Criminal Procedure Code of Georgia

Law of Georgia

Criminal Procedure Code of Georgia

General Part

Article 1. Purpose of the Code🔗

This Code establishes the rules for the investigation of a crime, criminal prosecution and the administration of justice.

Article 2. Rules for the Application of Criminal Procedure Law, Analogy of Law🔗

1. In criminal proceedings, the procedural norm that is in force at the time of the investigation and court hearing shall apply.

2. Amendments made to the criminal procedure law entail the annulment or modification of a previously issued procedural act if this improves the situation of the accused (convicted person).

3. If there is a gap in the legislation of Georgia, application of a criminal procedure norm by analogy shall be permissible if this does not restrict the human rights and freedoms provided for by the Constitution of Georgia and an international treaty.

4. Regardless of the place where the crime was committed, criminal proceedings on the territory of Georgia shall be conducted in accordance with the legislation of Georgia.

5. The criminal procedure legislation of Georgia shall also apply in respect of a crime committed on an aircraft or sea vessel located outside the borders of Georgia and flying or sailing under the flag or identification mark of Georgia, unless otherwise provided by international treaties and agreements of Georgia.

5¹. The criminal procedure legislation of Georgia shall apply on the territory of a diplomatic mission or consular institution of Georgia abroad, unless otherwise provided by international treaties of Georgia.

6. In accordance with the international treaties and agreements of Georgia, the criminal procedure legislation of Georgia may also be applied on the territory of a foreign state.

7. A citizen of Georgia who enjoys diplomatic immunity, as well as members of his family located abroad, if they do not voluntarily consent to the application of the criminal procedure legislation of the country of residence, shall be subject to the jurisdiction of the criminal procedure legislation of Georgia.

8. When executing a request of a court or investigative body of a foreign state concerning the conduct of a procedural action on the territory of Georgia, the criminal procedure legislation of that state may also be applied, if this is provided for by an international treaty of Georgia.

Law of Georgia of 20 July 2018 No. 3157 – website, 06.08.2018.

Article 3. Definition of basic terms for the purposes of this Code🔗

1. Minor – a person who has not reached 18 years of age.

2. Close relative – parent, adopter, child, foster child, grandfather, grandmother, grandchild, sister, brother, spouse (including divorced).

3. Family member – spouse, minor child or stepchild, a person permanently living with him/her.

4. Legal representative – a close relative, guardian, curator, supporter, who participates in criminal proceedings in a case where the participant of the proceedings is a minor, a person with limited legal capacity, if due to health condition he/she cannot defend himself/herself, as well as a recipient of support, unless otherwise determined by a court judgment.

5. Party – the accused, the convicted, the acquitted, their lawyer, investigator, prosecutor.

6. Prosecution party – investigator, prosecutor.

7. Defence party – the accused, the convicted, the acquitted, their lawyer.

7¹. Person lacking procedural capacity − an accused who, due to a mental disorder, lacks the ability to perform such procedural action as must be conducted with his/her direct participation.

8. Convicted – a person against whom a court's guilty verdict has been rendered.

9. Lawyer – a person who, in accordance with the procedure established by law, defends the interests of the accused, the convicted, the acquitted and provides them with legal assistance.

10. Investigation – a set of actions carried out by an authorized person in accordance with the procedure established by this Code, the purpose of which is the collection of evidence related to a crime.

11. Reasonable suspicion – a set of facts or information which, given the totality of circumstances of the given criminal case, would satisfy an objective person that a person may have committed a crime, the evidentiary standard provided for conducting an investigative action directly provided for by this Code and/or applying a preventive measure.

11¹. Evidence sufficient for rendering a verdict without substantive examination of the case – evidence which would convince an objective person that the accused committed a crime, taking into account that the accused admits the crime, does not dispute the evidence submitted by the prosecution party and waives the right to substantive examination of his/her case by the court.

12. High degree of probability – a guiding standard for a judge when making a decision at a pre-trial hearing on transferring the case for substantive examination, which is based on the set of mutually compatible and convincing evidence presented at the hearing and is sufficient for a high degree of probability that a guilty verdict will be rendered in the given case.

13. Beyond reasonable doubt – the set of evidence required for the court to render a guilty verdict, which would convince an objective person of the person's guilt.

14. Verdict – a decision of the court of first instance, appellate or cassation court, which recognizes the accused as guilty of committing a crime or acquits him/her.

15. Ruling – a court decision (except for a judgment and an order) on any matter.

16. Resolution – a decision of an investigator or a prosecutor on any matter.

17. Night – the time from 22:00 to 6:00.

18. Valid reason – the failure of a participant in criminal proceedings to appear, caused by his/her illness, the death of a close relative, or other special objective circumstances which, for a reason independent of him/her, make it impossible to appear at the proceedings. Illness shall be confirmed by a document issued by a person with the relevant authority of a medical institution, signed by an authorised person and certified by a seal, which directly indicates the impossibility of appearing at the proceedings. Notice of the existence of a previously known valid reason shall be submitted to the court at the first opportunity, but not later than 48 hours before the commencement of the proceedings. A document confirming non-appearance for a valid reason shall be submitted within 5 days of the non-appearance.

19. Accused – a person in respect of whom there is a reasoned assumption that he/she has committed a crime provided for by the Criminal Code of Georgia.

20. Witness – a person who may know information necessary for establishing the circumstances of a criminal case. A person acquires the status and the rights and obligations of a witness after being warned of criminal liability and taking an oath.

21. Expert – a natural person with special knowledge, skills and experience who, in accordance with the procedure established by this Code, is invited by a party or, upon a party's motion, by the court to conduct the examination necessary in a criminal case and to draw up a conclusion. In addition, the expert assists the parties and the court in the discovery, examination and demonstration of evidence.

22. Victim – the State, a natural or legal person who has suffered moral, physical or property damage directly as a result of a crime.

22¹. Coordinator of a witness and a victim − a person who ensures support for a witness/victim in the course of legal proceedings.

22². Compensation of a victim − compensation, in accordance with the procedure established by this Code, of property damage directly caused to a natural or legal person as a result of the commission of a crime.

23. Evidence – information submitted to the court in accordance with the procedure established by law, an item, document, substance or other object containing this information, on the basis of which the parties confirm or deny facts in court, legally assess them, fulfil obligations, protect their rights and legitimate interests, and the court establishes whether there exists a fact or act on account of which criminal proceedings are conducted, whether this act was committed by a certain person, whether he/she is guilty, as well as circumstances which influence the character and degree of the accused's responsibility and characterise his/her personality. A document is evidence if it contains the information necessary for establishing the factual and legal circumstances of a criminal case. A document is considered to be any source in which information is recorded in verbal-sign form and/or in the form of photo-, cine-, video-, sound or other recording or by the use of other technical means.

24. Witness testimony – information given by a witness in court about the circumstances of a criminal case.

25. Material evidence – an item, document, substance or other object which, by its origin, place and time of discovery, features and traces left on it, is connected with the factual circumstances of a criminal case and may serve as a means of detecting a crime, identifying the offender or refuting or confirming the charge, as well as a pre-marked and/or fake (simulated) item, document, substance or other object used in the conduct of controlled delivery provided for by paragraph 2¹ of Article 7 of the Law of Georgia "On Operative-Investigative Activity".

26. Place of investigation – the location of the administrative building of the investigative body.

27. Computer system – any mechanism or group of interconnected mechanisms which, by means of a program, automatically processes data (including a personal computer, any device with a microprocessor, as well as a mobile telephone).

28. Computer data – information represented in any form suitable for processing in a computer system, including a program which ensures the functioning of the computer system.

28¹. Unified system for locating mobile communication equipment − the unified system for locating mobile communication equipment provided for by subparagraph "gg71" of Article 2 of the Law of Georgia "On Electronic Communications".

29. Service provider – any natural or legal person which provides users with the possibility to communicate by means of a computer system, as well as any other person which processes or stores computer data on behalf of such communication service or the users of such service.

30. Internet traffic data – any computer data related to communications and generated by a computer system that is part of a chain of communications, indicating the source, destination, direction, time, date, size, duration, and type of basic service of the communication.

31. Object of a covert investigative action – a person against whom a covert investigative action is carried out.

32. For the purposes of Chapter XVI¹ of this Code, the state body with relevant authority:

a) when carrying out covert investigative actions provided for by subparagraphs “a”–“d” of the first paragraph of Article 143¹ of this Code – Legal Entity of Public Law – Operational-Technical Agency of Georgia (hereinafter – the Agency), which is the body with exclusive authority to conduct these covert investigative actions;

b) when carrying out covert investigative actions provided for by subparagraphs “e” and “f” of the first paragraph of Article 143¹ of this Code – the relevant state body carrying out the covert investigative action, within the scope of its competence.

32¹. (Deleted – December 30, 2021, No. 1314).

33. Removal and fixation of information from a communication channel – removal and fixation, by the state body with relevant authority, using technical and/or software means, of information that is current, transmitted, received, collected, processed or accumulated from electronic communication (electronic mail), a communication network, a telecommunication or information system.

34. Removal and fixation of information from a computer system – removal and fixation, by the state body with relevant authority, using technical and/or software means, of information transmitted from, received by, as well as current in, collected, processed or accumulated in a computer system.

35. Real-time geolocation determination – determination, in real time and with the maximum possible accuracy, of the geographic location of mobile communication equipment.

36. Covert interception and recording of telephone communication – covert interception and recording of telephone communication carried out through public electronic communication networks and means of an authorized person in accordance with the Law of Georgia “On Electronic Communications”.

37. Technical identifier of the object of a covert investigative action – identifying data of communication equipment in the use of the object of the covert investigative action (any data that enables or facilitates the individual identification of communication equipment (including telephone number, Internet Protocol address (IP address), International Mobile Equipment Identity (IMEI), International Mobile Subscriber Identity (IMSI), MAC address and others)) or user name.

37¹. Restriction of identification of a person − concealment of the identity of a person participating in an operative-investigative measure or a covert investigative action by striking out, blurring any identifying characteristic (data) thereof, by the use of remote means of communication for the restriction of visualisation and/or by other such means which, at all stages of the proceedings, precludes the identification and/or recognition of his/her identity.

38. Initial examination − the initial inspection by the prosecution side, on the basis of a motion of the defence side, of an object, document, thing, substance or other object containing information obtained, familiarisation with its content, conducting an expert examination or another investigative action on this material, before the defence side enjoys an analogous right.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013

Law of Georgia of 24 July 2014 No. 2517 - website, 06.08.2014

Law of Georgia of 30 November 2014 No. 2870 - website, 30.11.2014

Law of Georgia of 20 March 2015 No. 3358 - website, 31.03.2015

Law of Georgia of 8 July 2015 No. 3955 - website, 15.07.2015

Judgment of the Constitutional Court of Georgia of 14 April 2016 No. 1/1/625,640 - website, 22.04.2016

Law of Georgia of 22 March 2017 No. 476 - website, 27.03.2017

Law of Georgia of 4 May 2017 No. 755 - website, 24.05.2017

Law of Georgia of 4 May 2018 No. 2270 – website, 21.05.2018

Law of Georgia of 21 July 2018 No. 3276 – website, 09.08.2018

Law of Georgia of 27 December 2018 No. 4265 – website, 29.12.2018

Law of Georgia of 8 May 2019 No. 4604 - website, 08.05.2019

Law of Georgia of 17 October 2019 No. 5186 – website, 23.10.2019

Law of Georgia of 19 December 2019 No. 5621 – website, 26.12.2019

Law of Georgia of 30 December 2021 No. 1314 – website, 13.01.2022

Law of Georgia of 24 May 2022 No. 1575 – website, 06.06.2022

Law of Georgia of 2 July 2025 No. 923 – website, 03.07.2025

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025

Law of Georgia of 17 December 2025 No. 1339 – website, 23.12.2025

Article 4. Inviolability of human dignity🔗

1. A judge, a prosecutor, an investigator and other participants of criminal proceedings shall be obliged at all stages of criminal proceedings to protect the dignity and the inviolability of private life of the participants of the proceedings.

2. It is inadmissible to influence a person's freedom of will through torture, violence, cruel treatment, deception, medical intervention, hypnosis, as well as other such measures that affect a person's memory or thinking. It is also inadmissible to threaten or promise such benefits that are not provided by law.

3. Within the framework of criminal proceedings, coercion may be used only in the cases provided by law and in the established manner.

Article 5. Presumption of innocence and liberty🔗

1. A person shall be considered innocent until his guilt is proven by a guilty judgment of the court that has entered into legal force.

2. No one is obliged to prove his innocence. The burden of proving the charge rests on the prosecution. The prosecution has the right to waive the charge.

3. A doubt arising at the time of the assessment of evidence, which is not confirmed in the manner established by law, shall be resolved in favour of the accused (convicted).

4. A person shall be free, except in the case where the necessity of his detention has been proven.

Article 6. Inadmissibility of unlawful restriction of human constitutional rights and freedoms🔗

1. Restriction of the constitutional rights and freedoms of a participant of criminal proceedings shall be permissible only on the basis of special norms provided by the Constitution of Georgia and this Code.

2. Recognition of a person as guilty, imposition of a punishment on him and appointment of compulsory treatment for a person suffering from drug addiction shall be the authority of the court only.

3. Preference shall always be given to the lightest form of restriction of rights and freedoms.

Law of Georgia of 16 April 2025 No. 500 – website, 17.04.2025.

Article 7. Inviolability of private life in criminal proceedings🔗

1. In the course of an investigation, a party has no right to arbitrarily and unlawfully interfere in another's private life. The inviolability of private property or other possession and of private communication carried out by any means shall be guaranteed by law.

2. The person conducting a procedural action shall not disclose information about private life, as well as information of a personal nature, the confidentiality of which the person considers necessary.

3. A person who has suffered damage as a result of the unlawful disclosure of information about his private life/personal data shall have the right to full compensation of the damage in the manner established by the legislation of Georgia.

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014.

Article 8. Fair trial and speedy justice🔗

1. The accused (convicted person, acquitted person) has the right to a fair trial.

2. The accused has the right to speedy justice within the time limits established by this Code. A person has the right to waive this right if this is necessary for the proper preparation of the defence.

3. The court shall give priority to the consideration of a criminal case in which detention is applied as a measure of restraint against the accused.

Article 9. Equality of the parties and adversarial nature🔗

1. Upon the initiation of criminal prosecution, criminal proceedings shall be conducted on the basis of equality of the parties and adversarial nature.

2. A party has the right, in accordance with the procedure established by this Code, to file a motion, obtain, request through the court, present and examine all relevant evidence.

Article 10. Publicity and orality of a court hearing🔗

1. A court hearing shall, as a rule, be held publicly and orally. The closing of a hearing shall be permitted only in cases provided for by this Code.

2. All judgments delivered by the court shall be announced publicly.

3. (Removed - 18 January 2013, No. 205).

4. Photo-, film-, video-recording, stenography and audio-recording of the consideration of a criminal case in the court building, as well as in the courtroom, shall be carried out in accordance with the procedure established by the Organic Law of Georgia "On Common Courts".

Law of Georgia of 18 January 2013 No. 205 – website, 28 January 2013.

Law of Georgia of 1 May 2013 No. 583 – website, 20 May 2013.

Article 11. Conduct of criminal proceedings in the state language🔗

Criminal proceedings shall be conducted in the Georgian language, and in the Autonomous Republic of Abkhazia – also in the Abkhaz language. A participant in the proceedings who does not know or does not adequately know the language of the criminal proceedings shall be assigned an interpreter in accordance with the procedure established by this Code.

Article 12. Legality and independence of the court🔗

1. A person shall be tried only by the court to whose jurisdiction the consideration of his or her case is subject by law.

2. Criminal prosecution shall be conducted, in accordance with the procedure established by this Code, only by a prosecutor.

3. The procedure for the investigation and court hearing of a criminal case established by the criminal procedure legislation of Georgia shall be uniform throughout the entire territory of Georgia and binding on all participants in criminal proceedings.

4. In cases provided for by this Code, the legitimate interest of a person shall have priority over the public interest in solving a crime and punishing the offender. The protection of a person's legitimate interests in criminal proceedings serves the interests of society.

Article 13. Evidence🔗

1. Evidence has no predetermined force.

2. The admission of the accused, if it is not confirmed by other evidence proving his guilt, is not sufficient for rendering a conviction against him. A conviction shall be based only on a set of mutually consistent, clear and convincing evidence that proves the person's guilt beyond reasonable doubt.

