural action carried out in respect of a minor shall be attended by his/her legal representative, and in cases provided for by this Code – also by the minor's lawyer, except for the cases provided for by Article 120(8), Article 121(2) and Article 171(2) of the Criminal Procedure Code of Georgia.

2¹. A procedural action to be conducted with the participation of a minor witness and a minor victim shall, if the minor witness and the minor victim so wish, be attended by the witness and victim coordinator.

2². Taking into account the best interests of the minor, if necessary, during the consideration of the case in court – the judge, and at the investigation stage – the prosecution shall ensure the participation of a psychologist in the procedural action carried out in respect of the minor. The psychologist shall assess the minor's needs and during the procedural action shall provide him/her with psychological support.

3. During the consideration of a case of a minor in conflict with the law in court, the judge, and at the investigation stage – the prosecutor, shall be entitled to prohibit the minor's legal representative from attending the procedural action only if the best interests of the minor so require.

Law of Georgia of 4 May 2018 No. 2271 – website, 21.05.2018.

Law of Georgia of 30 May 2018 No. 2390 – website, 12.06.2018.

Law of Georgia of 22 June 2021 No. 664 – website, 24.06.2021.

Article 30. Interpreter and other services in juvenile justice proceedings 1. A minor shall enjoy the services of an interpreter free of charge if he/she does not know or does not have adequate knowledge of the language of the proceedings or is unable to speak that language, except for the cases provided for by Article 120(8), Article 121(2) and Article 171(2) of the Criminal Procedure Code of Georgia. In this case, the interpreter shall attend any procedural action.🔗

2. A minor shall have the right to meet the interpreter before the court hearing or procedural action in order to establish whether they understand each other.

3. A minor with disabilities participating in juvenile justice proceedings shall also enjoy free of charge all services that he/she needs to familiarize himself/herself with the case and to participate in the proceedings.

Article 31. Right to receive consular assistance 1. A minor in conflict with the law who is a citizen of a foreign country shall have the right, at any stage of the juvenile justice process, to benefit from the assistance of a representative of the diplomatic mission or consular post of his/her country.🔗

2. If a detained minor or an arrested minor is a citizen of a foreign country, the Ministry of Foreign Affairs of Georgia shall be notified of his/her detention or arrest within the shortest time and in any case before the interrogation of the minor. The Ministry of Foreign Affairs of Georgia shall immediately notify the diplomatic mission or consular post of the respective country of the detention or arrest of the minor.

3. If the minor is a citizen of a country that has no diplomatic mission or consular post in Georgia, or if he/she is a person under international protection or a stateless person, he/she shall be given the opportunity, through the Ministry of Foreign Affairs of Georgia, to contact the diplomatic mission of the country that protects his/her interests, or any local or international organization whose task is the protection of such a minor.

Law of Georgia of 1 December 2016 No. 55 - website, 15.12.2016.

Article 32. Separate separation of a minor's case from a joint case 1. If a minor is charged with the commission of a crime with which an adult is also charged, the minor's case shall, as far as possible, be separated and he/she shall be tried separately from the adult, unless this would create a substantial obstacle to the comprehensive, complete and objective examination of the circumstances of the case.🔗

2. A minor shall enjoy the guarantees established by this Code.

Article 33. Summoning of a minor accused 1. A minor accused shall be summoned through his/her legal representative or the head of the institution in which the minor is placed, while a minor witness/minor victim − through his/her legal representative.🔗

2. A copy of the notice to the minor accused shall be handed over or sent to the lawyer or legal representative of the minor accused.

Article 34. Restriction of the use of force, special means and firearms against a minor 1. The use of force and special means shall be prohibited during the detention of a minor, when bringing him/her before a court, during the execution of a preventive measure or a sentence in respect of him/her, except in cases where all other means have been used in order to detain the minor, to prevent self-harm by him/her and/or the infliction of harm to others, but to no avail, and the legitimate aim defined by law cannot be achieved by other means causing less harm.🔗

2. In the cases provided for by paragraph 1 of this Article, only the use of physical force and handcuffs and other means of restraint shall be permissible in the form of force and special means, while in order to suppress group disobedience and/or mass disorder, to repel an attack and to detain an armed person, a baton, a restraining net, tear gas and/or a water cannon may also be used.

3. Force and special means against a minor:

a) shall be used for the shortest possible period of time;

b) shall be used to achieve the legitimate aim defined by law and, accordingly, shall be proportionate to the circumstances;

c) shall not be used in a degrading or humiliating manner.

4. The use of firearms against a minor shall be prohibited, except in the case where he/she is armed and poses a direct, immediate and instantaneous threat to the life or health of a third person and it is impossible to avert this threat by other means. In the event of the escape of a minor from a detention or imprisonment facility, the use of firearms shall be inadmissible.

5. A person who has used force and/or special means on the basis of this Article shall immediately notify his/her immediate superior and, where necessary, the head of the respective institution thereof. The immediate superior of this person shall immediately ensure the medical examination of the minor.

6. A person who has used force and/or special means shall immediately draw up a record thereof in accordance with the procedure established by the legislation of Georgia. The record shall indicate the force and/or special means used, the justification for its use and other data.

7. Each case of the use of force and special means shall be registered in the official registration journal of the respective institution and shall be accessible to the minor, his/her legal representative and lawyer, as well as to the court and the body exercising monitoring in accordance with the procedure established by the legislation of Georgia.

8. Only a specially authorised person who has undergone appropriate training shall have the right to use special means.

Law of Georgia of 1 June 2017 No. 949 – website, 20.06.2017.

Article 34¹. Taking of a biological sample from a minor accused/convicted person is mandatory. Taking of a biological sample from a minor accused/convicted person shall be carried out in accordance with the Law of Georgia "On DNA Data Base".🔗

Law of Georgia of 4 March 2025 No. 343 – website, 6 March 2025.

Article 35. Release of a minor from criminal liability due to expiration of the limitation period. A person shall be released from criminal liability for a crime committed during minority if the following has expired:🔗

a) 1 year from the commission of the crime for which the maximum punishment provided by an article or a part of an article of the Special Part of the Criminal Code of Georgia does not exceed 2 years of imprisonment;

b) 3 years from the commission of another less serious crime;

c) 5 years from the commission of a serious crime;

d) 12 years from the commission of an especially serious crime.

Article 36. Release of a minor from serving a sentence due to expiration of the limitation period of a guilty verdict. A minor convicted person shall be released from serving the sentence if a guilty verdict that has entered into legal force has not been executed:🔗

a) within 1 year, when convicted for a crime for which the maximum punishment provided by an article or a part of an article of the Special Part of the Criminal Code of Georgia does not exceed 2 years of imprisonment;

b) within 3 years, when convicted for another less serious crime;

c) within 5 years, when convicted for a serious crime;

d) within 7 years, when convicted for an especially serious crime.

Article 37. Limited sanity of a minor. A minor who was in a state of limited sanity at the time of committing the crime may be released from criminal liability.🔗

Article 38. Diversion 1. If there is a reasoned assumption that a minor has committed a less serious or serious crime, first of all, the possibility of diversion shall be considered and it shall be assessed whether diversion ensures the resocialization-rehabilitation of the minor and the prevention of a new crime.🔗

2. The prosecutor is entitled, in accordance with the procedure established by this Chapter, to adopt a reasoned decision on not initiating criminal prosecution or on terminating initiated criminal prosecution and on diversion.

3. When the prosecutor adopts a decision on diversion, when the court, on its own initiative, considers the case in order to apply diversion, or when considering a reasoned motion of a party on the application of diversion, the best interests of the minor, the nature and gravity of the act committed by him/her, the age of the minor, the degree of culpability, the expected punishment, the damage caused by the minor, the preventive effect of criminal prosecution, post-crime behaviour, crimes committed by the minor in the past, and the individual assessment report prepared in accordance with Article 27 of this Code shall be taken into account.

Article 39. Body adopting the decision on diversion 1. Before the pre-trial hearing, the decision on diversion shall be adopted by the prosecutor.🔗

2. Diversion may also be applied after the case has been referred to court. The court is entitled, in order to apply diversion, on its own initiative or on the basis of a reasoned motion of a party, to issue a reasoned decision at the pre-trial hearing or at the hearing on the merits of the case in the court of first instance and to return the case to the prosecutor, who shall offer diversion to the minor accused and, in the event of his/her consent, shall adopt a decision on diversion. Before adopting this decision, the court shall also hear the position of the other party.

3. In the event of adopting a decision on diversion, the prosecutor is entitled to conclude a contract with the minor on diversion or on diversion and mediation. The procedure for applying the diversion and diversion-mediation programme to a minor, as well as the terms of the contract to be concluded between the parties, shall be determined by order of the Minister of Justice of Georgia. The maximum term of validity of this contract is 1 year.

4. In the event of refusal of diversion to a minor, a record of the interview shall be drawn up, in which the reason for the refusal of diversion shall be noted. This record shall be signed by the prosecutor and the minor and/or his/her legal representative.

5. In the event of refusal of diversion by the prosecutor, the minor, his/her legal representative or lawyer has the right to apply to a superior prosecutor requesting diversion.