(The normative content of the second sentence of paragraph 2 of Article 13 that provides for the possibility of rendering a conviction on the basis of the evidence defined by Article 76 of this Code (14 June 2013 version) – indirect testimony, was declared invalid) -

Decision of the Constitutional Court of Georgia of 22 January 2015 No. 1/1/548 – website, 04.02.2015.

(The normative content of the second sentence of paragraph 2 of Article 13 that permits the possibility of using an illegal item seized as a result of a search as evidence, under conditions where the presence of the seized item in the accused's possession is confirmed only by the testimony of a law enforcement officer and at the same time, law enforcement officers could have, but did not take, appropriate measures to obtain neutral evidence confirming the reliability of the search, was declared invalid) - Decision of the Constitutional Court of Georgia of 25 December 2020 No. 2/2/1276 – website, 30.12.2020.

(The normative content of the second sentence of paragraph 2 of Article 13 that provides for the use, when rendering a conviction, of the testimony of a law enforcement officer that is based on an operational source ("confidant", "informant") or information provided by an anonymous person, as evidence, was declared invalid) - Decision of the Constitutional Court of Georgia of 25 December 2020 No. 2/2/1276 – website, 30.12.2020.

3. If a search or seizure was conducted on the basis of information received from an anonymous report or from a secret employee (confidant)/information-providing source as defined by the Law of Georgia on Operative-Investigative Activity, in accordance with the procedure established by paragraph 1 or paragraph 5 of Article 112 of this Code, and an illegal object, item or substance was seized, the aforementioned may serve as a basis for a conviction if the presence of the illegal object, item or substance in the person's possession is also confirmed by other evidence, in addition to the testimony of the investigator conducting the said investigative action, the testimony of an investigator participating in the investigative action, the testimony of a person with an operative-investigative function participating in the investigative action, and the record of the corresponding investigative action. This rule shall not apply when the obtaining/submission of other evidence is objectively impossible.

Note: "unlawful item, thing or substance" for the purposes of this Article means that explosive device, explosive substance, that weapon provided for by the Law of Georgia "on Weapons", combat material, that substance subject to special control provided for by the Law of Georgia "on Narcotic Means, Psychotropic Substances, Precursors and Narcological Assistance", that substance provided for by the Law of Georgia "on New Psychoactive Substances", the possession, acquisition, storage, transportation or carrying of which is a crime.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Judgment of the Constitutional Court of Georgia of 22 January 2015 No. 1/1/548 – website, 04.02.2015.

Judgment of the Constitutional Court of Georgia of 25 December 2020 No. 2/2/1276 – website, 30.12.2020.

Law of Georgia of 28 June 2021 No. 706 – website, 29.06.2021.

Article 14. Direct and oral examination of evidence🔗

1. Evidence shall not be submitted to the court (jury) if the parties have not had equal opportunity to examine it directly and orally, except for the exceptions provided for by this Code.

2. A party has the right to request in court the direct questioning of a witness and to present its own evidence. A person participating in an operative-investigative measure or a covert investigative action, who cooperates with the investigation body and whose identity is concealed by decision of the prosecutor, shall be questioned remotely, in such a manner as to preserve the possibility of his/her identification and/or recognition by the defence.

Law of Georgia of 2 July 2025 No. 923 – website, 03.07.2025.

Article 15. Right to refuse to give testimony🔗

No one is obliged to give testimony against himself/herself or against other persons, the circle of whom is determined by this Code.

Article 16. Discretion in criminal prosecution🔗

When taking a decision on the initiation and termination of criminal prosecution, the prosecutor enjoys discretionary authority, being guided by public interests.

Article 17. Charging on the basis of reasonable suspicion🔗

1. A person shall be charged if there is a reasonable suspicion that he/she has committed a crime.

2. Charging a person is the exclusive authority of the prosecutor.

Article 18. Prohibition of repeated detention, charging and conviction🔗

1. It is inadmissible to detain a person repeatedly on the basis of only the same evidence and/or information.

2. A person may not be charged and/or convicted for a crime for which he/she has already once been acquitted or convicted.

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013.

Article 19. Court as an organ of justice🔗

1. The court is the only organ of state authority empowered to administer justice, to consider a criminal case, and to deliver a lawful, reasoned and fair judgment.

2. Refusal to administer justice is inadmissible. The court shall, in accordance with the procedure established by this Code, consider, according to jurisdiction, a criminal case, a motion and a complaint.

Article 20. Powers of the court🔗

1. If a criminal case is not considered at first instance by a jury court, it shall be considered at first instance by a district (city) court.

2. The competence of a magistrate judge of a district (city) court is to deliver a court ruling on the restriction of a person's constitutional right and on the conduct of an investigative action related to a coercive measure, to decide the issue of a preventive measure against the accused, in cases provided for by this Code to decide a complaint regarding the unlawful action of an investigator and/or prosecutor, as well as to exercise other powers provided for by this Code. On the issues provided for by this paragraph, the decision shall be taken by the magistrate judge of the district (city) court in whose area of operation the investigation or procedural action is being conducted, will be conducted or has been conducted. In a case directly provided for by this Code, the decision may be taken by another magistrate judge. The issues assigned by this Code to the jurisdiction of a magistrate judge may, in his/her absence or in the case where the place of investigation does not coincide with the place of commission of the crime, be considered by another magistrate judge or by a judge of the relevant district (city) court according to the place of investigation.

3. A complaint against a decision taken on the issues assigned by paragraph 2 of this Article to the jurisdiction of a magistrate judge shall, in cases provided for by this Code, be considered by the investigative collegium of the Court of Appeal.

4. An appeal against a judgment and other final court decision of a district (city) court or a magistrate judge shall be considered by the appellate chamber of the Court of Appeal.

5. A cassation appeal against a judgment and other final court decision of the Court of Appeal shall be considered by the Criminal Cases Chamber of the Supreme Court of Georgia.

6. The Criminal Cases Chamber of the Court of Appeal shall, in cases provided for by this Code and in accordance with the established procedure, consider a complaint on the review, due to newly discovered circumstances, of a judgment and other final court decision delivered by the common courts of Georgia and having entered into legal force.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Article 21. Territorial jurisdiction🔗

1. A criminal case is examined in court according to the place where the accused person was first brought before the court.

2. The judge determines the existence of a plea agreement between the parties, as well as the question whether a motion has been filed for the court to deliver a judgment without substantive examination of the case. If a motion is filed, the judge acts in accordance with Chapter XXI of this Code.

3. During the investigation, a motion for approval of a plea agreement between the parties is examined by the court according to the place where the investigation was completed.

4. The chairperson of a higher court is entitled, upon a motion of a party, to transfer a criminal case for examination to another court according to the place of residence of the majority of the victims and witnesses participating in it, or for another reason related to incurring fewer procedural costs.

5. If the court establishes that the criminal case is not within its jurisdiction, it shall, by ruling, transfer the case to another court according to jurisdiction.

6. A dispute concerning jurisdiction is resolved by the chairperson of the higher court.

Law of Georgia of 7 December 2010 No. 3891 - LHG I, No. 67, 09.12.2010, Art. 418

Article 21¹. Territorial jurisdiction of the jury court🔗

Jury courts are established in Tbilisi, Kutaisi, Batumi and Rustavi city courts and Zugdidi, Telavi and Gori district courts. Their areas of operation are determined by a decision of the High Council of Justice of Georgia.

Law of Georgia of 24 June 2016 No. 5591 - website, 13.07.2016.

Article 22. Composition of Courts🔗

1. A judge or magistrate judge of a district (city) court makes a decision related to a criminal case individually.

2. In the case where there is a sufficient number of judges in a district (city) court for the consideration of cases by a collegial composition, the chairperson of the court considering the criminal case may order the collegial consideration of the case by a panel of three judges, if the consideration and resolution of the case is of particular importance for judicial practice or the case is of particular complexity from a factual or legal standpoint, except in cases where the case is considered with the participation of jurors.

3. In the case provided for by this Code, a criminal case in a district (city) court is considered with the participation of jurors and a judge.

4. A judge of the Investigative Collegium of the Court of Appeal considers a complaint individually.

5. In the Chamber for Criminal Cases of the Court of Appeal, a criminal case is considered on appeal collegially by a panel of three judges.

6. For criminal cases of less serious and serious categories of crimes, complaints against judgments and other summary court decisions of district (city) courts may be considered on appeal individually by a judge of the Chamber for Criminal Cases of the Court of Appeal.

7. A cassation appeal in the Chamber for Criminal Cases of the Supreme Court of Georgia is considered collegially by a panel of three judges, and in the Grand Chamber – by a panel of nine judges.

8. Every judge of the court composition has an equal right to make a decision.

9. If a criminal case is triable by a jury court and the accused evades appearance in court, the court considers the case in his/her absence, without the participation of jurors.

Article 23. Presiding Judge of the Court Session🔗

The Presiding Judge of the Court Session conducts the session, the course of the court's deliberations, gives the parties the opportunity to present and examine evidence without hindrance, ensures the maintenance of order, and also exercises other powers provided for by this Code.

Article 24. Secretary of the court session🔗

1. The secretary of the court session verifies whether a person summoned to the court proceedings has appeared, and reports this to the court; upon the proposal of the presiding judge of the session, reads out the procedural document publicly; keeps the minutes of the court session.

2. The secretary of the court session shall be obliged to record fully and correctly in the minutes of the court session the actions and decisions of the court, as well as the actions, statements, motions, testimony and explanations of all participants of the court session. The secretary has the right, when preparing the minutes, to use stenography, a dictaphone and other technical means.

3. The court is entitled to consider the parties' remarks concerning the minutes of the court session without summoning them. The secretary of the court session provides written explanations.

Article 25. Adversarial nature of court proceedings and equality of the parties🔗

1. The court shall be obliged to create equal opportunities for the parties to defend their rights and lawful interests, so as not to grant an advantage to either of them.

2. The court is prohibited from independently obtaining and examining evidence confirming the charge or facilitating the defence. The obtaining and presentation of evidence is the competence of the parties. The judge is entitled, in an exceptional case, as a result of agreement with the parties, to ask a clarifying question, if this is necessary to ensure a fair trial.

(The normative content of the third sentence of paragraph 2 of Article 25, which restricts the possibility of the judge hearing the case to ask a question, was declared invalid) - Decision of the Constitutional Court of Georgia No. 3/2/1478 of 28 December 2021 – website, 30.12.2021.

3. Before delivering a judgment or another summary court decision, the judge has no right to express an opinion on whether the accused (convicted person) is to be recognised as guilty or innocent.

4. If both parties participate in the court session, in connection with a motion or complaint of one party, the court shall also hear the opinion of the other party.

Decision of the Constitutional Court of Georgia No. 3/2/1478 of 28 December 2021 – website, 30.12.2021.

Article 26. Court request🔗

1. If it is impossible to conduct any procedural action at the place of consideration of the criminal case, the court has the right to send a commission to another court of the same or a lower instance to conduct this action.

2. The procedure for sending a court request to a court or investigative body of a foreign state is determined by a contract on legal assistance concluded between Georgia and that state.

Article 27. Composition of the jury court🔗

1. The jury court consists of 12 jurors and 2 alternate jurors, except in the cases provided for by this Code.

2. The composition of the jury court shall not include fewer than six jurors in cases of crimes of a less serious category, fewer than eight – in cases of crimes of a serious category, fewer than ten – in cases of crimes of an especially serious category.

Article 28. Social guarantees of a juror (candidate for jury service)🔗

1. A juror and a candidate for jury service have the right to receive in a timely manner from the State reimbursement of all expenses directly related to the performance of their duties. The amount of reimbursement of daily, travel and other direct expenses shall be determined by the High Council of Justice of Georgia. The court, with the consent of the jurors, shall ensure their transportation by transport specially allocated to them from their place of residence or temporary accommodation to the relevant court and back.

2. An employed person shall retain their job and remuneration while participating in court proceedings as a juror.

3. (Removed - 28.06.2021, No. 707).

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 28 October 2011 No. 5170 - website, 11.11.2011

Law of Georgia of 24 June 2016 No. 5591 - website, 13.07.2016

Law of Georgia of 28 June 2021 No. 707 – website, 29.06.2021

Article 29. Requirements for a juror🔗

A person is entitled to participate in court proceedings as a juror if:

a) they are registered in the database of the Civil Registry of Georgia as a person over 18 years of age;

b) they know the language of the criminal proceedings;

c) they live in Eastern or Western Georgia − according to the part of Georgia in which the district (city) court where the jury trial is held is located;

d) they do not have such a restriction of capacity as would prevent them from performing the duties of a juror.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 24 June 2016 No. 5591 - website, 13.07.2016

Law of Georgia of 14 July 2020 No. 6842 – website, 28.07.2020

Article 30. Incompatibility🔗

A person cannot participate in criminal proceedings as a juror if there is any ground for recusal of a juror established by this Code and/or he/she is:

a) a state-political official;

b) a prosecutor;

c) an investigator;

d) a police officer;

d¹) a servant of the system of the State Security Service of Georgia;

e) an attorney;

f) an active military servicemember;

g) a cleric;

h) a participant of the criminal proceedings in the given case;

i) the accused;

j) a person who has been subjected to an administrative penalty for consumption of a small amount of a narcotic substance, and less than 1 year has passed since the imposition of this administrative penalty;

k) a person with a prior conviction.

Law of Georgia of 24 June 2016 No. 5591 - website, 13.07.2016.

Law of Georgia of 2 July 2020 No. 6735 – website, 07.07.2020.

Article 31. Refusal to Perform the Duty of a Juror🔗

1. A person has the right to refuse to perform the duty of a juror:

a) if during the last year he/she has already been a juror;

b) if he/she performs work related to the protection of human life, health or civil safety, and his/her replacement at a specific period and situation is impossible or will cause significant harm, which is confirmed by a combination of mutually compatible and convincing information. This rule may be extended to a person performing other work of special importance only in exceptional cases;

c) due to health condition;

d) if he/she is staying or travelling outside the borders of Georgia for a long time;

e) if he/she is over 70 years of age.

2. The court is obliged to individually take into account the legitimate interests of the juror. The court is released from this obligation if the good protected by satisfying the legitimate interests of the juror is less than the harm caused to the administration of justice or to a third person. In such a case, the person shall not be released from performing the duty of a juror.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 28 June 2021 No. 707 – website, 29.06.2021.

Article 32. Prosecution Service🔗

The prosecution service is a body of criminal prosecution. To ensure the performance of this function, the prosecution service exercises procedural guidance of investigation. In the cases provided for by this Code and in accordance with the established procedure, the prosecution service conducts the investigation of a crime in full scope, and supports the state prosecution in court.

Article 33. Prosecutor🔗

1. A prosecutor exercises his/her powers in the name of the State. In court, the prosecutor is the state prosecutor. He/she bears the burden of proving the charge.

2. When exercising his/her powers in court, a prosecutor is independent and is subject only to the law.

3. A superior prosecutor is entitled to annul an unlawful and/or unfounded decision taken by a subordinate prosecutor, to amend it or to replace it with a new decision.

4. A prosecutor is obliged to participate in a court hearing.

5. During an investigation on the basis of this Code, the execution of a prosecutor's resolution is mandatory.

6. A prosecutor is entitled to:

a) in compliance with the requirements of investigative jurisdiction, assign the investigation of a criminal case to one or another law enforcement body or to an investigator; withdraw a case from one investigator and transfer it to another. The Prosecutor General of Georgia or a person authorised by him/her has the right, notwithstanding investigative jurisdiction, to remove a case from one investigative body and transfer it for investigation to another investigative body; to remove a subordinate prosecutor from the procedural management of the investigation and assign his/her functions to another prosecutor;

b) participate in the conduct of an investigative action or personally conduct a preliminary investigation in full scope;

c) during an investigation, give a binding instruction to an employee of a law enforcement body and/or to a subordinate prosecutor;

d) request individual materials of a criminal case or the criminal case in its entirety;

e) apply to the court by motion in order to obtain a court ruling on the application, modification or annulment of a preventive measure against the accused, on the conduct of an investigative action and/or an operative-search measure restricting human rights, as well as in other cases provided for by this Code;

e¹) restrict, in accordance with the procedure established by this Code, the right of an accused placed in a penitentiary institution to a short visit and/or a long visit, correspondence and/or telephone conversation;

f) annul a resolution of an investigator or of a subordinate prosecutor;

g) terminate criminal prosecution and/or investigation or suspend criminal prosecution;

h) decide a complaint concerning an action and/or a resolution of an investigator, and, in the event of its being appealed to court, provide the court with the necessary explanations;

i) modify the charge;

j) conclude a procedural agreement with the accused and submit to the court a motion for the court to deliver a judgment in respect of the accused without substantive examination of the criminal case;

k) submit evidence to the court and participate in the consideration of the question of its admissibility;

l) apply to the court by motion for the production of evidence from private persons in the course of an investigation;

m) request and receive without hindrance a document or other material evidence from state bodies;

n) issue a resolution on the search for the accused (convicted person);

o) recognise a person as a victim and explain to him/her his/her rights and obligations;

p) exercise other powers provided for by this Code.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 30 November 2018 No. 3814 – website, 13.12.2018

Law of Georgia of 15 December 2023 No. 4031 – website, 26.12.2023

Article 34. Investigative bodies🔗

1. Investigation of criminal cases shall be conducted by investigators of the investigative units of the system of the Ministry of Justice of Georgia, the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the Ministry of Finance of Georgia, the State Security Service of Georgia and the Prosecutor's Office of Georgia.