Law of Georgia of 30 May 2018 No. 2390 – website, 12.06.2018.

Article 40. Preconditions for the Application of Diversion Diversion may be applied where the following circumstances exist in combination:🔗

a) there is sufficient evidence for a reasoned assumption that the minor has committed a less serious or serious crime;

b) the minor has not been convicted;

c) the minor has not been involved in a diversion-mediation programme;

d) the minor admits the crime;

e) in the internal conviction of the prosecutor/court, taking into account the best interests of the minor, there is no public interest in initiating criminal prosecution or in continuing the initiated criminal prosecution;

f) the minor and his/her legal representative express written informed consent to the application of diversion.

Article 41. Guarantees of a Minor during Diversion 1. Before a decision on diversion is taken, the minor, his/her legal representative and the lawyer shall be provided with detailed information on the essence of diversion, the procedure for its application, its duration, possible conditions and the consequences of non-fulfilment of diversion measures.🔗

2. The minor shall be explained orally and in writing that consent to diversion is voluntary and that he/she has the right to refuse diversion at any stage.

3. In the diversion process, the minor's admission of the crime and the information obtained about it may not be used against him/her in court.

Article 42. Diversion Measures 1. The following measures may be provided for by an agreement on diversion or on diversion and mediation:🔗

a) a written warning to the minor;

b) a restorative justice measure, including involvement in a diversion-mediation programme;

c) full or partial compensation of the damage caused;

d) transfer to the State of unlawfully obtained property;

e) transfer to the State of the instrument of the crime and/or an object withdrawn from civil circulation;

f) imposition of an obligation on the minor;

g) placement of the minor as a foster child.

2. Several diversion measures may be applied to a minor simultaneously. Diversion measures shall be determined on the basis of an individual assessment report, in accordance with the procedure established by the legislation of Georgia.

3. A diversion measure shall be reasonable and proportionate to the crime committed. In the diversion process, it is inadmissible to impose on the minor an obligation which causes an affront to his/her dignity and honour, his/her separation from the normal educational process and main work, or harm to his/her physical and/or mental health.

4. It is inadmissible to apply a diversion measure stricter than the minimum sanction provided for by law for the committed act.

Article 43. Written Warning to a Minor A written warning to a minor means explaining to him/her what damage his/her act caused and what consequence the repeated commission of a crime will entail.🔗

Article 44. Restorative justice measure A restorative justice measure may include the involvement of a minor in a diversion-mediation programme, the performance by him/her of community service work free of charge and/or another programme that facilitates the correction of the consequences of the crime committed by the minor.🔗

Article 45. Imposition of an obligation on a minor 1. A minor may be prohibited from:🔗

a) visiting a specified place and/or person(s);

b) changing place of residence;

c) leaving home during a specified period of time;

d) leaving the country or the relevant administrative unit without permission;

e) other such actions that will hinder his/her resocialisation-rehabilitation.

2. A minor may be assigned:

a) starting or resuming studies at an educational institution with the assistance of a specialised state body;

b) starting work with the assistance of a specialised state body;

c) undergoing an educational, upbringing and/or treatment programme;

d) using free time in a specified manner;

e) other such obligation that will facilitate his/her resocialisation-rehabilitation and the prevention of a new crime.

3. Control over the implementation of the measures provided for by this article shall be ensured by the Agency.

Law of Georgia No. 5396 of 29 November 2019 – website, 10 December 2019.

Article 46. Placement of a minor in foster care 1. Placement of a minor in foster care means the transfer of the minor for a specified period of time to a foster carer away from home and separately from his/her parents, if leaving the minor at home and in the environment of his/her parents entails a risk of him/her committing a new crime.🔗

2. In the process of implementing the diversion measure provided for by paragraph 1 of this article, the involvement of the minor's parents is also possible, if this does not contradict the best interests of the minor.

Law of Georgia No. 750 of 4 May 2017 – website, 24 May 2017.

Article 47. Fulfilment of a diversion or diversion and mediation contract If a minor fulfils the obligations imposed on him/her by a diversion or diversion and mediation contract, the prosecutor shall take a decision on the termination of the investigation of the criminal case.🔗

Article 48. Failure to comply with a diversion contract or a diversion and mediation contract 1. The implementation of the diversion measure is supervised by a representative of the institution indicated in paragraph 3 of Article 45 of this Code. If a minor intentionally fails to comply with the diversion measure, the social worker shall notify the prosecutor thereof, who, taking into account the aforementioned and other circumstances, after hearing the opinions of the minor, his/her legal representative and the social worker, annuls or leaves in force the decision on diversion, changes the diversion measure and/or extends the term of the diversion contract.🔗

2. In the event of annulment of the decision on diversion, the prosecutor is entitled, by a reasoned resolution, to annul the decision on non-initiation of criminal prosecution or termination of initiated criminal prosecution and, by a new reasoned resolution, to initiate or resume criminal prosecution.

3. In the event of annulment of the decision on diversion, the actions carried out by the minor to comply with the diversion measure shall be taken into account when imposing the sentence.

Article 49. Notification immediately upon the detention of a minor 1. The person detaining the minor, the investigator, the prosecutor, immediately upon his/her detention, shall take all necessary measures to immediately contact the minor's parent, and if this is impossible, another close relative and/or another person indicated by the minor.🔗

2. The person detaining the minor, the investigator, the prosecutor, immediately upon bringing the minor to a law enforcement body, shall notify his/her legal representative of the detention of the minor and of his/her whereabouts and shall explain the reason for the detention of the minor and the rights provided for by paragraph 2 of Article 38 of the Criminal Procedure Code of Georgia.

3. If it is impossible to contact the minor's legal representative, the relevant employee of the police institution or another law enforcement body shall immediately notify the guardianship and curatorship authority thereof.

Article 50. Participation of a procedural representative in proceedings 1. On the basis of an application by an investigator, prosecutor or judge, the guardianship and curatorship authority shall nominate the candidacy of its employee as a procedural representative. The investigator, prosecutor or judge shall appoint as a procedural representative the candidate presented by the guardianship and curatorship authority or another trustworthy person, if:🔗

a) participation of the legal representative in the proceedings is impossible within 1 hour from the bringing of the minor to the law enforcement body;

b) the minor does not live with the legal representative and/or refuses contact with him/her or his/her participation in the proceedings;

c) the legal representative acts contrary to the best interests of the minor;

d) the minor is a victim or an eyewitness of a crime committed by the legal representative;

e) the legal representative is charged with the commission of the same crime;

f) the legal representative is unavailable.

2. It is inadmissible to involve in criminal proceedings related to domestic crime, as the legal representative of a minor, the person who is the alleged abuser or with respect to whose bias there is doubt arising from the nature of the relationship existing between this person and the abusing family member or in another case of conflict of interest, as well as to acquaint him/her/them with and to transfer to him/her/them the testimony given by the minor (record of questioning, explanations).

3. Another trustworthy person shall be appointed as a procedural representative taking into account the opinion of the minor.

4. The procedural representative is entitled to:

a) express an opinion to the official of the body conducting the proceedings about the needs of the minor;

b) have contact with a close relative, lawyer and friend of the minor;

c) inform the minor about health protection, psychological or social services and the available means of receiving them;

d) provide the minor with information about his/her procedural status, the significance, duration and form of giving testimony by him/her, as well as the procedure for conducting questioning;

e) inform the minor of the time and place of the court hearing, as well as about the conduct of other relevant actions and the available measures of protection;

f) provide the minor with information about the procedure for appealing the procedural decision rendered in respect of him/her;

g) carry out other actions to assist the minor.

Article 51. Conditions of stay of a detained minor in a temporary placement isolator A detained minor shall be placed in a temporary placement isolator separately from adults. Female and male minors shall be placed separately from each other.🔗

Article 52. Questioning and interrogation of a minor 1. Unless otherwise provided by this Code, during the questioning and interrogation of a minor, the procedure established by the Criminal Procedure Code of Georgia shall apply, but paragraphs 2, 21 and 4 of Article 114 of the same Code shall not be taken into account. 2. A minor may be questioned/interrogated if he/she is able to convey, verbally or in another form, information relevant to the case. 3. The questioning/interrogation of a minor shall be conducted in the presence of his/her legal representative and lawyer. In the case provided for by paragraph 1 of Article 15 of this Code, a minor person to be questioned/witness shall, during questioning/interrogation, enjoy the right to free legal assistance. During the questioning/interrogation of a minor, the person conducting the procedural action, taking into account the best interests of the minor, shall ensure the participation of a psychologist. The psychologist shall assess the minor's needs and, during the questioning/interrogation, provide psychological support to him/her. If the minor is a person to be questioned/witness or victim in a case of sexual exploitation and sexual violence, audio or video recording may be carried out during his/her questioning/interrogation. At a court hearing, it is possible to listen to (demonstrate) an audio or video recording of testimony given by the minor. 4. The questioning/interrogation of a person under 14 years of age may be conducted only with the consent and in the presence of his/her legal representative. The legal representative has the right to express his/her opinion and, with the court's permission, to clarify a question posed to a person under 14 years of age. A person to be questioned/witness under 14 years of age shall be explained his/her duty to tell only the truth, but shall not be warned about refusal to give testimony and about imposition of criminal liability for giving false testimony. 5. During the interrogation of a minor, in order to determine an appropriate interval for a break, the judge shall take into account the minor's age, level of development and other circumstances. If the minor is a witness or victim in a case of sexual exploitation and sexual violence, the number of interrogations shall be limited as far as possible and shall be conditioned by the necessity of achieving the objectives of the criminal proceedings. 6. A minor may not be questioned/interrogated from 22:00 to 08:00. 7. A minor shall be provided with appropriate food and drinking water at least once every 4 hours, from 08:00 to 22:00, as well as with the right to use a toilet without restriction. 8. The legal representative and lawyer of a minor victim shall be present at a procedural action in which the minor victim participates. The person conducting the procedural action, taking into account the best interests of the minor, shall also ensure the participation of a psychologist in the procedural action. The psychologist shall assess the minor's needs and, during the questioning/interrogation, provide psychological support to him/her.🔗