2. Regardless of departmental affiliation, all investigators shall have equal rights and obligations, and all investigative actions conducted by them in accordance with the procedure established by this Code shall have equal legal force.

3. An investigator who does not directly investigate a criminal case shall be entitled, on the instruction of a prosecutor, to conduct all investigative actions provided for by this Code in connection with the said case.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 11 March 2011 No. 4424 – website, 17.03.2011

Law of Georgia of 3 June 2011 No. 4731 – website, 22.06.2011

Law of Georgia of 13 December 2013 No. 1797 – website, 28.12.2013

Law of Georgia of 8 July 2015 No. 3955 – website, 15.07.2015

Law of Georgia of 5 July 2018 No. 3126 – website, 11.07.2018

Law of Georgia of 21 July 2018 No. 3276 – website, 09.08.2018

Law of Georgia of 8 May 2019 No. 4604 – website, 08.05.2019

Law of Georgia of 30 December 2021 No. 1314 – website, 13.01.2022

Law of Georgia of 24 June 2025 No. 697 – website, 25.06.2025

Article 35. Investigative jurisdiction🔗

Investigative jurisdiction shall be determined by the Prosecutor General of Georgia, unless otherwise provided by law.

Law of Georgia of 30 May 2013 No. 662 – website, 24.06.2013

Law of Georgia of 21 July 2018 No. 3276 – website, 09.08.2018

Law of Georgia of 30 November 2018 No. 3823 – website, 13.12.2018

Article 36. Territorial investigative jurisdiction🔗

Territorial investigative jurisdiction shall be determined by the Prosecutor General of Georgia, unless otherwise provided by law.

Law of Georgia of 30 May 2013 No. 662 – website, 24.06.2013

Law of Georgia of 21 July 2018 No. 3276 – website, 09.08.2018

Law of Georgia of 30 November 2018 No. 3823 – website, 13.12.2018

Article 37. Investigator🔗

1. An investigator is a state servant or a civil servant who is authorised, within the scope of his/her competence, to conduct an investigation of a criminal case. A prosecutor who directly conducts an investigation shall enjoy the status of an investigator.

2. An investigator shall be obliged to conduct an investigation comprehensively, fully and objectively.

3. An investigator shall be obliged, in connection with the investigation of a criminal case, to comply with an instruction of a prosecutor. If an investigator does not agree with an instruction of a prosecutor, he/she shall have the right to submit the case and his/her opinions in writing to a superior prosecutor. A superior prosecutor may revoke an instruction of a subordinate prosecutor or assign the investigation to another investigator. The decision of the superior prosecutor on this matter shall be final.

4. An investigator shall be obliged to comply with a ruling of a court.

5. The execution of a resolution issued by an investigator in accordance with this Code shall be mandatory.

6. If there are grounds established by law, an investigator shall be authorised to:

a) conduct all investigative and other procedural actions provided for by this Code, except for an action the conduct of which falls within the competence of a prosecutor;

b) give a written instruction to the relevant body regarding bringing detained and arrested persons to the place of investigation;

b¹) restrict, in the manner established by this Code, the right of an accused placed in a penitentiary institution to a short visit and/or a long visit, correspondence and/or telephone conversation;

c) request the conduct of an investigative action, an audit, an inventory, an inspection and the submission of a document;

c¹) submit to an electronic communications company provided for by the Law of Georgia “On Electronic Communications” that provides and/or renders services through mobile communication networks and means a request regarding the recording of the fact of activation of mobile communication equipment appropriated as a result of the possible commission of a crime and immediate notification of the fact of its activation, and, in addition, where necessary, submit to the electronic communications company provided for by this subparagraph a request regarding the restriction (blocking) of the functioning of mobile communication equipment appropriated as a result of the possible commission of a crime and immediate notification of its restriction (blocking);

d) summon an interpreter, an expert, a person to be identified;

e) in the event of an appeal against his/her action and decision, immediately send the complaint and the materials of the criminal case to the prosecutor directing the proceedings or to the court;

f) apply to the prosecutor directing the proceedings with a request to give an investigative assignment to another investigator;

f¹) for the purpose of reopening a criminal case, apply in writing to the relevant body or institution with a request for the transfer of the necessary materials and/or information, and also conduct procedural actions in full;

g) exercise other powers provided for by this Code.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 7 December 2010 No. 3891 - LHG I, No. 67, 09.12.2010, Art. 418

Law of Georgia of 27 October 2015 No. 4378 - website, 11.11.2015

Law of Georgia of 21 December 2016 No. 164 - website, 28.12.2016

Law of Georgia of 24 May 2022 No. 1575 – website, 06.06.2022

Law of Georgia of 15 December 2023 No. 4031 - website, 26.12.2023

Article 38. Rights and obligations of the accused🔗

1. At the moment of detention or, if detention does not take place, immediately upon being declared an accused, as well as before any interrogation, the accused shall be informed, in a language understandable to him, of the commission of which crime provided for by the Criminal Code of Georgia there is reasonable suspicion against him. The accused shall be given a copy of the detention report or, if he has not been detained, a copy of the resolution on the charge.

2. At the moment of detention or, if detention does not take place, immediately upon being declared an accused, as well as before any interrogation, the accused shall be informed that he has the right to defence counsel, the right to silence and to refrain from answering questions, the right not to plead guilty, that everything he says may be used against him, and the right, upon arrest, and upon detention – at his request, immediately upon being brought to the relevant institution, to receive a free medical examination.

3. If the accused evades appearance before a law enforcement body, a copy of the resolution on the charge shall be given to his defence counsel, which shall be considered as bringing a charge.

4. The accused may exercise the right to silence at any time. If the accused chooses the right to silence, this may not be assessed as evidence confirming his guilt.

5. The accused has the right to choose and have defence counsel, as well as to replace the defence counsel chosen by him at any time, and if he is indigent – the right to be appointed defence counsel at the expense of the State. The accused shall have reasonable time and facilities for the preparation of the defence. The relationship between the accused and his defence counsel is confidential. It is prohibited to impose such restrictions on the relationship between the accused and his defence counsel as would prevent the proper conduct of the defence.

6. The accused has the right to refuse the services of defence counsel and to defend himself independently, for which he shall be given sufficient time and facilities. The accused may not refuse the services of defence counsel if there is a case of mandatory defence established by this Code.

7. The accused has the right: to conduct an investigation independently or through defence counsel, to lawfully obtain and present evidence in accordance with the procedure established by this Code; to request the conduct of an investigative action and to request evidence necessary to refute the charge or mitigate liability; to participate in an investigative action conducted upon his and/or his defence counsel's motion; to request the attendance of defence counsel during an investigative action conducted with his participation.

8. The accused has the right, during interrogation and other investigative actions, to use the services of an interpreter at the expense of the State, if he does not know or does not have adequate knowledge of the language of the criminal proceedings, or has such a limitation of ability as excludes communication with him without sign language.

9. The accused has the right, immediately upon detention or, in the event of arrest, to request a free medical examination and to receive the corresponding written conclusion. This right of the accused shall be exercised immediately. He also has the right, in accordance with the procedure established by the legislation of Georgia, at any time, at his own expense, to immediately undergo a medical examination by an expert chosen by him.

10. The accused has the right, immediately upon detention or, in the event of arrest, to notify a member of his family or a close relative of the fact and place of detention or arrest, of his condition, as well as to notify a creditor or another natural or legal person to whom he has legal obligations.

11. The accused has the right, under the civil/administrative proceedings, to request and receive compensation for the damage caused as a result of an unlawfully conducted procedural action.

12. Imprisonment shall not be imposed on the accused as a measure of restraint, except where there is a risk of his absconding, further criminal activity, influencing a witness, destroying evidence or non-execution of a judgment.

13. The accused and his lawyer have the right, within the limits established by this Code and in accordance with the established procedure, to review the evidence of the prosecution, to receive copies of the evidence and of the materials of the criminal case.

14. The accused has the right: to participate in the investigation of his case, as well as directly or remotely, using technical means − in the court hearing; to file a motion and to request recusal; to examine the evidence of the defence under the same conditions as the examination of the evidence of the prosecution is conducted; to review a complaint filed by a party and to express an opinion thereon; to review the record of the court hearing and to submit comments thereon.

15. The accused has the right, in the cases provided for by this Code and in accordance with the established procedure, to appeal the action of the investigator to the prosecutor, the action and decision of the prosecutor – to a superior prosecutor, and in the cases provided for by this Code – to a court. The accused/convicted person has the right to appeal a court decision and to receive a copy of the decision subject to appeal.

16. The list given in this Article does not restrict the right of the accused to exercise all other rights conferred on him by the legislation of Georgia, including international treaties.

17. The accused is entitled not to participate in an investigative action.

18. The exercise or non-exercise by the accused of his rights may not be assessed as evidence confirming his guilt.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 7 December 2010 No. 3891 - LHG I, No. 67, 09.12.2010, Art. 418

Law of Georgia of 5 June 2012 No. 6392 - website, 19.06.2012

Law of Georgia of 14 July 2020 No. 6842 – website, 28.07.2020

Article 39. Right of the accused to obtain evidence🔗

1. The accused has the right, at his/her own expense, to obtain evidence himself/herself and/or with the assistance of a lawyer. Evidence obtained by the accused has equal legal force to evidence obtained by the prosecution.

2. If obtaining evidence requires the conduct of such investigative or other procedural action which the accused or his/her lawyer cannot conduct independently, he/she is entitled to apply by motion for the issuance of a relevant ruling to the judge at the place of investigation. The judge shall take all measures so that the obtaining of evidence by the defence does not become known to the prosecution.

Article 40. Restriction of the accused's right to attend🔗

1. The judge has the right to refuse the accused's attendance during the questioning of a witness, if one of the special measures of witness protection is applied.

2. The accused shall be notified in a timely manner of the time and place of the investigative action to be conducted upon his/her and/or his/her lawyer's motion. The accused does not have the right to request its postponement for a disrespectful reason. If the accused is detained and has a lawyer, such investigative action shall be attended by his/her lawyer, except where the direct participation of the accused in this investigative action is necessary. If the accused and/or his/her lawyer is not notified within a reasonable time of the time and place of the investigative action, such investigative action shall not be conducted, and evidence obtained as a result of the conducted investigative action shall be declared inadmissible.

3. If the lawyer does not participate in the scheduled investigative action for a valid reason, the prosecutor shall postpone the conduct of the investigative action in which the lawyer was to participate once for a reasonable period, but not more than 5 days. Upon expiry of this period, the prosecutor conducts the investigative action without the participation of the lawyer, unless there is a case of mandatory defence established by this Code. The non-appearance of the lawyer does not cause the postponement of an urgent investigative action.

Article 41. Engagement of a lawyer by the accused🔗

The lawyer is chosen and engaged by the accused or, taking into account the will of the accused, by his/her close relative or another person. The investigator, prosecutor, judge shall not have the right to recommend any lawyer. The accused (his/her close relative, another person) and the lawyer regulate their relations on the basis of an agreement.

Article 42. Inadmissibility of postponement of court hearing upon motion of the accused or convicted person🔗

1. Postponement of a court hearing on the ground of replacement of a lawyer is inadmissible if it aims at prolonging the court hearing and hindering it.

2. In the event of a prolonged impossibility for a lawyer to perform the duty of defence, postponement of a court hearing is inadmissible if it causes the court hearing to be prolonged and hindered.

3. If the lawyer of the accused or convicted person fails to appear in court without a valid reason, which, in the court's assessment, delays the consideration of the case, the court is entitled to appoint a lawyer to the accused or convicted person on a mandatory basis, which does not restrict the right of the accused or convicted person to invite a lawyer of his/her own choice. Upon the appearance in court of the lawyer invited by the will of the accused or convicted person, upon the request of the accused or convicted person, the lawyer appointed on a mandatory basis shall withdraw from the consideration of the case.

4. If the lawyer of the accused or convicted person fails to appear in court for a valid reason, the court shall postpone the hearing for not more than 10 days. If after the expiry of this term the lawyer again fails to appear in court, the rule established by paragraph 3 of this Article shall apply.

5. A court judgment provided for by this Article shall be reasoned.

Law of Georgia of 14 June 2013 No. 741 – website, 27 June 2013.

Article 43. Confidentiality of communication between the accused and his/her lawyer🔗

1. The communication of the accused with his/her lawyer is confidential and free.

2. Also confidential is the communication of a person with his/her potential lawyer before the person is recognized as an accused.

3. The communication of a detained or imprisoned accused with his/her lawyer may be restricted only by visual surveillance.

Article 44. Legal status of defence counsel of the accused🔗

1. In order to reveal the circumstances that justify the accused and/or mitigate his liability, defence counsel shall use all lawful means and methods of defence. Defence counsel shall not be entitled to act contrary to the instructions and interests of the accused. Defence counsel shall also not be entitled, contrary to the will of the accused, to file a complaint or to waive it in the parts concerning the charge and the sentence, except where the accused has such a limitation of capacity as makes it impossible to obtain his consent.

2. In order to be admitted to participate in a criminal case, defence counsel shall present an order and his certificate.

3. Defence counsel shall be entitled, within the scope and in the manner established by this Code, to review the evidence of the prosecution, to receive copies of the evidence and materials of the criminal case, including copies of interrogation records, as well as to enjoy all the rights of the accused and other rights of the defence provided for by this Code. Defence counsel may not enjoy those rights which, by the very nature of those rights, may be enjoyed only by the accused.

4. Defence counsel shall be obliged to appear in a timely manner at the place of conducting the procedural action and in court.

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013.

Law of Georgia of 12 June 2015 No. 3715 – website, 24.06.2015.

Law of Georgia of 14 July 2020 No. 6842 – website, 28.07.2020.

Article 45. Mandatory defence🔗

The accused shall be required to have defence counsel:

a) if he/she is a minor;

b) if he/she does not know the language of the criminal proceedings;

c) if he/she has such a limitation of capacity as prevents him/her from exercising his/her own defence;

d) if a ruling (resolution) has been issued on ordering a forensic psychiatric examination;

e) if the act committed entails, under the Criminal Code of Georgia, liability in the form of life imprisonment;

f) if negotiations are being conducted with him/her on concluding a plea agreement;

g) if the criminal case is being heard by a jury court;

h) if he/she evades appearance before a law enforcement body;

i) if he/she has been removed from the courtroom;

j) if he/she is an unidentified person;

j¹) if the issue of his/her extradition to a foreign state is being considered using the simplified procedure;

k) in a case directly provided for by this Code.

Law of Georgia of 20 July 2018 No. 3157 – website, 06.08.2018.

Law of Georgia of 14 July 2020 No. 6842 – website, 28.07.2020.

Article 46. Defence at State Expense🔗

1. The State shall bear defence costs if:

a) an insolvent accused requests the appointment of a lawyer;

b) there exists a case of mandatory defence established by this Code and a lawyer retained by the accused (defence by agreement) does not participate in the criminal case.

2. In the case provided for by paragraph 1 of this Article, the prosecution party or the judge shall be obliged to immediately apply to the relevant legal aid service with a request to appoint a lawyer at the State's expense.

3. In the case provided for by paragraph 1 of this Article, the accused has the right to apply to the relevant legal aid service with a request to appoint a lawyer.

4. In the case of defence at the State's expense, the State shall also bear other expenses necessary for the defence, in accordance with the procedure established by the legislation of Georgia, if these expenses are directly related to the exercise by the accused of his/her own defence.

5. The procedure for selecting and appointing a lawyer at the State's expense shall be determined by the Law of Georgia "On Legal Aid".

Law of Georgia of 22 June 2012 No. 6549 – website, 04.07.2012.

Article 47. Witness🔗

When giving testimony in court, the investigator, the prosecutor, the accused, the victim, the expert and the interpreter shall also enjoy the status of a witness, be vested with his/her rights and bear his/her duties.

Article 48. Taking of an oath by a witness🔗

1. In court, a witness takes an oath of religious or non-religious significance.

2. Before the taking of the oath, the court shall explain to the witness the significance of the oath and clarify the criminal liability provided for by Articles 370 and 371 of the Criminal Code of Georgia.

3. When taking an oath of religious significance, the judge addresses the witness:

"Swear before the almighty and omniscient God that you will with full awareness tell only the truth and conceal nothing."

The witness shall answer:

"I swear. May God be my protector!"

4. When taking an oath of non-religious significance, the judge addresses the witness:

"Swear that you will with full awareness tell only the truth and conceal nothing."

The witness shall answer:

"I swear!"

5. If a witness declares that he/she refuses to take an oath due to his/her belief or other opinions, then he/she must give testimony by making an affirmation replacing the oath. The judge addresses the witness:

"With full awareness of responsibility before the court, do you confirm that you will tell only the truth and conceal nothing?"

The witness shall answer:

"Yes, I confirm!"

6. The fact of the taking of an oath by a witness or the making of an affirmation replacing the oath shall be confirmed by his/her signature on the text of the oath or affirmation.

7. An oath taken by an accused before giving testimony as a witness does not infringe his/her right not to give incriminating testimony against himself/herself or a close relative. Refusal to give testimony may not be assessed as evidence confirming the guilt of the accused.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 18 December 2015 No. 4677 - website, 29.12.2015

Article 49. Rights and duties of a witness🔗

1. A witness has the right:

a) to know in what case he/she has been summoned;

b) if he/she does not know or does not have adequate knowledge of the language of the criminal proceedings or has such a limitation of ability that excludes communication with him/her without sign language, to give testimony in his/her native language or another language desirable for him/her and to benefit from the services of an interpreter at the expense of the State;

c) to review the record of the investigative action conducted with his/her participation, to request the entering of remarks, additions and changes therein;

d) not to give testimony that incriminates him/her or his/her close relative in the commission of a crime;

e) to participate in the conduct of an investigative action;

f) to request the application of a special measure of protection.

2. A witness is obliged:

a) to appear upon summons by the court;

b) to answer the questions posed;

c) not to disclose circumstances known to him/her in connection with the case, if the court has warned him/her thereof;

d) to observe order during the court hearing of the case;

e) not to leave the courtroom without the permission of the presiding judge.

3. A witness may be brought to court by compulsion in the manner established by this Code.

Law of Georgia of 14 July 2020 No. 6842 – website, 28.07.2020

Article 50. Person who is not obliged to be a witness🔗

1. The obligation to be interrogated as a witness and to hand over an object, document, substance or other item containing information relevant to the case shall not be imposed on:

a) a lawyer – regarding circumstances that became known to him/her in connection with the performance of a lawyer's duty in this case;

b) a lawyer who provided legal assistance to a person before receiving defence – regarding circumstances that became known to him/her in connection with the provision of legal assistance;

c) a cleric – regarding circumstances that became known to him/her as a result of confession or other entrustment;

d) a close relative of the accused;

e) the Public Defender or a person authorized by him/her – on account of a fact entrusted to him/her as the Public Defender;

e¹) (removed - 17.12.2025, No. 1300);

f) a member of the Parliament of Georgia – on account of a fact entrusted to him/her as a member of a representative body;

g) a judge – regarding circumstances that constitute the secrecy of the court's deliberation;

g¹) a participant of mediation − in relation to confidential information that became known to him/her in the course of mediation or essentially derives from the mediation process, except for the case provided for by the Law of Georgia "On Mediation", when the disclosure of confidential information is necessary for the purpose of investigating a particularly grave crime;

h) a journalist – in relation to information obtained in the course of professional activity;

i) a victim of human trafficking (trafficking) – for the reflection period;

j) a member of the special preventive group established under the Public Defender of Georgia – on account of a fact entrusted to him/her in the performance of the functions of the national preventive mechanism, if he/she does not agree to give testimony;

k) a member of the Supreme Council of the Autonomous Republic – on account of a fact entrusted to him/her as a member of a representative body.

2. (removed - 21.02.2024, No. 4046).

3. The court has the right to release from the performance of the duty of a witness:

a) a medical worker, if he/she is professionally obliged to preserve medical secrecy;

b) a notary, a public servant, a state servant, a military servant and a person equated thereto, if they are under an obligation not to disclose the source and content of the information received;

c) a person who is employed on the condition that he/she will not disclose a commercial or banking secret;

d) a participant of a counter-terrorist and/or special operation (in connection with his/her professional duty), whose activity is classified and the documents, materials and other data reflecting this activity are classified as state secrets.

4. By a person provided for by subparagraph „i“ of the first paragraph of this Article − during the reflection period, by persons provided for by subparagraph „h“ of the same paragraph and by subparagraphs „a“−„c“ of the third paragraph of this Article – in the event that, under the legislation of Georgia, they are charged, in the course of carrying out their activities, with the obligation to protect confidentiality and at the same time have information on the commission of a crime provided for by subparagraph „c“ of the fourth paragraph of Article 137, subparagraphs „b“ and „c“ of the third paragraph or subparagraph „a“ of the fourth paragraph of Article 138, the second paragraph of Article 139, Article 140 or 141, the fifth paragraph of Article 253, the fourth or fifth paragraph of Article 254, the third, fourth, fifth, sixth or seventh paragraph of Article 255 or Article 255¹ or 255² of the Criminal Code of Georgia against a minor, at their wish, the provision of information or the giving of testimony as a witness during questioning shall not be considered a violation of the above obligation.

5. In a criminal case concerning domestic violence provided for by Article 126¹ of the Criminal Code of Georgia or a domestic crime provided for by Article 111 of the same Code, before a close relative of the accused who has suffered moral, physical or property damage directly as a result of this crime enjoys the right defined by the first paragraph of this Article, the person conducting the interrogation shall offer them to undergo consultation with the witness and victim coordinator and to enjoy a 3-day reflection period before taking the relevant decision.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 11 December 2013 No. 1729 - website, 25.12.2013

Law of Georgia of 27 October 2015 No. 4378 - website, 11.11.2015

Law of Georgia of 18 December 2015 No. 4677 - website, 29.12.2015

Law of Georgia of 13 April 2016 No. 4924 - website, 26.04.2016

Law of Georgia of 21 December 2016 No. 164 - website, 28.12.2016

Law of Georgia of 17 May 2018 No. 2355 – website, 29.05.2018

Law of Georgia of 21 July 2018 No. 3276 – website, 09.08.2018

Law of Georgia of 8 May 2019 No. 4604 - website, 08.05.2019

Law of Georgia of 18 September 2019 No. 4961 – website, 27.09.2019

Law of Georgia of 20 September 2019 No. 5026 – website, 01.10.2019

Law of Georgia of 13 July 2020 No. 6755 – website, 20.07.2020

Law of Georgia of 14 July 2020 No. 6842 – website, 28.07.2020

Law of Georgia of 30 December 2021 No. 1314 – website, 13.01.2022

Law of Georgia of 21 February 2024 No. 4046 – website, 07.03.2024

Law of Georgia of 17 December 2025 No. 1300 – website, 23.12.2025

Article 50¹. Person who bears the obligation to pay compensation to the victim🔗

The person provided for by subparagraph „b“ of paragraph 1 of Article 165⁴ of this Code, who bears the obligation to pay compensation to the victim from the property provided for by the same subparagraph, shall have the right to:

a) have a lawyer;

b) review and receive the materials of the criminal case related to the obligation to pay compensation to the victim;

c) submit to the prosecution evidence related to the obligation to pay compensation to the victim and, by motion, request its attachment to the criminal case;

d) participate in court, together with a lawyer, in the examination of evidence related to the obligation to pay compensation to the victim, including, together with a lawyer, put questions to a witness to be questioned on this matter;

e) give testimony to the court regarding the obligation to pay compensation to the victim. In this case, the said person has the rights of a witness and bears his/her duties;

f) upon request, receive a copy of the guilty verdict rendered against the convicted person provided for by Chapter XVII¹ of this Code;

g) appeal, under the appellate and cassation rules, the judgment rendered by the court against the convicted person provided for by Chapter XVII¹ of this Code, in the part concerning the imposition of the obligation to pay compensation to the victim.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Article 51. Expert🔗

1. An expert shall be vested with all the rights of a witness and shall bear all his/her duties.

2. An expert shall be impartial, regardless of who invited him/her.

3. It shall be inadmissible to conduct an expert examination regarding the credibility of a witness.

Article 52. Rights and obligations of an expert🔗

1. An expert shall have the right to:

a) review the material necessary for the expert research, extract the necessary information and make a copy thereof;

b) request the submission of additional material; in the course of the examination, take test samples of a cartridge case, a bullet and another object; demand from the initiator of the expert examination the additional information necessary for the expert research;

c) refuse to give an opinion and to continue the expert examination, if the questions posed go beyond the scope of his knowledge or if the material submitted to him is insufficient for giving an opinion;

d) with the permission of the initiator of the expert examination, the investigator, the prosecutor or the court, attend the conduct of an investigative action;

e) participate in the examination of evidence related to the subject of the expert examination and to the expert research;

f) use scientific-technical means, special knowledge and experience for the discovery, examination and demonstration of evidence.

2. An expert shall be obliged to:

a) if the expert research establishes a circumstance in respect of which the initiator of the expert examination and/or another authorised participant of the proceedings has not posed a question, reflect it in the opinion;

b) preserve and, after the expert research, return to the initiator of the expert examination the object of research, if in the course of the expert research this object was not fully consumed;

c) if there exists a ground established by law, declare self-recusal.

Article 53. Interpreter🔗

1. An interpreter shall be summoned when:

a) a participant of the proceedings does not know or does not adequately know the language of the criminal proceedings;

b) it is necessary to translate a text into the language of the criminal proceedings;

c) a participant of the proceedings has such a limitation of ability as excludes communication with him without sign language.

2. A note on the summoning of an interpreter shall be made in the relevant record.

3. (Removed - 14.07.2020, No. 6842).

4. Another participant of the proceedings shall not have the right to perform the duties of an interpreter.

Law of Georgia of 22 June 2012 No. 6549 – website, 04.07.2012.

Law of Georgia of 14 July 2020 No. 6842 – website, 28.07.2020.

Article 54. Rights and obligations of an interpreter🔗

1. An interpreter shall have the right to:

a) put questions to the participants of the proceedings in order to clarify the translation;

b) review the record of the investigative action conducted with his participation and the record of the court hearing;

c) express a remark, which shall be entered in the record;

d) refuse to translate, if he does not possess the knowledge necessary for this.

2. An interpreter shall be obliged to:

a) appear upon the summons of the investigator, the prosecutor or the court;

b) translate testimony and a document accurately and fully;

c) confirm by signature the accuracy of the translation in the record of the investigative action conducted with his participation and in another procedural document;

d) not disclose, without the permission of the investigator or the prosecutor, the materials of the investigation, as well as information containing the personal life of citizens.

Article 55. Friend of the Court (Amicus Curiae)🔗

1. An interested person who is not a party to the criminal case under consideration shall have the right, not less than 5 days before the substantive examination of the case, to submit to the court their own written opinion relating to this case.

2. The purpose of submitting a written opinion shall not be support of any participant of the proceedings, but it shall assist the court in properly assessing the issue under consideration. If the court considers that the written opinion is not drafted in compliance with the requirements of this Article, it shall not consider it.

3. The court is not obliged to share the arguments presented in the written opinion.

4. The written opinion shall not exceed 30 pages in volume. It shall be drawn up in 3 copies, of which 2 shall be given to the parties, and 1 shall remain with the judge.

5. The court is entitled, on its own initiative and/or with the prior consent of the party and the author of the written opinion, to summon the author of the written opinion to the substantive examination of the case in order to give an oral explanation.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Article 56. Recognition of a person as a victim🔗

1. A victim shall be vested with all the rights of a witness and shall bear all his/her duties.

2. In criminal proceedings, a victim legal entity participates through a person vested with representative authority, who shall be vested with all the rights of a victim and shall bear all his/her duties.

3. In the case of a crime that resulted in the death of the victim, the rights of the victim shall be vested in and his/her duties shall be borne by any one of his/her close relatives ("successor of the victim's rights"). The investigator, the prosecutor and the judge shall not have the right to refuse the successor of the victim's rights the enjoyment of any right vested in the victim. In the event of a dispute between close relatives of the same degree, the successor of the victim's rights shall be determined by drawing lots.

4. In the case of preparation of or an attempt at a crime, the victim is the state, a natural or legal person to which damage could have been caused.

5. Where there are proper grounds for recognizing a person as a victim or as his/her successor of rights, the prosecutor shall issue a resolution on his/her own initiative or in the case of an application by the said person with a corresponding statement. If the prosecutor has not granted the application within 48 hours after its submission, the said person shall have the right to apply once to a superior prosecutor with a request to recognize him/her as a victim or as his/her successor of rights. If the superior prosecutor has not granted the complaint, the said person shall have the right to appeal the prosecutor's decision to the district (city) court at the place of investigation.

5¹. The prosecutor or, on his/her instruction, the investigator shall present to the victim the resolution on recognizing the person as a victim and shall explain to him/her all the rights provided for by this Code and the procedures related to their exercise, of which he/she shall draw up a record. This record shall be signed by the victim and the person drawing up the record. The victim shall have the right to make a remark on the record. If the victim refuses to sign the record, the reason for refusing to sign shall be noted in the record.

6. If, after issuing the resolution on recognizing a person as a victim, it becomes clear that there are no grounds for this, the prosecutor shall take a decision on annulling this resolution, of which the victim shall be notified in writing. The victim shall have the right to appeal once to a superior prosecutor the prosecutor's decision on annulling the resolution on recognizing a person as a victim. If the superior prosecutor does not grant the complaint, the victim shall have the right to appeal the prosecutor's decision to the district (city) court at the place of investigation.

7. The judge shall, within 15 days, issue a ruling on the matters provided for by paragraphs 5 and 6 of this Article, with or without an oral hearing. The decision taken by the judge shall not be subject to appeal.

Law of Georgia of 24 July 2014 No. 2518 – website, 06.08.2014.

Law of Georgia of 21 July 2018 No. 3276 – website, 09.08.2018.

Decision of the Constitutional Court of Georgia of 14 December 2018 No. 2/12/1229,1242.1247,1299 – website, 20.12.2018.

Law of Georgia of 8 May 2019 No. 4604 – website, 08.05.2019.

Law of Georgia of 20 September 2019 No. 5026 – website, 01.10.2019.

Article 57. Rights of the victim🔗

1. The victim has the right to:

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

b) receive information about the procedural actions provided for by Article 58 of this Code;

c) during the substantive examination of the case in court, during the consideration of a motion for the court to deliver a judgment without substantive examination of the case, and at the court hearing on the imposition of a sentence, give testimony about the damage caused to him/her as a result of the crime, or submit the said information to the court in writing;

c¹) receive victim's compensation in accordance with the procedure established by this Code;

d) receive free of charge a copy of the resolution/ruling on the termination of the investigation and/or criminal prosecution, the judgment, or another summary court decision;

e) receive reimbursement of expenses incurred as a result of participation in the proceedings;

f) recover property belonging to him/her that was temporarily seized for the needs of the case during the investigation and court proceedings;

g) request the application of a special protection measure if the life, health and/or property of both him/her and his/her close relative or family member is threatened;

h) receive information about the progress of the investigation and review the materials of the criminal case, if this does not contradict the interests of the investigation;

(The normative content of subparagraph “h” of paragraph 1 of Article 57, which blankly excludes the possibility of the victim to receive information about the progress of the investigation and to review the materials of the criminal case in the form of a copy, was declared invalid) – Decision of the Constitutional Court of Georgia of 18 December 2020 No. 1/3/1312 – website, 22.12.2020.

i) upon request, receive information about the preventive measure applied against the accused and about the accused/convicted person leaving the penitentiary institution, if this does not pose a real threat to the accused/convicted person;

j) review the materials of the criminal case no later than 10 days before the pre-trial hearing;

k) apply to the prosecution side with a request to file a motion for a partially or fully closed court hearing for the purpose provided for by paragraph 3 of Article 182 of this Code;

l) receive an explanation of his/her rights and obligations;

m) enjoy other rights provided for by this Code.