The witness and victim coordinator shall attend a procedural action if a minor victim so wishes. 9. A procedural action in which a minor person to be questioned/witness participates shall be attended by his/her legal representative. A minor person to be questioned/witness shall have the right to have a lawyer during the conduct of a procedural action. In the case provided for by paragraph 1 of Article 15 of this Code, a minor person to be questioned/witness shall have the right to benefit from the right to free legal aid. The person conducting the procedural action, taking into account the best interests of the minor, shall also ensure the participation of a psychologist in the procedural action. The psychologist shall assess the needs of the minor and shall provide psychological support to him/her during the questioning/interrogation. The witness and victim coordinator shall attend a procedural action if a minor witness so wishes. 10. When a case is heard in court − a judge, and at the stage of investigation – a prosecutor shall be entitled, by ruling/decision, to prohibit the legal representative of a minor person to be questioned/witness or of a minor victim from attending the procedural action only if the best interests of the minor so require. 11. In connection with domestic crime, violence against women and/or domestic violence, it shall be inadmissible to question/interrogate a minor person to be questioned/witness and a minor victim, as well as, when issuing a protective or restraining order and when a social worker takes a decision on the separation of a minor in the case of violence against a minor, to question/interrogate (obtain explanations from) a minor victim of violence against women and/or domestic violence in the presence of the abusive parent (parents) or another legal representative.

Law of Georgia of 18 December 2015 No. 4679 - website, 29.12.2015.

Law of Georgia of 22 June 2016 No. 5453 - website, 12.07.2016.

Law of Georgia of 4 May 2017 No. 769 - website, 25.05.2017.

Law of Georgia of 4 May 2018 No. 2271 – website, 21.05.2018.

Law of Georgia of 30 May 2018 No. 2390 – website, 12.06.2018.

Law of Georgia of 20 March 2020 No. 5863 – website, 23.03.2020.

Article 53. Specific features of conducting certain investigative actions 1. A search and other investigative actions which involve examination inside the body of a minor or removal of a thing from his/her body may be conducted only by a ruling of the court, except where the health or life of the minor is endangered. In such a case, the rule established by paragraph 5 of Article 112 of the Criminal Procedure Code of Georgia shall apply.🔗

2. The removal of a thing from the body of a minor shall be carried out in an institution holding a licence/permit for medical activity, with the participation of a certified doctor or nurse of the same sex, and in the presence of the legal representative of the minor, and, where the minor so wishes, also in the presence of a lawyer.

3. A search and other investigative actions which involve partial or complete undressing of a minor may be conducted only by a ruling of the court, in the presence of the legal representative of the minor, and, where the minor so wishes, also in the presence of a lawyer, except where there is an urgent necessity provided for by paragraph 5 of Article 112 of the Criminal Procedure Code of Georgia.

4. In the cases provided for by paragraphs 1 and 3 of this Article, the person conducting the investigative action shall be of the same sex as the minor.

5. In the cases provided for by paragraphs 1 and 3 of this Article, the judge shall decide the matter without an oral hearing, no later than 12 hours after the submission of the relevant motion.

6. The judge's ruling shall state:

a) the date and place of its drawing up;

b) the name of the court, the first name and surname of the judge;

c) the person who applied to the court with the relevant motion;

d) the minor in respect of whom the investigative action is to be conducted;

e) the factual circumstances of the alleged crime;

f) the justification of the necessity of conducting the investigative action;

g) the presumed object, thing, substance or other item to be found and removed during the search or removal, and its generic characteristics;

h) the right to use a proportionate measure of coercion in case of resistance;

i) the term of validity of the ruling;

j) the person or body which is to execute the ruling;

k) the signature of the judge (including electronic).

7. If the minor does not consent to the participation of his/her legal representative in the investigative actions in the cases provided for by paragraphs 1 and 3 of this Article, or if his/her attendance is impossible, a procedural representative of the corresponding sex shall attend the investigative actions.

Article 54. First presentation of a minor to court After the detention of a minor, as soon as possible, but no later than 48 hours, the prosecutor shall, according to the place of investigation, submit to the magistrate judge a motion on the application of a preventive measure.🔗

Article 55. Right of a minor to a fair and prompt hearing of the case in court🔗

1. For one instance of a crime, before the commencement of the pre-trial hearing, a minor may be recognised as an accused for no more than 6 months, if, before the expiry of this term, no new charge has been brought against him for another instance of the crime.

2. In a minor's case, a session of the Court of Appeal is held within 2 weeks from the recognition of the appeal as admissible. The Court of Appeal delivers its verdict by oral hearing within 1 month from the recognition of the appeal as admissible.

3. In a minor's case, a session of the Court of Cassation is held within 2 weeks from the recognition of the appeal as admissible. The Court of Cassation delivers a final judgment on the cassation appeal within 3 months from the recognition of the appeal as admissible in the Court of Cassation.

Article 56. Participation in the hearing of a minor's case in court🔗

1. In order to facilitate participation in the hearing of a minor's case, the court:

a) ensures that the hearing of the case in court proceeds in accordance with the minor's abilities of perception and understanding;

b) declares a recess between sessions at reasonable intervals, taking into account the minor's age, health, development and other circumstances.

2. It is inadmissible to hear a minor's case in court in his absence, except in the case where he evades appearance in court and the postponement of the session would render the hearing of the case within a reasonable time impossible.

Article 57. Admissibility of admission of guilt by a minor When deciding the issue of the admissibility of admission of guilt by a minor, the court, along with other relevant circumstances, takes into account the minor's abilities of perception and understanding, the duration of the interrogation, and fear of uncertainty or possible arrest.🔗

Article 58. Restriction of the right to attend the process of examination of evidence🔗

1. The court has the right, upon a motion of a party or on its own initiative, to issue a ruling on removing the minor from the courtroom, if this decision serves the best interests of the minor. The duration of the minor's absence from the court session shall be determined for as short a period as possible.

2. Immediately upon issuing the ruling on removing the minor from the courtroom, the judge shall explain to the parties the right to appeal it at the same court session, which results in the suspension of the process of examination of evidence.

3. After the minor's return to the courtroom, the court shall explain to the minor, in an appropriate form and scope, the content of the evidence examined in his absence.

4. Notwithstanding the issuance by the judge of a ruling on removing the minor from the courtroom, the lawyer and the legal representative of the minor accused shall always attend the court session.

Article 59. Other peculiarities of court consideration of a minor's case 1. In the case of rendering a guilty verdict in respect of a minor, the court declares that the minor has been found guilty, and it enters into the verdict the circumstances corresponding to the requirements of Article 272, paragraph 1 of Article 273, subparagraphs „a“–„c“ of paragraph 1 of Article 274 and paragraph 2 of the Criminal Procedure Code of Georgia. At the same time, immediately upon the announcement of the guilty verdict, the presiding judge of the court session sets the date of the sentencing hearing. The sentencing hearing shall be held no later than 7 days after the announcement of the guilty verdict.🔗

2. At the sentencing hearing, the judge issues one of the judgments provided for by subparagraphs „a“–„c“ of paragraph 3 of Article 269 of the Criminal Procedure Code of Georgia, after which, in accordance with the judgment issued, he/she enters into the guilty verdict the circumstances corresponding to the other requirements of the same Article and Articles 273 and 274.

2¹. In the case of approval of a procedural agreement, the issues provided for by paragraphs 1 and 2 of this Article shall be considered at one court hearing.

3. The case of a minor accused shall not be considered with the participation of jurors.

Law of Georgia of 30 May 2018 No. 2390 – website, 12 June 2018.

Article 60. Preventive measures 1. In respect of a minor accused, transfer under supervision, an agreement on non-departure and proper conduct, personal surety, bail, and detention may be applied as a preventive measure.🔗

2. Along with a preventive measure in respect of a minor accused, 1 or several measures provided for by paragraph 2 of Article 199 of the Criminal Procedure Code of Georgia may be applied.