1¹. At any stage of criminal proceedings, a destitute person affected as a result of a family crime provided for by Article 111 of the Criminal Code of Georgia and/or domestic violence provided for by Article 126¹ shall enjoy the right to free legal aid, unless a lawyer retained by him/her (defence by agreement) participates in the case, while a person affected as a result of a family crime provided for by Article 111 of the Criminal Code of Georgia and/or domestic violence provided for by Article 126¹ who is not considered destitute shall enjoy free legal aid where the grounds defined by the Law of Georgia “On Legal Aid” exist, in the manner established by the same Law.

2. Upon satisfaction of a request for receiving the information provided for by subparagraph “h” of paragraph 1 of this Article and for reviewing the materials, the prosecutor/investigator shall draw up a record in the manner established by paragraph 5¹ of Article 56 of this Code. If the satisfaction of the request contradicts the interests of the investigation, the prosecutor/investigator shall, immediately upon elimination of the ground for refusal to satisfy it, notify the victim thereof and, accordingly, provide information on the progress of the investigation and make the materials of the criminal case available for review.

3. In the event of refusal of the request indicated in this Article, the prosecutor shall issue a reasoned resolution. The victim shall have the right to appeal this resolution once to a superior prosecutor.

(The normative content of the second sentence of paragraph 3 of Article 57, which excludes the possibility of appealing the resolution of a superior prosecutor in connection with subparagraph “h” of paragraph 1 of the same Article, was declared invalid) - Judgment No. 1/5/1355,1389 of 27 July 2023 of the Constitutional Court of Georgia – website, 31.07.2023.

Law of Georgia No. 5170 of 28 October 2011 - website, 11.11.2011.

Law of Georgia No. 2518 of 24 July 2014 - website, 06.08.2014.

Law of Georgia No. 3528 of 1 May 2015 - website, 18.05.2015.

Judgment No. 1/3/1312 of 18 December 2020 of the Constitutional Court of Georgia – website, 22.12.2020.

Law of Georgia No. 1661 of 21 June 2022 – website, 01.07.2022.

Judgment No. 1/5/1355,1389 of 27 July 2023 of the Constitutional Court of Georgia – website, 31.07.2023.

Law of Georgia No. 954 of 3 September 2025 – website, 05.09.2025.

Article 58. Information and explanation🔗

1. Upon the request of the victim, the prosecutor shall in advance notify him/her of the place and time of the following procedural actions:

a) the first appearance of the accused before a magistrate judge;

b) the pre-trial hearing;

c) the main hearing of the court;

d) the court hearing for the consideration of the prosecutor's motion on the delivery of a judgment by the court without substantive examination of the case;

e) the court hearing on the imposition of a sentence;

f) the appellate or cassation court hearing.

2. The information indicated in paragraph 1 of this Article shall be given to the victim in writing, except where transmission by other means is reasonable in the given circumstances and provides sufficient time for making the relevant decision.

2¹. A victim with disabilities shall be provided with the information provided for by paragraph 1 of this Article taking into account the specific need arising from the disability.

3. The prosecutor shall be obliged to notify the victim of the conclusion of a plea agreement.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 24 July 2014 No. 2518 - website, 06.08.2014

Law of Georgia of 14 July 2020 No. 6842 – website, 28.07.2020

Article 58¹. Coordinator of witness and victim🔗

1. The coordinator of witness and victim may be involved in a criminal case by decision of the prosecutor or investigator.

2. The purpose of involving the coordinator of witness and victim in the case is to facilitate the participation of the witness and the victim in the proceedings, to reduce the stress caused by the crime, to prevent re-victimization and secondary victimization, and to ensure that they are informed at the stages of investigation and court hearing.

3. The prosecutor or investigator shall take a decision on involving the coordinator of witness and victim in the criminal case, taking into account the interests of the witness and the victim.

4. The prosecutor shall consider the issue of the appropriateness of involving the coordinator of witness and victim in the criminal case at any stage of the proceedings, and the investigator − before referring the case to court.

5. The prosecutor or investigator shall immediately notify the coordinator of witness and victim of the decision taken by him on involving the coordinator of witness and victim in the criminal case and shall provide him with information on the factual circumstances of the criminal case and the contact details of the witness/victim.

6. When the coordinator of witness and victim becomes aware of his involvement in the criminal case, he shall immediately contact the witness/victim. The witness/victim has the right to refuse cooperation with the coordinator of witness and victim.

Law of Georgia of 4 May 2018 No. 2270 – website, 21.05.2018.

Law of Georgia of 22 June 2021 No. 663 – website, 24.06.2021.

Article 58². Rights and obligations of the witness and victim coordinator🔗

1. The witness and victim coordinator of the Prosecutor's Office:

a) after prior consultation with the prosecutor, provides the witness and the victim with the necessary information on the progress of the investigation and the court hearing;

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

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

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

e) provides the witness and the victim with information on the legal, psychological, medical and/or other services they need and, where necessary, assists them in contacting the relevant body/organisation.

1¹. The witness and victim coordinator of the Ministry of Internal Affairs of Georgia:

a) after prior consultation with the investigator, provides the witness and the victim with information on the decisions taken by the investigator and the investigative and procedural actions carried out, as well as on the progress of the investigation;

b) explains to the witness and the 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 witness and the victim for the purpose of emotional support of the witness/victim;

d) provides the witness and the victim with information on the legal, psychological, medical and/or other services they need and, where necessary, assists them in contacting the relevant body/organisation.

2. The witness and victim coordinator shall not have the right to ask the witness and the victim questions during an investigative action or procedural action or otherwise interfere in the process of obtaining evidence.

3. The witness and victim coordinator shall not disclose the circumstances related to the case that have become known to him/her.

Law of Georgia of 4 May 2018 No. 2270 – website, 21.05.2018.

Law of Georgia of 22 June 2021 No. 663 – website, 24.06.2021.

Article 59. Circumstances precluding the participation of a judge, juror, prosecutor, investigator or secretary of a court hearing in criminal proceedings🔗

1. A judge, juror, prosecutor, investigator or secretary of a court hearing shall not participate in criminal proceedings if:

a) was not appointed or elected to office in accordance with the procedure established by law;

b) participates or participated in this case as an accused, defence counsel, victim, expert, interpreter or witness;

b¹) an investigation is being conducted in this case into the fact of the possible commission of a crime by him or her;

c) is a family member or close relative of the accused, defence counsel or victim;

d) they are family members or close relatives of each other;

d¹) was a mediator in the same case or in another case substantially related to this case;

e) there is another circumstance that casts doubt on his or her objectivity and impartiality.

2. A judge shall not participate in the substantive examination of a criminal case if he or she participated in this case as an investigator, prosecutor, judge of a pre-trial hearing, court of first instance, appellate or cassation court, or secretary of a court hearing. This rule applies to a judge who participated in the examination of a criminal case due to newly discovered circumstances.

3. A judge shall not participate in the examination of a complaint filed against a judgment delivered by him or her.

4. The participation of a judge in the earlier examination of this case under cassation procedure is not a circumstance precluding the judge's participation in the examination of the case in the Grand Chamber of the Supreme Court of Georgia.

5. The performance by a prosecutor and an investigator of their functions at any stage of the criminal proceedings does not preclude their subsequent participation in this case.

6. An investigator participating in a criminal case shall not participate in an investigative action to be conducted by a court ruling on the basis of a motion of the defence party, unless there is prior written consent of the defence party.

Law of Georgia of 24 July 2014 No. 2518 – website, 6 August 2014.

Law of Georgia of 18 September 2019 No. 4961 – website, 27 September 2019.

Article 60. Circumstances precluding the participation of defence counsel in criminal proceedings🔗

Defence counsel shall not participate in criminal proceedings if:

a) participated in this case as a judge, juror, prosecutor, investigator, secretary of a court hearing, witness or expert;

b) provides or provided legal assistance to a person whose interests conflict with the interests of the accused whom he or she is to defend and whom he or she represents;

c) has a family relationship with a judge, prosecutor, investigator or secretary of a court hearing who participates or participated in the investigation or court examination of this case;

d) is or was a mediator in the same case or in another case substantially related to this case.

Law of Georgia of 18 September 2019 No. 4961 – website, 27 September 2019.

Article 60¹. (removed)🔗

Law of Georgia of 17 October 2014 No. 2706 – website, 31.10.2014.

Law of Georgia of 12 June 2015 No. 3715 – website, 24.06.2015.

Article 61. Circumstances precluding the participation of an interpreter in criminal proceedings🔗

An interpreter shall not be entitled to participate in criminal proceedings where he/she is materially dependent on any participant in the criminal proceedings and/or has a family relationship with him/her.

Article 61¹. Circumstances precluding the participation of a witness and victim coordinator in criminal proceedings🔗

A witness and victim coordinator may not participate in criminal proceedings if:

a) he/she participates or participated in this case as an investigator, prosecutor, judge, juror, court hearing secretary, accused, advocate, victim, expert, interpreter or witness;

b) an investigation is being conducted by him/her in this case into the fact of a possible commission of a crime;

c) he/she has a family relationship with any participant in the proceedings.

Law of Georgia of 4 May 2018 No. 2270 – website, 21.05.2018.

Article 62. Self-recusal🔗

1. If there exists a circumstance precluding the participation of a judge, juror, prosecutor, investigator, court hearing secretary, advocate, witness and victim coordinator, interpreter or expert in criminal proceedings, he/she shall immediately declare self-recusal.

2. An investigator makes a statement on self-recusal to the prosecutor directing the proceedings, a prosecutor – to his/her superior prosecutor, and during the court hearing of the case – to the court.

3. A judge makes a statement on self-recusal to the chairperson of the court.

4. A statement on self-recusal is made by an advocate, witness and victim coordinator, expert and interpreter to the prosecutor, and during the court hearing of the case the said persons and the court hearing secretary – to the court.

5. A statement on self-recusal shall be substantiated.

6. The ground for self-recusal of an expert is his/her professional incompetence.

Law of Georgia of 4 May 2018 No. 2270 – website, 21.05.2018.

Article 63. Procedure for Filing a Motion for Challenge🔗

1. If there exists, in respect of any participant in the proceedings, any circumstance defined by this Code that precludes participation in criminal proceedings, and he has not declared self-recusal, the parties have the right to file a motion for challenge.

2. A motion for challenge shall be filed by a person authorized for this purpose immediately, at the first opportunity, after the ground for challenge becomes known to him. Otherwise, the motion shall not be considered.

3. During the court hearing of a case, a motion for challenge of a judge, juror, prosecutor, court session secretary, lawyer or interpreter shall be filed with the court by persons authorized for this purpose.

4. During an investigation, a motion for challenge of an investigator, witness and victim coordinator or interpreter shall be filed by a party with the prosecutor.

5. During an investigation, a motion for challenge of a prosecutor shall be filed by persons authorized for this purpose with his superior prosecutor.

Law of Georgia of 4 May 2018 No. 2270 – website, 21 May 2018.

Article 64. Procedure for Deciding on a Motion for Challenge🔗

1. The person who has been challenged shall have the right to provide an explanation before the issue of challenge is considered.

2. The decision on a motion for challenge of a judge shall be made by:

a) in the case of a single-judge examination of a case, if the motion for challenge is filed against the judge examining the case – that judge;

b) in the case of a collegial examination of a case, if the motion for challenge is filed against a judge (judges) – the judge (judges) against whom (which) no motion for challenge has been filed;

c) in the case of a collegial examination of a case, if the motion for challenge is filed against the entire composition of the court – the composition of the court examining the case;

d) during the questioning of a witness in accordance with the procedure established by Article 114 of this Code, if the motion for challenge is filed against a magistrate judge – that magistrate judge.

3. A motion for challenge filed during an investigation shall be decided within 24 hours, while a motion filed at a court hearing – immediately, by deliberation in the deliberation room or on the spot.

4. On a filed motion for challenge, the prosecutor shall issue a resolution, and the court – a ruling.

Law of Georgia of 18 December 2015 No. 4677 – website, 29 December 2015.

Article 65. Transfer of a case to another judge or determination of a new composition of the court hearing the case in the event of recusal of a judge or of the entire composition of the court🔗

1. In the event of recusal of the court hearing the case, the case shall be transferred to the chairperson of the court, who shall transfer it for consideration to another composition of the same court.

2. If the entire composition of the court of first instance has been recused, the case shall be transferred to the chairperson of the respective court of appeal for decision of the question of referring it to another court of the same level, who shall decide the said question within 48 hours of the receipt of the case.

3. If the entire composition of the court of appeal has been recused, the case shall be transferred to the Chairperson of the Supreme Court of Georgia for decision of the question of referring it to another court of the same level, who shall decide the said question within 48 hours of the receipt of the case.

Article 66. Appeal against a decision on a recusal motion🔗

1. A decision by which a recusal motion was granted shall not be appealed.

2. A decision by which a motion for the recusal of an investigator was not granted may be appealed once, within 1 week, to the prosecutor superior to the procedural supervising prosecutor.

3. A court's refusal to grant a recusal motion may be appealed together with the final judgment.

Article 67. Grounds for the application of special measures for the protection of a participant in proceedings🔗

A special measure for the protection of a participant in proceedings may be applied if:

a) a case is being considered on the fact of the commission of an act the public consideration of which by its nature will cause substantial harm to the personal life of the participant in the proceedings;

b) the disclosure of the identity of the participant in the proceedings and of his/her participation in the case will pose a significant threat to the life, health or property of him/her or of his/her close relative;

c) the participant in the proceedings is dependent on the accused;

d) (removed – 28.10.2011, No. 5170)

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 28 October 2011 No. 5170 – website, 11.11.2011

Article 68. Type of special measure for the protection of a participant in proceedings and the person authorized to apply it🔗

1. The type of special measure for the protection of a participant in proceedings is inclusion in the special programme for the protection of a participant in proceedings.

2. The prosecutor is entitled, with the consent of the Prosecutor General of Georgia or his/her deputy, to apply the special measure for the protection of a participant in proceedings and to include in the special protection programme provided for by paragraph 1 of this Article a participant in proceedings, or a person who may become a participant in proceedings, a person related to him/her and/or his/her close relative, with their consent.

3. In accordance with the procedure established by the special programme for the protection of a participant in proceedings, the Ministry of Internal Affairs of Georgia applies specific protection measures in respect of the persons provided for by paragraph 2 of this Article. Such measures are:

a) taking anti-tracking measures − alteration or removal, in the public registry or another public record, of data enabling the recognition and identification of the participant in proceedings, namely, name, surname, address, place of work, profession or other relevant information;

b) change of identity and issuance of new documents to him/her − conferment of a pseudonym, change of appearance, classification of procedural and other documents containing the possibility of recognition and identification;

c) taking security measures (personal protection, call on alarm, etc.);

d) temporary or permanent change of place of residence;

e) removal to another state (relocation).

4. The procedures for inclusion in the special programme for the protection of a participant in proceedings and for the implementation of specific protection measures shall be jointly determined by the Ministers of Justice and Internal Affairs of Georgia.

5. The expenses of the special measure for the protection of a participant in proceedings shall be borne by the state.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 28 October 2011 No. 5170 - website, 11.11.2011

Law of Georgia of 30 November 2018 No. 3814 – website, 13.12.2018

Article 69. (removed)🔗

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 28 October 2011 No. 5170 - website, 11.11.2011

Article 70. Decision on the application of a special protection measure🔗

1. The decision on the application of a special protection measure for a participant in the proceedings shall indicate:

a) the person in respect of whom the special protection measure is applied (inclusion in the special protection programme for a participant in the proceedings);

b) the term of application of the special protection measure.

2. A special protection measure may be applied for an indefinite term.

3. The decision on the application of a special protection measure is not public. This decision shall be communicated only to the person to be protected.

4. Where the term of application of the special protection measure expires, the term may be extended if the need for the application of this measure still exists.

5. Where the ground for the application of the special protection measure is eliminated, this measure shall be revoked by the person who took the decision on its application, of which the person to be protected shall be immediately notified.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 28 October 2011 No. 5170 - website, 11.11.2011

Article 71. Enforcement of the decision on the application of a special protection measure🔗

1. The prosecutor who applied this measure shall be notified, within 3 days, of the enforcement of the decision on the application of the special protection measure.