Article 61. Transfer under supervision 1. The purpose of transferring a minor to the supervision of a parent, another close relative, a guardian or a curator, or the administration of a special children's institution is that one of the said persons or the administration shall assume the written obligation of the minor to appear before the investigator, the prosecutor, the court and to maintain proper conduct.🔗

2. The transfer of a minor to supervision in the manner established by paragraph 1 of this Article may be effected only with the consent of the minor and of the person to whom he/she is transferred for supervision. That person has the right at any time to refuse supervision of the minor if he/she considers that he/she cannot ensure his/her proper conduct.

3. When taking a written undertaking, the person who supervises the minor shall be informed of the type and measure of the punishment to be expected for the charge brought against the minor and of the liability that will be imposed on him/her if the minor under his/her supervision fails to fulfil the obligation of proper conduct.

4. In the event of failure to fulfil the obligation of supervision of a minor, the court has the right, upon a motion of a party, to fine the person who supervised the minor from GEL 100 to GEL 500, except where the failure to fulfil the obligation had an objective reason.

Article 62. Agreement on non-departure and proper conduct The agreement on non-departure and proper conduct may be applied to a minor accused in the event of his/her commission of a less serious or negligent crime.🔗

Article 63. Bail The amount of bail shall be determined taking into account the gravity of the crime committed by the minor accused and his/her financial capacity. The amount of bail may be determined in any amount.🔗

Article 64. Imprisonment 1. The use of imprisonment as an extreme measure against a minor accused shall be permissible in the combination of the following circumstances:🔗

a) imprisonment is provided as a punishment for the allegedly committed crime;

b) imprisonment is the only means that ensures the prevention of the absconding of the minor accused, of his obstruction of the administration of justice or of the obtaining of evidence, or of the commission of a new crime;

c) the aim served by the imprisonment of the minor accused outweighs his interest in liberty.

2. If the minor accused is in custody, the total term of his imprisonment before the pre-trial hearing shall not exceed 40 days from his detention. After the expiry of this term, the minor accused shall be released from imprisonment. If the pre-trial hearing could not be held within the said term, it shall be held in accordance with the procedure established by the Criminal Procedure Code of Georgia.

3. If imprisonment has been imposed on a minor accused, the judge shall be obliged, at the very first pre-trial hearing, on his own initiative, to consider the question of the necessity of keeping the imprisonment in force, regardless of whether a party has filed a motion for the alteration or revocation of the imprisonment. Thereafter the judge shall be obliged, on his own initiative, to consider the question of the necessity of keeping the imprisonment in force at least once every 20 days. When considering the question of the extension, alteration or revocation of imprisonment, the burden of proof shall be borne by the prosecution.

4. The total term of imprisonment of a minor accused shall not exceed 6 months.

5. Imprisonment shall not be applied to a minor under paragraph 8 of Article 26 of the Code on the Rights of the Child, except in cases provided for by the legislation of Georgia.

Law of Georgia of 20 September 2019 No. 5015 – website, 27.09.2019.

Law of Georgia of 21 May 2020 No. 5915 – website, 25.05.2020.

Article 65. Aim of punishment of a minor The aim of the punishment imposed on a minor is the resocialisation-rehabilitation of the minor and the prevention of a new crime.🔗

Article 66. Types of punishment of a minor The types of punishment of a minor are:🔗

a) fine;

b) house arrest;

c) deprivation of the right to carry out an activity;

d) community service;

e) (removed - 01.06.2017, No. 949);

f) imprisonment for a definite term;

g) expulsion of an alien from Georgia and prohibition of entry into Georgia.

Law of Georgia of 1 June 2017 No. 949 - website, 20.06.2017.

Law of Georgia of 26 June 2025 No. 877 - website, 07.07.2025.

Article 67. Main and additional punishments of a minor 1. A minor may be sentenced to imprisonment for a fixed term only as a main punishment.🔗

2. A minor may be sentenced to a fine, house arrest, deprivation of the right to pursue an activity, community service, expulsion of an alien from Georgia and prohibition of entry into Georgia both as a main punishment and as an additional punishment.

3. Together with a main punishment, only 1 additional punishment may be imposed.

4. Together with a punishment, a minor may be sentenced to 1 or several measures provided for by paragraph 1 of Article 42 of this Code.

Law of Georgia of 1 June 2017 No. 949 – website, 20.06.2017.

Law of Georgia of 26 June 2025 No. 877 – website, 07.07.2025.

Article 68. Fine 1. A minor may be sentenced to a fine only if he/she has independent income from lawful activity.🔗

2. When imposing a fine on a minor, the minimum amount established by the Criminal Code of Georgia shall be halved.

Article 69. House arrest 1. House arrest means the imposition on a minor of the obligation to stay at his/her place of residence during a specified period of the day.🔗

2. A minor shall be sentenced to house arrest for a term from 6 months to 1 year.

3. A minor may be sentenced to house arrest in the case of the commission of a less serious crime.

4. House arrest shall be imposed on a minor in such a way that its execution does not hinder the performance of remunerated work or the learning process.

5. House arrest shall, as a rule, be executed through the use of electronic monitoring means. The decision on the non-use of electronic monitoring shall be taken by the agency.

Law of Georgia of 29 November 2019 No. 5396 – website, 10.12.2019.

Article 70. Deprivation of the right to pursue an activity A minor shall be sentenced to deprivation of the right to pursue an activity for a term from 1 to 3 years.🔗

Article 71. Community service 1. A minor shall be sentenced to community service for a term from 40 to 300 hours. The duration of such work per day shall not exceed 4 hours.🔗

2. In the case of the replacement of imprisonment with community service or the existence of a plea agreement between the parties, community service may be imposed for a longer term. As an additional punishment, community service may be imposed for a shorter term.

3. Community service shall be imposed on a minor in such a way that its execution does not hinder the performance of remunerated work or the learning process.

4. When imposing community service, it is desirable that the convicted minor be assigned to work at a place where he/she acquires the experience and skills necessary for his/her formation as a member of society.

5. A minor may be sentenced to community service as an additional punishment also in the case where it is not provided for as a type of punishment by the relevant article of the Criminal Code of Georgia.

Article 72. (Deleted)🔗

Law of Georgia of 1 June 2017 No. 949 - website, 20 June 2017.

Article 73. Fixed-term imprisonment 1. A minor may be sentenced to fixed-term imprisonment if he has committed a grave or especially grave crime or is evading a non-custodial sentence or a guilty verdict was previously rendered against him.🔗

2. The term of imprisonment imposed on a minor aged 14 to 16 is reduced by 1/3. At the same time, the term of the final sentence shall not exceed 10 years.

3. The term of imprisonment imposed on a minor aged 16 to 18 is reduced by 1/4. At the same time, the term of the final sentence shall not exceed 12 years.

4. Paragraphs 2 and 3 of this Article shall apply notwithstanding the existence of the circumstances provided for by Article 76 of this Code.

Article 73¹. Expulsion of an alien from Georgia and prohibition of entry into Georgia 1. Expulsion of an alien from Georgia and prohibition of entry into Georgia means ensuring that a minor alien who has committed an act provided for by the Special Part of the Criminal Code of Georgia leaves Georgia against his or her will and imposing on him or her a prohibition of entry into Georgia for a specified period. For the purposes of this Article, an alien is a person who is not a citizen of Georgia, as well as a stateless person having status in Georgia.🔗

2. Expulsion of an alien from Georgia and prohibition of entry into Georgia may be imposed:

a) for a less serious crime – for a term of two to six years;

b) for a serious crime or an especially serious crime – for a term of four to fifteen years.

3. Expulsion of an alien from Georgia and prohibition of entry into Georgia shall be imposed if the court determines that, taking into account the nature of the committed act and the personality of the offender, it is not expedient for the alien to remain in Georgia.

4. Expulsion of an alien from Georgia and prohibition of entry into Georgia shall not apply when expelling a minor alien to a state in which:

a) he or she is persecuted for political beliefs or for an act that is not considered a crime under the legislation of Georgia;

b) he or she is persecuted for the protection of human rights and peace, for progressive socio-political, scientific or creative activity;

c) his or her life or health is threatened;

d) he or she faces the threat of torture or inhuman or degrading treatment, or of serious harm as defined by paragraph 3 of Article 38 of the Law of Georgia “On International Protection”.

5. The Ministry of Internal Affairs of Georgia shall issue, within 30 days, on the basis of an application by a prosecutor or investigator, a conclusion on the existence of grounds for the prohibition defined by paragraph 4 of this Article. This conclusion shall not be necessary if a plea agreement has been concluded between the parties, the terms of which provide for the application of expulsion of the alien from Georgia and prohibition of entry into Georgia as a penalty.

6. In accordance with paragraph 2 of this Article, expulsion of an alien from Georgia and prohibition of entry into Georgia may also be imposed as an additional penalty in the case where it is not provided for as a penalty in the relevant article of the Special Part of the Criminal Code of Georgia.

7. Expulsion of an alien from Georgia and prohibition of entry into Georgia may be enforced:

a) immediately upon the serving by the minor alien of the imprisonment imposed as a penalty, or immediately upon his or her release on any other ground, if he or she is serving a sentence for the commission of a crime provided for by the Criminal Code of Georgia in a penitentiary institution of Georgia;

b) before the minor alien serves the sentence, if a non-custodial penalty has been imposed on him or her;

c) before the expiry of the probation period, if the court has imposed a conditional conviction on the minor alien.

8. The deportation of an alien from Georgia shall not be enforced if extradition procedures are pending in respect of a minor alien, except where he/she is subject to deportation in the state initiating the extradition and only that state requests his/her extradition.

9. The period of deportation of an alien from Georgia and of the prohibition of entry into Georgia shall be counted from the day of deportation of the minor alien from Georgia.

Law of Georgia of 26 June 2025 No. 877 – website, 07.07.2025.

Article 74. Conditional conviction If a minor who has not been convicted of an intentional crime has committed a less serious or serious crime, the court is entitled to determine that the imposed sentence be considered a conditional conviction.🔗

Article 75. General principles of imposition of sentence on a minor 1. When imposing a sentence on a minor, the judge shall, first of all, take into account his/her best interests and the individual assessment report.🔗

2. When imposing a non-custodial sentence on a minor, the judge is entitled, together with the non-custodial sentence, to impose on him/her 1 or several obligations provided for by Article 45 of this Code. In this case, it is inadmissible to impose on the minor an obligation which, in all likelihood, will not be performed or the performance of which exceeds the mental and physical capabilities of the minor.

3. For the execution of a non-custodial sentence, with the consent of the minor and his/her legal representative, electronic monitoring may be applied for a term of up to 1 year. This rule shall not apply in the case provided for by paragraph 5 of Article 69 of this Code.

4. The rule and methodology for the use of electronic monitoring means shall be determined by an Order of the Minister of Justice of Georgia.

Law of Georgia of 5 July 2018 No. 3033 – website, 11.07.2018.

Article 76. Imposition on a minor of a sentence lighter than that provided for by law The judge is entitled to impose on a minor a sentence less than the limit provided for by law or another, lighter sentence, if no conviction judgment has been rendered against him/her in the past and there is a combination of mitigating circumstances, due to which it is expedient to impose a sentence lighter than that provided for by law.🔗

Article 77. Enforcement of a Non-Custodial Sentence🔗

1. The enforcement of the sentence provided for by subparagraph „a“ of Article 66 of this Code shall be ensured, in accordance with the procedure established by the Law of Georgia „On Enforcement Proceedings“, by the Legal Entity of Public Law − the National Bureau of Enforcement, while the enforcement of the sentences provided for by subparagraphs „b“−„d“ of the same Article shall be ensured, in accordance with the procedure established by the Law of Georgia „On the Prevention of Crime, the Procedure for the Enforcement of Non-Custodial Sentences and Probation“, by the Agency.

2. When community service is imposed on a minor, before the commencement of serving it, in the event of attaining majority in the course of serving this and other non-custodial sentences and of serving a conditional conviction, the convicted person shall continue serving the sentence imposed on the minor by the verdict. In such a case, the relevant provisions of this Code shall apply.

3. In the event of a violation by a minor of the regime established by the Law of Georgia „On the Prevention of Crime, the Procedure for the Enforcement of Non-Custodial Sentences and Probation“, the authorised person of the territorial body of the Agency − the Bureau for the Prevention of Crime, the Enforcement of Non-Custodial Sentences and Probation, shall draw up a protocol of warning, which shall be delivered to the convicted person directly or sent by post (when the protocol is sent to the convicted person by post, an appropriate note shall be made).

4. A minor shall be released from the obligation to pay the fee established by the Law of Georgia „On the Prevention of Crime, the Procedure for the Enforcement of Non-Custodial Sentences and Probation“.

5. In the event of evasion by a minor of a non-custodial sentence, of a conditional conviction or of the performance of an assigned obligation, the judge, on the basis of consideration of the submission of the Agency and the relevant materials, shall, within 7 days from the submission of the submission, adopt a judgment on leaving the non-custodial sentence, the conditional conviction or the assigned obligation unchanged or on changing it. The judge shall consider the submission of the Agency with the participation of the Agency's employee − the probation officer − and the legal representative of the minor. The judge shall have the right, on the initiative of a party, to summon and examine witnesses.

6. In the event of evasion by a minor of the payment of a fine, the judge, on the basis of consideration of the submission of the Legal Entity of Public Law − the National Bureau of Enforcement and the relevant materials, shall, within 2 weeks from the submission of the submission, adopt a judgment on leaving the fine unchanged or on changing it. The judge shall consider the submission with the participation of the representative of the Legal Entity of Public Law − the National Bureau of Enforcement and the legal representative of the minor. The judge shall have the right, on the initiative of a party, to summon and examine witnesses.

7. If, during the period of serving a non-custodial sentence and/or a conditional conviction, a minor commits a less serious crime or a serious crime by negligence, the court decides the issue of keeping the non-custodial sentence and/or the conditional conviction in force, while in the event of the commission by a minor of an intentional serious or especially serious crime, the judge issues a judgment on imposing imprisonment as the sentence.

8. In the event of the replacement of a sentence imposed by a verdict with another sentence, when determining the measure of the sentence to be served by a minor, taking into account the sentence served, 1 day of house arrest, 5 hours of community service, GEL 50 of a fine, and 1 day of imprisonment for a fixed term shall be counted as equivalent to one another.

9. In the event of the replacement of a non-custodial sentence and/or a conditional conviction for a minor, the court shall be guided by this Code.

10. The completed enforcement case of a minor to whom a non-custodial sentence has been imposed/a conditionally convicted minor shall be kept in the archive of the Agency for not more than 10 years and shall be destroyed upon the expiry of this period.

Law of Georgia of 1 June 2017 No. 949 – website, 20.06.2017.

Law of Georgia of 30 May 2018 No. 2390 – website, 12.06.2018.

Law of Georgia of 29 November 2019 No. 5396 – website, 10.12.2019.

Article 78. Appeal against the replacement of a non-custodial sentence, a conditional conviction, or an imposed obligation A minor, his/her legal representative or an attorney shall have the right to appeal, by way of appellate procedure, a judgment on the replacement of a non-custodial sentence, a conditional conviction or an imposed obligation within 1 month from its delivery. The judgment of the appellate court shall be final. In the said cases, the relevant provisions of Chapter XXV of the Criminal Procedure Code of Georgia shall apply, taking into account the special time limits established by this Code for the consideration of a minor's case.🔗

Article 79. Placement of minors in detention and imprisonment institutions 1. A minor accused person against whom detention has been applied as a measure of restraint shall be placed in the minors' unit of the detention institution, while a minor convicted person who has been sentenced to imprisonment as a penalty shall be placed in a rehabilitation institution for minors. The services of the detention institution/imprisonment institution where a minor accused/convicted person is placed shall meet the requirements of protection of his/her health and respect for his/her dignity.🔗

2. In order to protect the best interests of a minor, a detention or imprisonment institution shall have a sufficient number of qualified and trained personnel (paediatrician, doctor, nurse, psychologist, psychiatrist, social worker and others).

3. In the rehabilitation institution for minors, minors are accommodated in special living quarters where supervision and control by visual and/or electronic means may be carried out in accordance with Article 58 of the Penitentiary Code.

Law of Georgia of 15 December 2023 No. 3989 – website, 26.12.2023.

Article 79¹. Provision of information to a foreign or stateless minor accused or convicted person Upon placement of a foreign or stateless minor accused or convicted person (except a person convicted of an intentional grave or especially grave crime, as well as of a domestic crime) in an imprisonment institution, no later than the 2nd working day, an authorised person of the imprisonment institution shall, in accordance with the procedure established by the legislation of Georgia, provide him/her in writing, in a language understandable to him/her or in a language which he/she understands, as may reasonably be considered, with information on the matters provided for by Article 41¹ of the Penitentiary Code.🔗

Law of Georgia of 26 June 2025 No. 877 - website, 07.07.2025.

Article 80. Specifics of execution of imprisonment in a rehabilitation institution for minors. Based on the special interests of protection of and care for minors provided for by international treaties and agreements ratified by the Parliament of Georgia, the Minister of Justice of Georgia determines:🔗

a) the procedure and conditions for execution of imprisonment in a rehabilitation institution for minors;

b) the structure and procedure of activity of a rehabilitation institution for minors;

c) the procedure for individual planning of serving of sentence by minor convicts;

d) the procedure for application of forms of encouragement and other measures to minor convicts;

e) the procedure for application of disciplinary penalties to minor convicts;

f) the procedures for proceedings related to requests and complaints of minor convicts;

g) the procedure for organizing the rehabilitation process of minor convicts;

h) the procedure and conditions for application of security measures and special means to minor convicts;

i) the procedure for maintaining the register and personal files of minor convicts.

Law of Georgia of 5 July 2018 No. 3033 – website, 11 July 2018.

Article 81. Separate placement of minors🔗

1. The following shall be placed separately from each other:

a) accused and convicted minors;

b) female and male minors.

2. It is inadmissible to place or transport a minor together with an adult, except for the case provided for by paragraph 4 of this Article.