2. The enforcement of the special protection measure and of the specific protection measures applied within its framework shall be ensured by the Ministry of Internal Affairs of Georgia.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 28 October 2011 No. 5170 - website, 11.11.2011

Article 72. Inadmissible evidence🔗

1. Evidence obtained through a substantial violation, and other evidence lawfully obtained on the basis of such evidence, if it worsens the legal position of the accused, shall be inadmissible and shall have no legal force.

2. Evidence shall also be inadmissible if it was obtained in compliance with the procedure established by this Code, but reasonable doubt has not been refuted as to its possible substitution, substantial alteration of its characteristics, or substantial disappearance of traces left on it.

3. The burden of proving the admissibility of the prosecution's evidence and the inadmissibility of the defence's evidence shall lie with the prosecutor.

4. A party shall be obliged to provide the court with information on the origin of its own evidence.

5. The issue of declaring evidence inadmissible shall be decided by the court. The court's judgment shall be reasoned.

6. Inadmissible evidence may not serve as a basis for a court judgment.

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013

Decision of the Constitutional Court of Georgia of 31 July 2015 No. 2/2/579 - website, 18.08.2015

Article 73. Prejudice🔗

1. The following shall be admitted as evidence without examination:

a) a universally known fact;

b) a judgment of conviction;

c) factual circumstances established by a judgment in another criminal case, if none of the participants in the proceedings casts doubt on them;

d) any other circumstance or fact agreed upon by the parties.

2. On the initiative of a party, the court may reject a fact established as prejudicial if that fact contradicts the results of the examination of evidence in court.

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013.

Article 74. Testimony of the accused🔗

1. The testimony of the accused is information given by him in court about the circumstances of the criminal case.

2. Giving testimony is the right of the accused.

3. The fact that the accused refused to give testimony or gave false testimony may not be assessed as evidence confirming his guilt.

4. The admission of the accused may not be used as a basis for a judgment of conviction if it is not confirmed by other evidence confirming his guilt.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No 50, 24.09.2010, Art. 328

Article 75. Testimony of a witness🔗

1. The testimony of a witness may not be evidence if the witness cannot indicate the source of the information presented.

1¹. When assessing the reliability of a witness's testimony, along with other circumstances, his ability to correctly perceive, remember and recall circumstances relevant to the case shall be taken into account.

2. If there is a substantial contradiction between the information provided by a person during questioning and his testimony, or between the testimonies of a witness, a party is entitled to file a motion before the judge to declare the testimony/testimonies inadmissible evidence.

3. The testimony of a witness is inadmissible evidence if the record of the questioning of that witness was not transmitted to the other party in the manner established by Article 83 of this Code.

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013.

Law of Georgia of 18 December 2015 No. 4677 - website, 29.12.2015.

Law of Georgia of 14 July 2020 No. 6842 – website, 28.07.2020.

Law of Georgia of 21 February 2024 No. 4046 – website, 07.03.2024.

Article 76. Hearsay testimony🔗

1. Hearsay is the testimony of a witness based on information disseminated by another person.

2. Hearsay testimony is admissible evidence only if the person giving the hearsay testimony indicates the source of the information, which can be identified and whose actual existence can be verified.

3. During the substantive hearing of a case in court, hearsay testimony is admissible evidence if it is confirmed by other evidence that is not hearsay testimony.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No 50, 24.09.2010, Art. 328

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013.

Article 77. Material evidence🔗

1. A comparative research sample is replaceable material evidence.

2. Material evidence shall be examined and sealed; during the examination, the individual and generic features of the object shall be identified and described.

3. Unsealing and re-examination of material evidence is permissible.

4. During the substantive hearing of the case, only evidence whose authenticity is confirmed is admissible. Also admissible is a pre-marked and/or fake (simulated) object, document, substance or other item used within the scope of the measure provided for by paragraph 2¹ of Article 7 of the Law of Georgia "On Operative-Investigative Activity".

Law of Georgia of 19 December 2019 No. 5621 – website, 26.12.2019.

Article 78. Evidentiary force of a document🔗

1. At the request of a party, a document has evidentiary force if its origin is known and it is authentic. Evidentiary force is also held by a pre-marked and/or fake (simulated) document fully or partially replaced within the scope of controlled delivery provided for by paragraph 2¹ of Article 7 of the Law of Georgia "On Operative-Investigative Activity". A document or material evidence is admissible evidence if the party can examine as a witness the person who obtained/created it and/or with whom it was kept before submission to the court.

2. A document may at the same time be material evidence in a criminal case if it has the quality of non-replaceability.

3. If a document seized and attached to a criminal case is needed for current accounting, reporting and other lawful purposes, it or its copy may be returned to the lawful owner or transferred for temporary use.

Law of Georgia of 19 December 2019 No. 5621 – website, 26.12.2019.

Article 79. Storage of material evidence🔗

1. Material evidence shall be kept in conditions that exclude its loss and change of its properties.

2. Material evidence which is not destroyed, is not returned to the owner or possessor and is not transferred to the State, shall be kept for the term of storage of the criminal case.

3. Precious metals, stones (gems), banknotes, bonds and other securities, if their individual features are not of evidentiary significance, shall be kept in a banking institution.

4. Material evidence may also be kept in another place.

Article 80. Decision on material evidence before completion of criminal proceedings🔗

1. Before completion of criminal proceedings, the investigative body shall return to the owner or possessor perishable items, items essential in everyday life, domestic animals and poultry, if no seizure has been imposed on them. Before completion of criminal proceedings, the investigative body may return to the owner or possessor vehicles, a computer system or computer data storage media, if no seizure has been imposed on them.

2. If the material evidence is a vehicle that left the lawful possession of the owner/possessor against the will of the owner/possessor, the body conducting the case, directly or through an authorized body, shall propose in writing to the owner/lawful possessor, if this person is known, to recover the item belonging to him/her. The body conducting the case shall send written notification to the owner/lawful possessor of the item immediately upon establishing his/her identity. Receipt of the written notification shall be confirmed by an appropriate document submitted by the authorized body or by the signature of the owner/lawful possessor of the item on this notification, and in his/her absence – by the signature of a family member and/or an authorized person, respectively. The owner/lawful possessor of the vehicle shall, within 90 days from receipt of the written notification, ensure at his/her own expense the return and transportation of the item belonging to him/her.

3. If the owner or lawful possessor of an item provided for by paragraph 1 of this article is not known, there is no document confirming the lawful origin of this item, or the return of the said item is impossible for another reason, the item may be transferred to the relevant person (organization) for use, storage or care.

4. If the owner/lawful possessor has not recovered the vehicle within the period established by paragraph 2 of this article, also if within 90 days from the removal of the vehicle the identity of its owner or lawful possessor could not be established or within the same period notification could not be delivered to him/her, the vehicle shall be returned by resolution of the prosecutor to the person who acquired it and at the time of acquisition did not know about the crime committed in connection with the vehicle (bona fide acquirer).

5. If the acquirer of a vehicle, at the time of acquisition, knew about a crime committed in connection with the vehicle, or, in accordance with paragraphs 2 and 4 of this Article, the return of the vehicle is impossible for another reason, the prosecutor shall apply to the magistrate judge at the place of investigation with a reasoned motion on the conversion of the vehicle into state ownership. The magistrate judge shall, in accordance with the procedure established by paragraph 3 of Article 206 of this Code, consider the said motion no later than 5 days after its submission, with the participation of all interested persons, and, based on the assessment of the submitted evidence, shall make a judgment on the conversion of the vehicle into state ownership or its return to the bona fide acquirer. Until the contrary is proven, the acquirer of the vehicle shall be considered bona fide. The burden of proving the bad faith of the acquirer of the vehicle shall be borne by the prosecutor.

6. The ruling issued by the magistrate judge in accordance with paragraph 5 of this Article may be appealed by the prosecutor or an interested person in accordance with the procedure established by Article 207 of this Code.

6¹. If the physical evidence is a woody plant unlawfully obtained (by illegal felling or otherwise) in an area located within state forest boundaries, within protected area boundaries, on territory in state ownership or within municipal administrative boundaries (except for territory in private ownership), the prosecutor is entitled, on his/her own initiative or on the basis of an application by the relevant body authorized to dispose of woody plants, to request the transfer of this physical evidence (woody plant) to the relevant body authorized to dispose of woody plants for the purpose of disposal of the woody plant. The funds received as a result of the disposal of the physical evidence (woody plant) shall, before the final judgment in the criminal case is made, be deposited in the account of the relevant body authorized to dispose of woody plants, and the prosecutor shall be notified thereof.

7. The determination of the fate of the physical evidence in accordance with this Article does not deprive an interested person of the right to dispute the ownership of the item through civil proceedings.

8. Disposal of an item converted into state ownership shall be carried out in accordance with the procedure established by the legislation of Georgia.

Law of Georgia of 29 July 2013 No. 893 – website, 20.08.2013.

Law of Georgia of 8 June 2016 No. 5390 – website, 17.06.2016.

Law of Georgia of 15 December 2021 No. 1105 – website, 24.12.2021.

Law of Georgia of 24 May 2022 No. 1575 – website, 06.06.2022.

Law of Georgia of 15 June 2023 No. 3163 – website, 05.07.2023.

Article 81. Decision on material evidence upon completion of criminal proceedings🔗

1. In the verdict, in the decision on termination of criminal prosecution and/or investigation, the question of material evidence shall be decided as follows:

a) if the instrument or object of the crime has no value, it shall be destroyed, and if it has any value, its procedural confiscation shall be effected;

b) if a thing withdrawn from circulation has any value, it shall be transferred to the relevant administrative body, and if it has no value, it shall be destroyed;

c) another thing which has no value shall, upon the application of an interested person or an administrative body, be transferred to it, and if no such person or body is found, it shall be destroyed;

c¹) bullets and cartridge cases recognised as material evidence shall be transferred to the bullet-and-cartridge repository of the Ministry of Internal Affairs of Georgia for placement;

c²) the material evidence provided for by subparagraphs "a"–"c" of this paragraph may, on the basis of a request of the relevant administrative body, be transferred to that administrative body for educational/training and/or scientific-research purposes. The rule for the transfer, storage, use and destruction of the material evidence provided for by subparagraphs "a"–"c" of this paragraph for educational/training or scientific-research purposes shall be established by a Resolution of the Government of Georgia;

d) income/property obtained by criminal means shall be used to compensate the damage caused by the crime, after compensation of the damage – to compensate procedural expenses, and if the person to whom the damage was caused is not known, it shall be transferred to the State Budget of Georgia;

d¹) in the case provided for by paragraph 6¹ of Article 80 of this Code, when delivering a guilty verdict, as well as in the case of termination of criminal prosecution and/or investigation on the basis of subparagraph "e", "f" or "i" of the first paragraph of Article 105 of this Code, or in the case of termination of criminal prosecution on the basis of subparagraph "a", "b" or "c" of the second paragraph of the same Article, the amount received as a result of the alienation of a woody plant shall remain in the account of the relevant body having the right to alienate the woody plant, and in other cases provided for by Article 105 of this Code, the amount corresponding to the market value of the woody plant shall be given to its lawful owner;

e) all things and documents belonging to the victim, the acquitted person or another person, except for the accused and the person who bears property liability for them, shall be returned to the owner or possessor.

2. A dispute over material evidence shall be resolved in accordance with civil procedure. In the case of such a dispute, the material evidence shall be kept together with the criminal case until the court judgment enters into legal force.

3. In the case of spoilage, loss or destruction of material evidence, its owner or possessor shall receive monetary compensation. This rule shall not apply to property subject to procedural confiscation, destruction and compensation of procedural expenses.

Law of Georgia of 19 December 2019 No. 5621 – website, 26.12.2019.

Law of Georgia of 15 December 2021 No. 1105 – website, 24.12.2021.

Article 81¹. Notification to the authorised body on the decision on the return of material evidence before the completion of criminal proceedings and upon completion of criminal proceedings🔗

If it is known from the materials of the criminal case that the material evidence, namely a vehicle and/or its trailer, is placed in the specially protected parking area of the Legal Entity of Public Law operating in the field of governance of the Ministry of Internal Affairs of Georgia – the Public Safety Management Centre "112", the body conducting the criminal proceedings shall, in accordance with paragraphs 1–6 of Article 80 and paragraph 1 of Article 81 of this Code, also provide information on the decision on the return of this material evidence to the Legal Entity of Public Law operating in the field of governance of the Ministry of Internal Affairs of Georgia – the Public Safety Management Centre "112", within 15 days from the final resolution of the matter.

Law of Georgia of 9 June 2021 No. 615 – website, 14.06.2021.

Article 82. Assessment of evidence🔗

1. Evidence shall be assessed in terms of its relevance to the criminal case, its admissibility and its reliability.

2. Evidence has no pre-established force.

3. For a person to be found guilty by a conviction judgment, a body of concordant evidence existing beyond reasonable doubt is required.

Article 83. Exchange of information on possible evidence by the parties🔗

1. At any stage of the criminal proceedings, a request by the defence to review the information of the prosecution which the prosecution intends to present to the court as evidence shall be satisfied immediately. The prosecution shall also be obliged, in the case provided for by this paragraph, to hand over to the defence the exculpatory evidence in its possession.

2. After the defence's request has been satisfied, the prosecution is entitled to receive from the defence the information which the defence intends to present to the court as evidence.

3. Failure to hand over to a party, in full, the material existing at the time following a request for the exchange of information results in such material being declared inadmissible evidence.

4. A record shall be drawn up on the exchange of information by the parties as provided for by paragraphs 1 and 2 of this Article, a copy of which shall be sent to the court together with the criminal case.

5. The defence's right to receive information may, upon a motion by the prosecution, be restricted by the court only in the part of the information obtained as a result of an operative-investigative measure or a covert investigative action, and only before the pre-trial hearing.

5¹. If a decision has been taken to conceal the identity of a person participating in an operative-investigative measure or a covert investigative action who cooperates with the investigation body, the evidence reflecting this measure/action and all other investigative actions, as well as all other procedural actions, shall be handed over to the defence in a form protecting against the identification of this person's identity and restricting the possibility of recognition.

6. Not later than 5 days before the pre-trial hearing, the parties shall provide each other and the court with the complete information in their possession at that time which they intend to present to the court as evidence.

7. The parties shall, at their own expense, hand over information to each other in the form of a copy of a document, and in the case of other material — in the form of a certificate. Inspection of physical evidence is also permissible if this does not cause damage to or destruction of it or of traces on it.

8. Before the accused's first appearance in court, the parties shall be obliged to give each other the opportunity to review the information and evidence which they intend to present to the court, as well as to hand over copies of written evidence.

9. Evidence related to the obligation to pay compensation to the victim shall be handed over by the prosecution to the person provided for by subparagraph "b" of paragraph 1 of Article 165⁴ of this Code, who bears the obligation provided for by the same subparagraph to pay compensation to the victim from the property.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 7 December 2010 No. 3891 - LHG I, No. 67, 09.12.2010, Art. 418

Law of Georgia of 5 May 2011 No. 4631 - website, 19.05.2011

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014

Law of Georgia of 2 July 2025 No. 923 – website, 03.07.2025.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Article 83¹. Transfer/disclosure to the defence of possible evidence obtained on the basis of a motion by the defence🔗

1. If the prosecution intends to present in court as evidence an item, document, thing, substance, or other object containing information obtained on the basis of a motion by the defence, it shall be obliged, upon request, to transfer the said material to the defence immediately upon completion of the initial examination, in accordance with the procedure established by Article 83 of this Code.

2. If the defence wishes to conduct an expert examination of an item, document, thing, substance, or other object containing information obtained on the basis of its motion, and the circumstances provided for by parts 3²–3⁵ of Article 144 of this Code do not exist, the prosecution shall transfer the said material to the defence immediately upon completion of the initial examination, in accordance with the procedure established by paragraph 3 of the same Article.

3. If the prosecution does not intend to present in court as evidence an item, document, thing, substance, or other object containing information obtained on the basis of a motion by the defence, or if the defence does not wish to conduct an expert examination of an item, document, thing, substance, or other object containing information obtained on the basis of its motion, but needs to inspect this material, to review its content or to conduct another investigative action, the prosecution shall be obliged, upon request, to transfer/disclose the said material to the defence immediately upon completion of the initial examination, in accordance with the procedure established by paragraph 7 of Article 83 of this Code.

4. If, in the case provided for by paragraph 3 of this Article, the prosecution delays the transfer/disclosure of the relevant material to the defence, the defence shall have the right to apply to the relevant district (city) court at the place of investigation with a motion for the transfer/disclosure to it of the said material in accordance with the procedure established by paragraph 7 of Article 83 of this Code. This motion shall be considered in accordance with the procedure established by paragraph 3 of Article 144 of the same Code.