3. In order to ensure a safe environment for minors in a rehabilitation institution for minors, they shall be accommodated according to age group, gravity of the committed crime, physical and mental development, as well as other characteristics deriving from the best interests of minors.

4. Notwithstanding the rule provided for by subparagraph „b“ of paragraph 1 of this Article, minors of different sexes may participate together in rehabilitation, educational, sports and other measures.

5. A female minor convict shall be placed in the minors' unit of a special institution for women, and the norms established for a convict placed in a rehabilitation institution for minors shall apply to her.

Article 82. Treatment of a minor 1. A minor accused/convicted person shall be provided with regular medical examination, necessary treatment, preventive medical services and special medical equipment.🔗

2. When providing medical services to a minor accused/convicted person, in the event of recording an injury on his/her body, the medical personnel shall be obliged to immediately notify the relevant investigative body, the legal representative of the minor accused/convicted person and the head of the penitentiary establishment where the minor accused/convicted person is placed. If, when providing medical services to a minor accused/convicted person, the medical personnel notices any physical injury on him/her and/or any other such circumstance which would raise in an objective person a suspicion regarding the possible commission of torture and other cruel, inhuman or degrading treatment against the said patient, the medical examination of the minor accused/convicted person shall be carried out even without his/her consent.

Law of Georgia of 15 December 2023 No. 3989 – website, 26.12.2023.

Article 83. Living and food conditions of a minor 1. A minor accused/convicted person shall have improved living and food conditions compared to other accused/convicted persons.🔗

2. A minor accused/convicted person shall be provided with food conditions corresponding to his/her condition.

3. A minor convicted person placed in a juvenile rehabilitation establishment shall have the right to move independently within the territory of the juvenile rehabilitation establishment, in accordance with the procedure established by the daily schedule of the juvenile rehabilitation establishment, in accordance with the individual plan for serving the sentence.

Article 84. Organisation of educational-rehabilitation programmes for minors🔗

1. A minor accused/convicted person shall have the opportunity to receive complete general education in accordance with the procedure established by a joint order of the Minister of Justice of Georgia and the Minister of Education, Science and Youth of Georgia.

2. The provision of primary education and basic education to a minor accused/convicted person is mandatory.

3. For the purpose of providing general education to a minor accused/convicted person and forming/developing general skills, as well as providing vocational education to a minor convicted person, the imprisonment facility/juvenile rehabilitation facility shall organise the educational-rehabilitation process.

4. In a juvenile rehabilitation facility, conditions for receiving vocational education shall be created for a minor in accordance with the procedure established by the Penitentiary Code, which shall facilitate his/her employment after leaving the juvenile rehabilitation facility.

4¹. A minor convicted person enjoys the right to receive education at the first level of academic higher education, which is carried out in accordance with the procedure established by the Penitentiary Code.

5. The educational process taking place in a juvenile rehabilitation facility shall comply with the educational standards existing in the country.

6. In the document certifying the education received by a minor accused/convicted person during the period of being an accused/serving a sentence (diploma, certificate, attestation certificate and others), no information shall be indicated by which it is possible to identify the minor as a person with a criminal record or a former convicted person.

7. For a minor convicted person who has difficulties related to cognition and learning or who has no educational history, special programmes shall exist. His/her instruction shall be conducted according to an individual learning plan.

8. The educational process taking place in a juvenile rehabilitation facility shall be regulated by a joint order of the Minister of Justice of Georgia and the Minister of Education, Science and Youth of Georgia.

9. One of the main means of resocialisation of a minor convicted person is the conduct of educational work with him/her.

Law of Georgia of 1 June 2017 No. 949 – website, 20.06.2017.

Law of Georgia of 5 July 2018 No. 3033 – website, 11.07.2018.

Law of Georgia of 16 March 2021 No. 354 – website, 18.03.2021.

Law of Georgia of 30 November 2023 No. 3840 – website, 15.12.2023.

Law of Georgia of 15 December 2023 No. 3989 – website, 26.12.2023.

Article 85. Opportunity for a minor to work 1. A minor accused/convicted person has the right to perform remunerated work.🔗

2. A minor accused/convicted person works in time free from study. At the same time, the time of study and work must not exceed 8 hours per day.

3. The rehabilitation institution for minors shall facilitate the performance of remunerated work by a minor convicted person. It is permissible for a minor convicted person to work outside the rehabilitation institution for minors.

4. A minor accused/convicted person may perform only such work as will facilitate his/her professional training and employment after release, and also will not hinder his/her receiving education.

5. It is inadmissible to employ a minor convicted person placed in a rehabilitation institution for minors in household work.

Law of Georgia of 1 June 2017 No. 949 – website, 20.06.2017.

Article 86. Sport and recreation🔗

1. A minor accused/convicted person shall be provided with the right to carry out daily sports and health-improving activity and to walk. For this purpose, appropriate equipment and space shall be accessible to him/her. The walking area shall be arranged so that meteorological conditions do not hinder the realisation of the corresponding right.

2. For minors, including a person with disabilities, appropriate recreational and physical education programmes shall exist.

Law of Georgia of 15 December 2023 No. 3989 – website, 26.12.2023.

Article 87. Contact of a Minor with Family and the Outside World 1. A minor convicted person shall have the right to frequent and regular contact with family and the outside world. In particular, he/she shall have the right to:🔗

a) to have 4 short-term visits per month, and, as a form of incentive, 2 additional short-term visits per month;

b) to have 4 long-term visits per year, and, as a form of incentive, 6 additional long-term visits per year;

c) to have 5 telephone conversations per month at his/her own expense, each lasting not less than 15 minutes, and, as a form of incentive, unlimited telephone conversations at his/her own expense;

d) to have 4 video visits per month, and, as a form of incentive, 2 additional video visits per month;

e) to receive letters, parcels and packages without restriction. At the same time, the right to receive parcels and packages may be restricted in accordance with subparagraph „e“ of the first paragraph of Article 92 of this Code;

f) to use a personal television and radio receiver;

g) to spend monthly the funds in his/her personal account for the purchase of food products, primary consumption items and other items in the shop located on the territory of the rehabilitation facility for minors, within the limit provided for by the regulations of the facility.

2. A minor accused shall have the right to have no more than 4 short-term visits per month, and also, during detention (except for the first 3 months of detention), 1 long-term visit. He/she shall also have the right, under the control of the penitentiary facility, to have at his/her own expense not less than 3 telephone conversations per month, each lasting not less than 15 minutes, and to receive letters and parcels without restriction. These rights may be restricted on the basis of a resolution of the investigator or prosecutor or a ruling of the court, taking into account the best interests of the minor.

2¹. Restriction by an investigator, prosecutor or court of the right of a minor accused to telephone conversations shall not apply to cases where the accused contacts the hotline telephone numbers of the Prosecutor's Office of Georgia, the Public Defender of Georgia and the General Inspectorate of the Ministry of Justice of Georgia.

2². The telephone conversation limits determined by subparagraph „c“ of the first paragraph / by paragraph 2 of this Article shall not apply to cases where a minor convicted person/accused contacts the hotline telephone numbers of the Prosecutor's Office of Georgia, the Public Defender of Georgia and the General Inspectorate of the Ministry of Justice of Georgia. Telephone conversations of a minor convicted person/accused to the hotline telephone numbers of the Prosecutor's Office of Georgia, the Public Defender of Georgia and the General Inspectorate of the Ministry of Justice of Georgia shall be made at the expense of the facility. The procedure and conditions for making telephone conversations by a minor convicted person/accused shall be determined by the regulations of the respective penitentiary facility.

2³. The Minister of Justice of Georgia shall be entitled to determine, by the regulations of the respective penitentiary establishment, a greater number and duration of telephone conversations than the number and duration of telephone conversations determined by subparagraph „c“ of paragraph 1 and paragraph 2 of this Article, taking into account the infrastructure of the said establishment and other circumstances significant for that purpose.

2⁴. In the presence of special circumstances (the birthday of a minor accused/convicted person or of a family member of an accused/convicted person provided for by paragraph 1 of Article 115 of the Penitentiary Code, the birth of a child, another circumstance), by decision of the director of the respective penitentiary establishment, a minor accused person whose right to telephone conversation is not restricted in accordance with paragraph 2 of this Article, a minor convicted person may be granted the right to an additional telephone conversation, which shall be carried out with the duration of telephone conversation established in the respective penitentiary establishment.

3. For the purposes of subparagraphs „a“ and „b“ of paragraph 1 of this Article, a minor shall have the right, except for the persons provided for by paragraph 1 of Article 120 of the Penitentiary Code, with the permission of his/her legal representative and the General Director of the Penitentiary Service, to meet also with any other person.

4. When a minor exercises the rights provided for by paragraphs 1 and 2 of this Article, the detention facility and the rehabilitation facility for minors shall ensure the unimpeded contact and the inviolability of the private life of the minor.

Law of Georgia of 1 June 2017 No. 949 – website, 20.06.2017.

Law of Georgia of 5 July 2018 No. 3033 – website, 11.07.2018.

Law of Georgia of 2 November 2021 No. 980 – website, 05.11.2021.

Law of Georgia of 30 December 2021 No. 1322 – website, 13.01.2022.

Law of Georgia of 15 December 2023 No. 3989 – website, 26.12.2023.

Law of Georgia of 24 June 2025 No. 699 – website, 25.06.2025.

Article 88. Short-term leave outside the imprisonment facility of a minor convicted person 1. A minor convicted person shall have the right to exercise the right of short-term leave outside the imprisonment facility three times a year. The duration of a short-term leave outside the imprisonment facility shall not exceed 5 days, which includes the time of travel of the minor convicted person to the place of destination as well.🔗

2. A minor convicted person shall be granted the right of short-term leave outside the imprisonment facility after he/she has actually served:

a) not less than one third of the term of imprisonment – the sentence to be served for a less serious crime;

b) not less than half of the term of imprisonment – the sentence to be served for a serious crime;

c) not less than two thirds of the term of imprisonment – the sentence to be served for an especially serious crime.

Article 89. Temporary transfer of an imprisoned minor to another institution 1. The temporary transfer of a minor accused/convicted person to another institution shall be permissible on the basis of an order of the General Director of the Penitentiary Service, only if this is necessary for his safety or the safety of other minors.🔗

2. Immediately upon the temporary transfer of a minor accused/convicted person to another institution:

a) he shall undergo a medical examination;

b) the legal representative shall be provided with information about his whereabouts;

c) he shall be granted the right to have a telephone conversation of no more than 15 minutes.

Law of Georgia of 5 July 2018 No. 3033 – website, 11.07.2018.

Article 90. Leaving a convicted person in a rehabilitation institution for minors or transfer to another type of imprisonment institution 1. A minor convicted person shall serve his sentence in a rehabilitation institution for minors in accordance with an individual plan.🔗

2. A convicted person who has reached 18 years of age shall be sent to a semi-open type imprisonment institution or a low-risk imprisonment institution for the further serving of the sentence.

3. A convicted person who has reached 18 years of age may, for the purposes of resocialisation, receiving general education and vocational training, upon personal application, be left to serve the sentence in the same institution in which he was serving the sentence before reaching majority. A decision on this shall be taken by the General Director of the Penitentiary Service on the basis of a petition of the director of the said institution.

4. A convicted person who has reached 18 years of age may be left in a rehabilitation institution for minors for serving the sentence no later than reaching 21 years of age.

5. The norms of serving the sentence, nutrition and living conditions established for a minor convicted person shall apply to a convicted person who has reached 18 years of age and who was left in a rehabilitation institution for minors for serving the sentence.

6. A convicted person who has reached 21 years of age, as well as a convicted person who was left in a rehabilitation institution for minors for the purposes of receiving general education and vocational training and who received general education and underwent vocational training before reaching 21 years of age, shall be sent to a semi-open type imprisonment institution or a low-risk imprisonment institution for the further serving of the sentence.

Law of Georgia of 5 July 2018 No. 3033 – website, 11.07.2018.

Article 91. Forms of encouragement of a convicted person placed in a juvenile rehabilitation facility 1. In the case of exemplary behaviour, participation in educational programmes and/or a conscientious attitude to work of a convicted person placed in a juvenile rehabilitation facility, the director of this facility is entitled to apply the following forms of encouragement to him/her:🔗

a) expression of gratitude;

b) early removal of the disciplinary penalty applied;

c) granting the right to an additional short visit;

d) granting the right to an additional long visit;

e) granting the right to an additional video visit;

f) granting the right to an additional telephone conversation;

g) granting the right to an additional short leave outside the facility;

h) granting the right to receive by parcel or post such items, substances and/or articles which a minor convicted person is normally not entitled to possess in the facility, but which are not prohibited;

i) granting the right to play computer games;

j) granting the right to use audio-visual means;

k) granting the right to an exceptional short visit − by decision of the director of the facility, with the consent of the General Director of the Penitentiary Service.

2. The types and quantities of items, substances and/or articles provided for by subparagraph „h“ of the first paragraph of this Article shall be determined by the regulations of the facility.

Law of Georgia of 1 June 2017 No. 949 - website, 20.06.2017.

Law of Georgia of 5 July 2018 No. 3033 – website, 11.07.2018.

Article 92. Types of disciplinary punishment of a minor🔗

1. In the event of the commission of a disciplinary violation by a convicted person placed in a juvenile rehabilitation facility, the director of that facility is entitled to apply the following types of disciplinary punishment in respect of him/her:

a) giving of a warning;

b) announcement of a reprimand;

c) restriction of the right to use permitted items (except essential food products and medicines prescribed by a doctor) for a term of up to 1 month;

d) restriction of the right to use the shop located on the territory of the facility for a term of 1 month;

e) restriction of the right to receive parcels and packages for a term of up to 1 month;

f) restriction of the right to telephone conversations for a term of up to 1 month, on the condition that after two weeks, in the case of exemplary behaviour, the minor convicted person may apply to the director of the juvenile rehabilitation facility with an application for the lifting of the restriction;

g) transfer to a cell-type living accommodation for a term of up to 6 months within 1 year.

1¹. During the period of effect of the disciplinary punishment provided for by subparagraph „f“ of paragraph 1 of this Article, the minor convicted person retains the right to telephone conversations in order to contact the hotline telephone numbers of the Prosecutor's Office of Georgia, the Public Defender of Georgia and the General Inspectorate of the Ministry of Justice of Georgia.

2. Placement of a minor accused/convicted person in a solitary cell is inadmissible.

3. The total term of restriction of each right provided for by subparagraphs „c“–„f“ of paragraph 1 of this Article shall not exceed 3 months within 1 year.

4. The application of disciplinary imprisonment as a disciplinary punishment in respect of a minor convicted person is inadmissible.

Law of Georgia of 1 June 2017 No. 949 - website, 20.06.2017.

Law of Georgia of 2 November 2021 No. 980 – website, 05.11.2021.

Law of Georgia of 30 December 2021 No. 1322 – website, 13.01.2022.

Law of Georgia of 24 June 2025 No. 699 – website, 25.06.2025.

Article 93. Disciplinary proceedings🔗

1. The case of a disciplinary violation of a minor accused/convicted person shall be considered by oral hearing, except where the minor accused/convicted person disrupts order, otherwise obstructs the course of the session, fails to appear at the session or refuses to participate in the session. This fact shall be noted in the record of the disciplinary proceedings.

2. During the oral hearing, the minor accused/convicted person shall be given the opportunity to sit down, take notes and give oral explanations.

3. The minor accused/convicted person has the right to have a lawyer during the consideration of the case of the disciplinary violation. Before the commencement of the oral hearing, the minor accused/convicted person shall be explained the right to invite a lawyer, which, upon receipt of the relevant consent, shall be exercised within 6 hours from the explanation. If the lawyer fails to appear within the established term, a public lawyer shall be appointed to the minor accused/convicted person.

Article 94. Information of a minor accused/convicted person on the right to file a complaint 1. A minor accused/convicted person placed in a detention facility/imprisonment facility shall be immediately given by the authorized person of the facility the opportunity to familiarize himself/herself in writing with information about his/her rights (including the right to file a complaint) and duties and about the procedure established by law for appealing.🔗

2. Information shall be provided orally to a minor accused/convicted person who cannot read and write. The authorized person draws up a protocol on providing information to him/her, which the minor accused/convicted person confirms by signature.

3. Information shall be provided to the minor accused/convicted person in a form understandable to him/her.

Law of Georgia of 1 June 2017 No. 949 - website, 20.06.2017.

Law of Georgia of 26 June 2025 No. 840 - website, 03.07.2025.

Article 95. Conditional early release of a minor from serving a sentence 1. A convicted minor may be conditionally released early from serving a sentence only if he has actually served:🔗

a) not less than one third of the term of imprisonment to be served for a less serious crime;

b) not less than one half of the term of imprisonment to be served for a serious crime;

c) not less than two thirds of the term of imprisonment to be served for an especially serious crime.

2. In the cases provided for by paragraph 1 of this Article, the term of imprisonment actually served by a convicted minor shall not be less than 3 months.

3. Not later than 3 months before the date of the conditional early release of a convicted minor, the Penitentiary Service shall notify the Agency of his possible release. The Agency shall study the family situation and living conditions of the convicted minor which may influence the decision of the local council of the Penitentiary Service. The Agency shall send the results of the study to the Penitentiary Service.

4. The Penitentiary Service shall prepare a social inclusion file of the convicted minor, which shall indicate the behaviour of the convicted minor during the period of serving the sentence, the facts of his commission of crimes in the past, the personality of the convicted minor, the nature of the crime committed by him and other circumstances which may influence the decision of the local council of the Penitentiary Service. The Penitentiary Service shall send the social inclusion file of the convicted minor, together with the results of the study sent by the Agency, to the local council of the Penitentiary Service for the purpose of taking a decision. The results of the study and the social inclusion file of the convicted person are part of the individual assessment report at the stage provided for by subparagraph „e“ of paragraph 4 of Article 27 of this Code.