Law of Georgia of 17 October 2019 No. 5186 – website, 23.10.2019.

Article 84. (Repealed)🔗

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 5 May 2011 No. 4631 - website, 19.05.2011.

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013.

Article 85. Liability for failure to perform procedural duties in court and for violation of order🔗

1. Order in court shall be ensured by a person designated by the Chairperson of the court. Order in the courtroom shall be ensured by the presiding judge, who is entitled, taking into account the seats of persons present in the courtroom, to limit the number of persons present at the hearing.

2. In the event of violation of order at a hearing, failure to obey an order of the presiding judge, or expression of disrespect towards the court by a participant in the proceedings and/or a person present at the court hearing, the presiding judge shall give him an oral warning and call upon him to stop the improper conduct. In the event of failure to obey the said call, the presiding judge shall issue, after an on-site deliberation, an order on imposing a fine on the person and/or removing him from the courtroom. If the removed person continues to violate order, upon the judge's instruction the court bailiff shall ensure his removal from the court; at the same time, the fine or imprisonment provided for by this Article may be applied to the said person.

3. If the order of the presiding judge on removal from the courtroom concerns a prosecutor or a defence lawyer, the hearing of the criminal case shall be postponed, except when the prosecution or defence of one person was from the outset conducted by several prosecutors or several defence lawyers. The court shall issue a private ruling on the improper conduct of the removed prosecutor or defence lawyer, which shall be sent to the Prosecutor General's Office of Georgia or the Bar Association, respectively.

4. If the accused was removed from the courtroom, the court's final judgment shall be announced in his presence, and if he continues to violate order, the judgment shall be announced without the accused. After that, a copy of the judgment shall be given to him, which he must confirm by signature.

5. A person shall be considered removed from the courtroom until the completion of the hearing of the case on this charge in the court of the same instance. The presiding judge is entitled, on the basis of a reasoned motion of a party, to grant the removed person the right to return to the hearing. The removed person shall also return to the hearing if the relevant court grants his complaint on declaring his removal from the courtroom unlawful and his return to the hearing.

6. A person violating order at a court hearing, including a removed person, may be imposed, by order of the presiding judge, a fine in the amount of 50 to 500 GEL, for which a writ of execution shall be issued. If the fined person continues to violate order, the presiding judge may immediately increase the amount of the fine within the limits determined by this paragraph.

7. If at a court hearing the act of a person is aimed at disrupting the proceedings or it expresses clear and/or gross disrespect towards the court, a participant in the proceedings or a party, at the instruction of the presiding judge the court bailiff shall ensure the detention of the person and the drawing up of a record of detention; at the same time, the presiding judge shall draw up an application describing the violation and send it to the court (judge) authorized to issue an order. The detained person shall be brought immediately, but not later than 24 hours, before the court to which the application was sent and which is authorized to issue an order on the imprisonment of that person for a term of up to 30 days.

8. If the court establishes that the person has already once been subjected to the imprisonment provided for by this Article, it is authorized to issue an order on the imprisonment of that person for a term of up to 60 days.

9. In a district (city) court where there are two or more judges, the order is issued by the chairperson of the court, and if the violation occurred at a hearing held with the participation of the chairperson of the court, the order is issued by another judge designated by him/her. In a district (city) court where there is one judge, the order is issued by the chairperson of the nearest district (city) court. If the violation provided for by this paragraph occurred during the consideration of the case by a magistrate judge, the order is issued by the chairperson of the district (city) court of which that magistrate judge is a member.

10. In the Court of Appeal, the order is issued by the chairperson of the court, and if the violation occurred at a hearing held with the participation of the chairperson of the court, the order is issued by his/her deputy or another judge designated by him/her.

11. In the Supreme Court of Georgia, except for the Grand Chamber, when considering a case, the order is issued by the chairperson of one of the chambers. In the Grand Chamber of the Supreme Court of Georgia, when considering a case, the order is issued by the judge who did not participate in the consideration of the case. The detained person, if necessary, may be handed over to the police.

12. If an order on imprisonment has been issued in respect of a participant in the proceedings, the court hearing may be postponed for the said term. The order shall be issued on the basis of an oral hearing, immediately upon the bringing of the detained person, without delay, but not later than 24 hours.

13. In the event of a violation of order in court, disrespect towards the court or obstruction of the normal functioning of the court, the court bailiff shall be entitled to detain the offending person, of which he/she shall draw up a detention report. The court bailiff shall be obliged to present the detained person immediately, but not later than within 24 hours, to the chairperson of the same court, and in the Supreme Court of Georgia – to the deputy chairperson of the Supreme Court. The chairperson of the court, and in the Supreme Court of Georgia – the deputy chairperson of the Supreme Court, shall be entitled, upon the presentation of the detained person, immediately, but not later than within 24 hours, to apply to him/her the powers provided for by this Article.

14. An order provided for by this Article, except for an order on imprisonment, may be issued without an oral hearing, and it may be appealed, in the manner established by paragraph 16 of this Article, by the person to whom the order applies. The judge considering the said complaint shall, by ruling, take one of the following decisions:

a) to refuse to grant the complaint and to leave the appealed order unchanged;

b) to grant the complaint and to annul the order on imposing a fine on the person and/or to return him/her to the hearing.

14¹. An appeal against the order of the chairperson of the court hearing on imposing a fine shall suspend the enforcement of this order.

14². The order of the chairperson of the court hearing on imposing a fine and/or expulsion from the courtroom shall be delivered to the person against whom the said measure was applied not later than within 24 hours after the issuance of the order.

15. When considering a case on imprisonment provided for by this Article, the court shall notify the detained person of the time and place of the consideration of the case. The non-appearance of a party shall not cause the postponement of the hearing. The consideration of the case shall begin with a report by the chairperson of the hearing, who shall announce against whom imprisonment may be applied, shall explain to the persons participating in the consideration of the case their rights and obligations, shall read publicly the application drawn up on the violation of order and shall hear the persons participating in the consideration of the case. During the oral hearing, the offending person/his or her lawyer shall be given the opportunity to present to the court their own opinions and to give explanations concerning the lawfulness of the detention and the measure of liability. After hearing the parties, the chairperson of the court (judge) shall issue, on the spot by deliberation, an order on imprisonment. The court issuing the order shall immediately hand a copy of this order to the offending person, and shall also send a copy of the order to the law enforcement bodies for execution. The period of detention shall be counted in the total period of imprisonment.

16. An order on arrest shall enter into force immediately. It may be appealed by the person against whom imprisonment was applied, within 48 hours from the due service of a copy of the order on him or her. The court shall immediately forward the received complaint to the relevant court. An order of the chairperson or a judge of the court of first instance may be appealed once to the chairperson of the appellate court. An order of the chairperson, deputy chairperson or a judge of the appellate court may be appealed once to the chairperson of the Administrative Cases Chamber of the Supreme Court of Georgia. An order of the deputy chairperson of the Supreme Court of Georgia or of the chairperson of a chamber, except the Grand Chamber, may be appealed once to the chairperson of the Supreme Court of Georgia. An order of a judge on a violation of order in the Grand Chamber of the Supreme Court of Georgia may be appealed once to a judge who did not participate in the consideration of the case. The complaint shall be considered without an oral hearing and the time limit for its consideration shall not exceed 24 hours from the filing of the complaint. The judge considering the said complaint shall adopt, by ruling, one of the following decisions:

a) on refusal to grant the complaint and leaving the appealed order unchanged;

b) on granting the complaint, annulling the order on the arrest of the person and releasing him or her from imprisonment.

17. (Deleted – 14.06.2013, No. 741).

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 28 October 2011 No. 5170 – website, 11.11.2011

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013

Law of Georgia of 4 October 2013 No. 1443 – website, 22.10.2013

Law of Georgia of 30 November 2018 No. 3814 – website, 13.12.2018

Article 86. Rules for Calculation of Procedural Time Limits🔗

1. The time limits established by this Code shall be calculated in hours, days and months. When calculating a time limit, the day and the hour from which the running of the time limit begins shall not be taken into account, except for the time limits of detention and imprisonment, which shall be calculated in minutes.

1¹. When calculating the time limit for conducting a covert investigative action, the day and the hour from which the covert investigative action begins shall be taken into account.

2. Non-working time, including days of rest and public holidays, shall also be included in a procedural time limit.

3. A time limit calculated in days shall expire at 24:00 of the last day. A time limit calculated in months shall expire on the corresponding date of the last month, and if the last month does not have the corresponding date – on the last day of that month.

Law of Georgia of 6 September 2022 No. 1722 – website, 14.09.2022

Article 87. Observance of a time limit🔗

1. A complaint, motion or other document shall be delivered to the person authorized to receive it before the expiry of the time limit.

2. A complaint, motion or other document may be delivered to the person authorized to receive it by any means.

3. By a court judgment, a time limit, except for time limits of detention and imprisonment, shall not be considered missed if it was missed due to force majeure.

Article 88. Consequence of missing a time limit🔗

A procedural action performed after the expiry of the established time limit shall be void unless the missed time limit is restored.

Article 89. Restoration of a missed time limit🔗

1. The court is entitled, upon a motion of a party, to restore a time limit missed for a valid reason, unless this causes a disproportionate restriction of the rights and guarantees of the accused.

2. A motion for the restoration of a missed time limit shall be filed with the court in writing within 1 week after the elimination of the valid reason. The court shall consider this matter without an oral hearing, within 10 days.

3. The burden of proving that a time limit was missed for a valid reason shall lie on the person who missed the time limit.

4. A court judgment on a motion for the restoration of a missed time limit shall be final and shall not be subject to appeal.

Article 90. Procedural costs🔗

1. Procedural costs are:

a) the cost of the services of the defence counsel of the accused;

b) the cost of summoning an expert and of remuneration for his/her activity;

c) the cost of summoning an interpreter and of remuneration for his/her activity;

d) the cost of summoning a witness;

e) the cost of storage and dispatch of material evidence;

f) the cost of conducting an investigative action with funds from the state budget upon the motion of the accused or his/her defence counsel;

g) the cost of making a copy of the information transferred by the prosecution to the defence;

h) the cost of summoning jurors and of their participation in the court hearing;

i) the cost of obtaining evidence.

2. An expert or an interpreter shall not be paid remuneration if the state has assigned a salary for the activity.

Article 91. Recovery of procedural costs🔗

1. The cost of the services of the accused's lawyer shall be reimbursed directly by the accused, and if the defence is provided at the expense of the State – by the State budget.

2. The convicted person shall bear the reimbursement of the costs of summoning the victim, witness, interpreter and expert by him or his lawyer, of storing and sending the submitted material evidence, of an investigative action conducted upon the motion of him and/or his lawyer, and of making a copy of information received from the prosecution party. The court shall have the right, in the event of insolvency, to release the convicted person wholly or partially from the payment of procedural costs.

3. When several persons are convicted, each of them shall reimburse the procedural costs proportionally, taking into account the degree of guilt and the severity of the sentence imposed.

4. The heirs of a deceased accused or convicted person shall be released from the payment of procedural costs.

5. At the investigation stage, the prosecutor shall draw up a statement on his own procedural costs and submit it to the judge examining the case on the merits. During the examination of the case on the merits, in the event of a change in his own procedural costs, the prosecutor shall be obliged to reflect the relevant changes in the statement and submit it to the court.

6. In the event of the non-appearance of a participant in the proceedings for a disrespectful reason, the reimbursement of the costs of postponing the court hearing for this reason shall be imposed on the said person.

7. The methodology for calculating court costs shall be established by the High Council of Justice of Georgia.

8. In the event of the non-appearance of a participant in the proceedings at court for a disrespectful reason, the chairperson of the sitting shall impose on him by order a fine in the amount of GEL 100 to GEL 500, which shall not release the participant in the proceedings from the obligation to appear. The amount of the fine shall be of a deterrent nature, proportionate to the damage caused and shall correspond to the financial situation of the person.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013

Ruling of the Constitutional Court of Georgia of 13 October 2017 No. 1/20/1219,1236 – website, 19.10.2017

Article 92. Compensation for damage🔗

1. A person shall have the right to claim and receive, under the civil/administrative procedure, compensation for damage caused as a result of an unlawfully conducted procedural action and an unlawful judgment.

2. A person shall have the right to claim compensation for the damage caused under the civil procedure.

Article 93. Right and Procedure for Filing a Motion🔗

1. The parties may file a motion in the cases directly provided for by this Code and in accordance with the established procedure, at any stage of the criminal proceedings.

2. A motion may be written or oral. A written motion shall be attached to the criminal case. An oral motion shall be entered in the record. When a case is heard in court, a motion shall be submitted to the court in written form, except for the case where a party files a motion on the basis of new substantive circumstances at the same court hearing. A motion shall be substantiated; it shall set out specifically first the request and then the argumentation of the request, and it shall concern only those circumstances that have a direct connection with the issues raised in the motion.

3. Before a motion is decided, the party filing it has the right to withdraw it.

4. A motion of the same content on which a decision has already been taken shall no longer be considered in the same court.

5. At the stage of investigation, a motion shall be considered and decided no later than 3 days from the moment of its filing, and in court – immediately, except for the cases directly provided for by this Code.

6. When a case is heard in court, the court shall set a reasonable time limit for the party to file and substantiate a motion.

7. When a case is heard in court, the court shall set a reasonable time limit for the party to express a position in connection with a motion filed.

Article 94. Decision on a Motion🔗

1. If the fulfilment of the request set out in a motion promotes the accomplishment of the tasks of the criminal proceedings, it shall be granted, and if the motion is aimed at protracting the criminal proceedings or at hindering them – the granting thereof shall be refused.

2. The author of the motion substantiates it orally.

3. If a person whose interests are affected by the motion, as well as his/her lawyer, participates in the court hearing, they too shall be given the opportunity to give explanations and formulate their opinions.

4. As a result of the consideration of the motion, the authorised person takes a decision on granting it, granting it in part or refusing it.

5. The author of the motion shall be immediately notified of the results of the consideration of the motion. If the author of the motion has been refused the granting thereof, a copy of the decision shall be given to him/her in accordance with the procedure established by this Code.

6. When filing a motion, copies of those materials of the criminal case that are necessary for its consideration shall be submitted to the court.

Article 95. Right and procedure for filing a complaint🔗

1. A participant in criminal proceedings shall have the right, in cases directly provided for by this Code and in accordance with the established procedure, to appeal against an act or decision of a court, a prosecutor, or an investigator.

2. A complaint against an act or decision of a court shall be filed with the court adopting the decision.

3. A complaint shall be in writing. It shall be attached to the criminal case.

4. A complaint shall be filed in as many copies as are necessary to ensure its delivery to the participants in the consideration of the complaint.

5. A complaint may be filed at any stage of the criminal proceedings, in cases directly provided for by this Code and in accordance with the established procedure.

6. Unless otherwise provided by this Code, a complaint may be filed within 10 days after the complainant becomes aware of the act or decision which he/she considers unlawful and unfounded.

7. The complaint shall state what requirements were violated when the appealed decision was adopted and in what way the provisions of the appealed decision are erroneous. The complaint shall be accompanied by materials confirming the circumstances indicated therein, including new circumstances that were not known at the time the appealed decision was adopted.

8. Before the complaint is resolved, the party filing it shall have the right to withdraw it.

Law of Georgia of 24 July 2014 No. 2518 - website, 06.08.2014.

Article 96. Suspension of execution of the appealed decision in connection with the filing of a complaint🔗

In a case directly provided for by this Code, the filing of a complaint suspends the execution of the appealed decision. In other cases, the filing of a complaint suspends the execution of the appealed decision if the body or person considering the complaint considers it necessary, upon the motion of a party.

Article 97. General rule for consideration of a complaint🔗

1. A complaint may not be considered by the person whose act or decision is being appealed.

2. The body or person considering the complaint shall, within the scope of its powers, immediately take measures to restore the violated rights and lawful interests of participants in the criminal proceedings and other persons.

3. Unless otherwise provided by this Code, a complaint shall be considered and resolved within 3 days after the complaint is transferred to the body or person authorized to adopt a decision on the complaint.

Article 98. Decision on a complaint🔗

1. As a result of consideration of a complaint, one of the following decisions may be adopted:

a) on annulment or amendment of the appealed decision or part thereof;

b) on rejection of the complaint.