5. A convicted minor who is conditionally released early from serving a sentence imposed in the form of community service as provided for by paragraph 3 of Article 73 of the Criminal Code of Georgia shall have the term of the sentence actually served in the form of community service counted towards the term provided for by paragraph 1 of this Article, according to the following calculation: 5 hours of community service – 1 day of imprisonment.

6. A convicted minor who is conditionally released early from serving a sentence imposed in the form of house arrest as provided for by paragraph 3¹ of Article 73 of the Criminal Code of Georgia shall have the term of the sentence actually served in the form of house arrest counted towards the term provided for by paragraph 1 of this Article, according to the following calculation: 1 day of house arrest – 1 day of imprisonment.

7. On the issue provided for by paragraph 1 of this Article, the local council of the Penitentiary Service shall adopt a reasoned decision on the conditional early release of a minor convict or on refusal of his conditional early release. This decision contains a full assessment of the progress achieved by the minor convict in terms of resocialisation-rehabilitation and of his readiness for release, as well as the opinions expressed during the consideration of the issue by the minor convict and the authorised person of the imprisonment facility.

8. When adopting a decision on refusal of the conditional early release of a minor convict, the local council of the Penitentiary Service shall also indicate in the decision the measures to be taken by the minor convict and the imprisonment facility for conditional early release.

9. Consideration of the issue of the conditional early release of a minor convict from serving the sentence shall be mandatory once every 3 months.

Law of Georgia of 1 June 2017 No. 949 – website, 20.06.2017.

Law of Georgia of 5 July 2018 No. 3033 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5396 – website, 10.12.2019.

Article 96. Replacement of the unserved part of the sentence for a minor convict by community service or house arrest 1. In the case provided for by paragraph 3 or 3¹ of Article 73 of the Criminal Code of Georgia, the unserved part of the sentence of a minor convict may be replaced by community service or house arrest only if he has actually served:🔗

a) not less than one fourth of the term of the sentence to be served for a less serious crime;

b) not less than one third of the term of the sentence to be served for a serious crime;

c) not less than half of the term of the sentence to be served for an especially serious crime.

2. The three-month period provided for by paragraph 6 of Article 73 of the Criminal Code of Georgia shall not apply to a minor convict.

3. Consideration of the issue of the replacement of the unserved part of the sentence for a minor convict by community service or house arrest shall be mandatory once every 3 months.

Law of Georgia of 1 June 2017 No. 949 – website, 20.06.2017.

Article 97. Personal file of a minor The personal file of a minor accused/convict shall be maintained from his arrest until his release. After the release of the minor accused/convict, his personal file shall be kept for a period of not more than 10 years in the archive of the detention facility/imprisonment facility. The personal file of the minor accused/convict shall be destroyed upon expiry of this period.🔗

Article 98. Preparation for the release of a minor 1. After serving not less than two thirds of the prison sentence, but not later than 3 months before release, the imprisonment facility:🔗

a) notifies the minor convict and his/her legal representative, as well as the territorial body of the Agency at the place of residence of the minor convict — the Crime Prevention, Non-custodial Sentences Enforcement and Probation Bureau — and the relevant municipal body of the upcoming date of release of the minor convict;

b) provides the minor with a special programme preparing him/her for release;

c) with the consent of the minor convict, prepares his/her social inclusion file for transfer to the Agency, in order to facilitate the process of resocialisation of the minor;

d) provides the minor convict, in a form understandable to him/her, with information on how he/she can receive the relevant assistance and support after release.

2. Representatives of the Agency:

a) meet the minor in the facility;

b) take all necessary measures to make the conditions and necessity of his/her resocialisation-rehabilitation plan understandable to the minor;

c) review the minor's social inclusion file in the prison or imprisonment facility;

d) in the event that, after release, the former minor convict applies to them, approve his/her resocialisation-rehabilitation plan not later than 3 months after the application;

e) ensure, as far as possible, the completion and improvement of programmes started in prison and imprisonment facilities.

3. Not later than 3 months before the actual serving of the term established by the legislation of Georgia for conditional early release from serving the sentence, and in the case of a sentence imposed under the procedure defined by paragraph 5 of Article 50 of the Criminal Code of Georgia — not later than 3 months before the expiry of the term of imprisonment imposed as the sentence, the Penitentiary Service:

a) notifies the minor convict, his/her legal representative and the Agency of the upcoming date of release of the minor convict;

b) applies in writing to the Agency requesting an assessment of the risks of the family and social environment of the minor convict and determination of his/her needs.

4. A representative of the Agency:

a) assesses the risks of the family and social environment of the minor convict and determines his/her needs;

b) upon completion of the assessment of the risks of the family and social environment of the minor convict for conditional early release from serving the sentence, sends the relevant documents to the imprisonment facility.

5. The form and procedure of the application and of the assessment of the risks of the family and social environment of the minor convict and determination of his/her needs provided for by paragraphs 3 and 4 of this Article shall be established by the Minister of Justice of Georgia.

6. The requirements provided for by paragraph 1 of this Article shall not apply to cases where the punishment is imposed on the basis of paragraph 2¹ of Article 50 of the Criminal Code of Georgia and the term of imprisonment imposed as a punishment does not exceed 3 months.

7. The resocialization-rehabilitation plan of a minor convict shall be prepared at least 2 months before his/her release, except in the case where compliance with this term is impossible due to the issuance of an act of conditional early release or amnesty/pardon, or the delivery of a court judgment.

8. For the preparation of the resocialization-rehabilitation plan of a minor convict, within a period of up to 3 months from his/her release, the Agency shall cooperate with the executive body of the municipality where the minor's place of residence is located or where he/she intends to return.

Law of Georgia No. 3033 of 5 July 2018 – website, 11.07.2018.

Law of Georgia No. 5396 of 29 November 2019 – website, 10.12.2019.

Law of Georgia No. 3989 of 15 December 2023 – website, 26.12.2023.

Article 98¹. Provision of information on the release of a minor convict from an imprisonment facility. The imprisonment facility shall be obliged to notify the relevant structural subdivision of the Ministry of Internal Affairs of Georgia, in the manner established by the joint order of the Minister of Justice of Georgia and the Minister of Internal Affairs of Georgia, about the release from the imprisonment facility of a minor convict who has been sentenced, as a punishment, to expulsion of a foreigner from Georgia and prohibition of entry into Georgia.🔗

Law of Georgia No. 877 of 26 June 2025 – website, 07.07.2025.

Article 99. Support and supervision of a minor after conditional conviction and serving of sentence 1. After conditional conviction and serving of sentence, a minor, as a rule, is transferred to a legal representative and/or, if necessary, to the guardianship and curatorship body.🔗

2. The Agency:

a) coordinates the implementation of the resocialization-rehabilitation plan of a minor convict for at least 6 months after conditional conviction and serving of sentence;

b) ensures, in the manner established by the legislation of Georgia, his/her practical and psychosocial support for reintegration into society of the minor after conditional conviction and serving of sentence.

3. (Removed – 29.11.2019, No. 5396).

Law of Georgia No. 5396 of 29 November 2019 – website, 10.12.2019.

Article 100. Retroactive force of the Code 1. The provisions of this Code, except for the procedural norms of this Code, have retroactive force if this improves the situation of a minor.🔗

2. Amendments made to the procedural norms of this Code entail the annulment or modification of a previously issued procedural act if this improves the situation of a minor accused/convict.

Article 101. Measures to be implemented for the entry into force of the Code 1. Before 1 January 2016, the Government of Georgia shall ensure the adoption of the Resolution of the Government of Georgia provided for by this Code.🔗

2. Before 1 January 2016, the High Council of Justice of Georgia shall ensure the adoption of the decision of the High Council of Justice of Georgia provided for by this Code.

3. Before 1 January 2016, the Ministers of Justice, Internal Affairs, Education and Science, and Corrections and Probation of Georgia shall ensure the issuance of the subordinate normative acts provided for by this Code and the compliance of the respective normative acts with this Code.

4. Before 1 January 2016, the Georgian Bar Association shall ensure the approval of the form of the document confirming the specialisation of a lawyer in juvenile justice.

Article 102. Entry into force of the Code 1. This Code, except for Articles 1–100 of this Code, shall enter into force upon publication.🔗

2. Articles 1–26 of this Code, paragraphs 1–3 of Article 27, subparagraphs "a", "c", "d" and "e" of paragraph 4 and paragraphs 5–10, Articles 28–65, subparagraphs "a", "c", "d" and "f" of Article 66, Articles 67, 68, 70, 71 and 73–100 shall enter into force from 1 January 2016.

3. Subparagraph "b" of Article 66 and Article 69 of this Code shall enter into force from 1 September 2015.

4. Subparagraph "b" of paragraph 4 of Article 27 of this Code shall enter into force from 1 March 2016.

5. (deleted – 01.06.2017, No. 949).

Law of Georgia of 22 December 2016 No. 187 – website, 29.12.2016.

Law of Georgia of 1 June 2017 No. 949 – website, 20.06.2017.

President of Georgia Giorgi Margvelashvili

Kutaisi,

12 June 2015

N3708-IIs