2. The complaint and the decision adopted shall be attached to the criminal case.

Article 99. Notification of the decision on a complaint🔗

The complainant shall be immediately notified of the decision adopted as a result of consideration of the complaint. If the complainant is refused satisfaction of the complaint, a copy of the decision shall be delivered to him/her in accordance with the procedure established by this Code.

Special Part

Article 100. Obligation to commence investigation🔗

1. In the event of receiving information about a crime, the investigator and the prosecutor shall be obliged to commence an investigation. The investigator shall immediately notify the prosecutor of the commencement of the investigation.

2. (Removed - 07.12.2010, No. 3891).

Law of Georgia of 7 December 2010 No. 3891 - LHG I, No. 67, 09.12.2010, Art. 418

Article 101. Information about a crime🔗

1. The basis for commencing an investigation is information about a crime that was provided to the investigator or the prosecutor, was discovered during criminal proceedings, or was published in the media.

2. Information about a crime may be written, oral or recorded in another manner.

2¹. A person who reports a crime has the right to receive a written certificate confirming the notification about the crime.

3. An oral notification about a crime shall be recorded in a protocol, which shall be signed by the applicant and the official receiving the application. The investigator is entitled to commence an investigation on the basis of an anonymous notification about a crime. It is inadmissible to carry out criminal prosecution of a person solely on the basis of an anonymous notification.

4. An applicant who has reached 14 years of age shall be warned, against receipt, of liability for false denunciation.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 24 July 2014 No. 2518 - website, 06.08.2014

Article 102. Referral according to jurisdiction🔗

If, after the commencement of an investigation, it becomes apparent that the investigation of the criminal case falls within the competence of another investigative body, the prosecutor shall, after carrying out urgent investigative actions, immediately refer the case according to jurisdiction.

Article 103. Time limit for investigation🔗

The investigation shall be conducted within a reasonable time, but not exceeding the statute of limitations for criminal prosecution established by the Criminal Code of Georgia for the respective crime.

Article 104. Inadmissibility of disclosure of investigation data🔗

1. The prosecutor/investigator shall be obliged to ensure that information about the course of the investigation does not become public. To this end, he/she is entitled to oblige a participant in the criminal proceedings not to disclose, without his/her permission, the data existing in the case, and to warn of criminal liability.

2. Proceeding from the interests of justice and of the parties, at any stage of the investigation and of the judicial examination of the case, the court is entitled, upon a motion of a party or on its own initiative, to adopt a decision on the protection of certain data of the case under consideration from public dissemination in respect of the participants in the case and/or persons present in the courtroom. Violation of the said requirement entails criminal liability in the manner established by the legislation of Georgia.

Law of Georgia of 2² May 2012 No. 6253 – website, 29.05.2012

Article 105. Grounds for termination of investigation and/or non-initiation and termination of criminal prosecution🔗

1. The investigation shall be terminated, and criminal prosecution shall not be initiated or shall be terminated:

a) if there is no act provided for by the criminal law;

b) if the act is not unlawful;

c) if a new law eliminates the criminality of the act;

d) if the law on which the charge is based has been declared unconstitutional;

e) if the limitation period for criminal prosecution established by the Criminal Code of Georgia has expired;

f) if an amnesty act has been issued which releases the person from criminal liability and punishment for the committed act;

g) if there is a court judgment that has entered into legal force for the same charge and/or a court ruling on termination of criminal prosecution on the same charge;

h) if there is a prosecutor's resolution on termination of criminal prosecution and/or investigation;

i) if the prosecutor has refused to prosecute in the cases provided for by this Code and in accordance with the established procedure;

j) due to voluntary abandonment of a crime (Article 21 of the Criminal Code of Georgia);

k) due to active repentance (the cases provided for by Articles 68 and 322 of the Criminal Code of Georgia and by the notes to Articles 164¹, 203, 221, 223, 223¹, 223³, 223⁴, 236, 260, 339, 339¹, 348¹, 371, 375, 388 and 389 of the same Code);

l) if the circumstances have changed.

2. In addition to the cases provided for by paragraph 1 of this Article, criminal prosecution shall not be initiated, and initiated prosecution shall be terminated, if:

a) the person has not reached the age from which criminal liability arises;

b) the person was insane at the time of committing the crime, which is confirmed by the conclusion of a forensic psychiatric examination;

c) the accused has died;

d) the act provided for by Article 286², 322¹, 344 or 362 of the Criminal Code of Georgia was committed by a person due to being a victim of a crime provided for by Article 143¹ and/or 143² of the Criminal Code of Georgia.

3. Criminal prosecution may also not be initiated or may be terminated if it contradicts the guiding principles of criminal policy.

4. (Removed - 12.06.2015, No. 3715).

5. (Removed - 12.06.2015, No. 3715).

6. (Removed - 12.06.2015, No. 3715).

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 30 May 2013 No. 662 – website, 24.06.2013

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013

Law of Georgia of 12 June 2015 No. 3715 – website, 24.06.2015

Law of Georgia of 18 April 2018 No. 2153 – website, 01.05.2018

Law of Georgia of 27 April 2021 No. 461 – website, 04.05.2021

Article 106. Decision on termination of investigation and/or criminal prosecution🔗

1. The decision on termination of investigation and/or criminal prosecution, except for the case provided for by paragraph 3 of this Article, shall be taken by the prosecutor by a resolution. The prosecutor shall send a copy of this resolution to the victim within 1 week after the decision is taken. Before issuing a resolution on termination of criminal prosecution through the exercise of discretionary powers, the prosecutor shall notify the victim thereof and shall draw up a record in accordance with the procedure established by paragraph 5¹ of Article 56 of this Code.

1¹. The victim shall have the right to appeal once the prosecutor's resolution on termination of investigation and/or criminal prosecution to a superior prosecutor. The decision of the superior prosecutor shall be final and shall not be subject to appeal, except where an especially grave crime has been committed, domestic violence provided for by Article 126¹ of the Criminal Code of Georgia, a domestic crime provided for by Article 111 of the same Code, or a crime which, in accordance with the Organic Law of Georgia "On the Prosecutor's Office", falls within the jurisdiction of the Prosecutor's Office of Georgia. In this case, if the superior prosecutor does not grant the complaint, the victim shall have the right to appeal the prosecutor's decision to the district (city) court at the place of investigation. The court shall issue a ruling within 15 days, with or without an oral hearing. The decision taken by the court shall not be subject to appeal.

2. The accused, his/her defence lawyer and the victim shall be notified of the decision indicated in paragraph 1 of this Article.

3. If criminal prosecution is terminated on the basis of subparagraph "b" of paragraph 2 of Article 105 of this Code, the prosecutor shall apply to the relevant court according to jurisdiction with a motion to take the decision provided for by paragraph 2 of Article 191 of this Code.

[4. A person against whom criminal prosecution has not been initiated or has been terminated on the basis of subparagraph "a" of paragraph 2 of Article 105 of this Code, and his/her defence lawyer shall be notified of the relevant decision within 1 week. They shall have the right to appeal once the prosecutor's resolution on refusal to initiate or on termination of criminal prosecution to the district (city) court at the place of investigation. The district (city) court shall issue a ruling within 5 days, with or without an oral hearing. The decision taken by the court shall not be subject to appeal. (shall enter into force from 1 May 2026)]

Law of Georgia of 24 July 2014 No. 2518 - website, 06.08.2014

Law of Georgia of 26 July 2014 No. 2539 - website, 06.08.2014

Law of Georgia of 21 July 2018 No. 3276 – website, 09.08.2018

Law of Georgia of 8 May 2019 No. 4604 - website, 08.05.2019

Law of Georgia of 20 September 2019 No. 5026 – website, 01.10.2019

Law of Georgia of 30 December 2021 No. 1314 – website, 13.01.2022

Judgment of the Constitutional Court of Georgia of 27 July 2023 No. 1/5/1355,1389 – website, 31.07.2023.

Law of Georgia of 24 June 2025 No. 697 – website, 25.06.2025.

Law of Georgia of 17 December 2025 No. 1263 – website, 25.12.2025.

Article 107. Appeal against a ruling on termination of criminal prosecution🔗

1. A ruling on termination of criminal prosecution may be appealed by the prosecutor.

2. The court is entitled to consider a complaint provided for by this Article without an oral hearing. In the case of an oral hearing, the court announces the operative part of the ruling.

3. A ruling issued in connection with a complaint provided for by this Article shall not be subject to appeal.

Article 108. Resumption of terminated criminal prosecution🔗

1. If a superior prosecutor has revoked a resolution on termination of criminal prosecution or the court has revoked a resolution/ruling on termination of criminal prosecution and the limitation period for bringing to criminal liability has not expired, the criminal prosecution shall be resumed. In this case, the Prosecutor General of Georgia or a person authorised by him shall assign to another prosecutor the obligation to resume the criminal prosecution and to carry out other prosecutorial activities.

2. The accused, his/her defence counsel and the victim shall be notified in writing of the resumption of the criminal prosecution.

Law of Georgia of 24 July 2014 No. 2518 – website, 06.08.2014.

Law of Georgia of 30 November 2018 No. 3814 – website, 13.12.2018.

Article 109. Joinder of criminal cases🔗

Joinder of criminal cases at the investigation stage shall be effected by a resolution of the prosecutor, and in court – by a ruling of the court on the basis of a motion of a party.

Article 110. Separation of a criminal case🔗

1. At the investigation stage, the prosecutor shall be entitled to separate a criminal case from a criminal case for separate proceedings.

2. In court, the separation of a criminal case from a criminal case for separate proceedings shall be effected by a ruling of the court on the basis of a motion of a party.

Article 111. General rule for conducting an investigative action🔗

1. The parties shall have equal rights and obligations when conducting an investigative action in accordance with the procedure established by this Code. The parties shall conduct an investigative action in accordance with the procedure and within the limits established by this Code. Upon a reasoned motion of the defence party, on the basis of a court ruling, an investigative action shall be conducted by an investigator who may not be the same person who is conducting the investigation of the given case. The investigator shall be selected by the head of the investigative body, and his identity and contact details shall be communicated to the defence party before the conduct of the investigative action requested by the motion. In this case, reimbursement of the expenses related to the conduct of the investigative action shall be borne by the accused, except where the accused submits to the court evidence proving his inability to reimburse these expenses. The defence party shall have the right to participate in the investigative action conducted at its request.

2. The right of the defence party to apply to the court by motion for the conduct of an investigative action shall not extend to the circumstances provided for by paragraph 5 of Article 112 of this Code. The defence party shall not have the right, without court permission, to conduct an investigative action for the conduct of which, in accordance with this Code, such permission is required.

3. Before the commencement of an investigative action, the person conducting the investigative action shall explain to the participants their rights and obligations and the rules for conducting the investigative action. The person conducting the investigative action shall be obliged to ensure the possibility for the participants to exercise their rights.

4. If the basis for conducting an investigative action is an investigator's resolution or a court ruling, the investigator shall notify the person for whom the execution of the resolution (ruling) is mandatory, which he shall confirm by signature.

5. Conducting an investigative action at night shall be inadmissible, except in case of urgent necessity. An investigative action shall be conducted within a reasonable time.

6. During the conduct of an investigative action, scientific and technical means and methods for the detection, recording and seizure of traces of a crime and material evidence may be used.

7. In case of resistance to the conduct of an investigative action, the use of a proportionate measure of coercion shall be permissible.

8. During the conduct of an investigative action, the use of surgical or other methods and means of medical examination that cause a sensation of severe pain shall be permissible only in exceptional cases with the consent of this person. If this person has not reached 16 years of age or is mentally ill, the consent of a parent, guardian or curator or a court ruling shall be required.

9. If the conduct of an investigative action requires special professional knowledge, the party shall conduct it with the participation of an expert. If the investigative action involves undressing, at the request of the person to be examined, the expert and the party shall be of the same sex as the person to be examined.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013

Article 112. Investigative action conducted by court ruling🔗

1. An investigative action that restricts private property, possession or the inviolability of private life shall be conducted on the basis of a party's motion by a court ruling. The judge shall decide on the motion without an oral hearing no later than 24 hours after the motion and the information necessary for its consideration are submitted. The judge is entitled to consider the motion with the participation of the party that filed the motion. In this case, the rule provided for by Article 206 of this Code shall be applied when considering the motion. The consent of a co-owner or co-possessor or one party to communication shall be sufficient to conduct the investigative action provided for by this paragraph without a court ruling.

2. The court ruling shall state: the date and place of its drawing up; the judge's first name and surname; the person who applied to it by motion; the order to conduct the investigative action, with an exact indication of what its essence is and to whom it extends; the term of validity of the ruling; the person or body that must execute the ruling; the judge's signature.

3. A search or seizure ruling shall also state: the immovable and movable property where the investigative action is permitted to be conducted, and the natural or legal person who possesses it (if his/her identity is known); the natural person whose personal search is also to be conducted; the presumed object, thing, substance or other item to be discovered and seized during the search or seizure and its generic characteristics; the right to use proportionate measures of coercion in the event of resistance. A search or seizure ruling (except a ruling issued within the framework of international cooperation in the criminal law sphere) shall be invalid if this investigative action has not been started within 30 days.

3¹. A ruling on the request of a document or information from a computer system or a computer data storage medium shall also state: the natural or legal person from whom the information existing in the computer system or computer data storage medium is to be requested (if his/her identity is known); by generic characteristic − the computer system or computer data storage medium from which the computer data is to be requested; the presumed document or information to be requested from the computer system or computer data storage medium; the right to use proportionate measures of coercion in the event of resistance. A ruling on the request of a document or information from a computer system or a computer data storage medium (except a ruling issued within the framework of international cooperation in the criminal law sphere) shall be invalid if this investigative action has not been started within 30 days.

4. The ruling on the seizure and retrieval of a message transmitted by technical means of communication shall also state: the name and surname of the person to whom the message to be seized is sent; the name and surname and address of the sender (if known); the type of the seized message; the term of the seizure; the name of the institution responsible for retaining the message; the investigator's right to inspect and retrieve the message.

5. The investigative action provided for by the first paragraph of this Article may, in case of urgent necessity, when delay may cause the destruction of factual data important for the investigation, or when delay would make it impossible to obtain the said data, or when an object, document, substance or other object containing information necessary for the case is discovered during the conduct of another investigative action (if discovered only as a result of a superficial inspection), or when there is a real threat to life or health, be conducted also without a court ruling, of which the prosecutor shall notify the judge in whose territorial jurisdiction the said investigative action was conducted, or the judge at the place of investigation, within 24 hours from the commencement of the investigative action, and shall submit the materials of the criminal case (or copies thereof) substantiating the necessity of conducting the investigative action urgently. The judge shall decide the motion without an oral hearing no later than 24 hours after receipt of the materials. The judge is entitled to consider the motion with the participation of the parties (if criminal prosecution has been initiated) and of the person against whom the investigative action was conducted. When considering the motion, the judge verifies the lawfulness of the investigative action conducted without a court judgment. The judge is entitled to summon the person who conducted the investigative action without a court ruling in order to give explanations. In this case, when considering the motion, the rule provided for by Article 206 of this Code shall apply.

6. After consideration of the materials, the court issues a ruling:

a) on declaring the conducted investigative action lawful;

b) on declaring the conducted investigative action unlawful and the obtained information inadmissible evidence.

7. The court is entitled to consider a motion on the matters provided for by this Article without an oral hearing.

8. A court ruling issued on the basis of this Article may be appealed in accordance with the procedure provided for by Article 207 of this Code. The time limit for appealing the ruling shall be counted from the enforcement of the ruling.

(The normative content of paragraph 8 of Article 112 was declared invalid, according to which, within the framework of Article 112 of the Criminal Procedure Code of Georgia, the time limit for appealing a court ruling on the lawfulness of an investigative action conducted due to urgent necessity shall be counted from the enforcement of the ruling) - Decision No. 1/4/1597 of the Constitutional Court of Georgia of 4 June 2025 – website, 06.06.2025.

Law of Georgia No. 3616 of 24 September 2010 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia No. 4631 of 5 May 2011 - website, 19.05.2011.

Law of Georgia No. 6549 of 22 June 2012 – website, 04.07.2012.

Law of Georgia No. 665 of 21 April 2017 - website, 10.05.2017.

Law of Georgia No. 1575 of 24 May 2022 – website, 06.06.2022.

Decision No. 1/4/1597 of the Constitutional Court of Georgia of 4 June 2025 – website, 06.06.2025.

Article 113. Rule of questioning🔗

1. Any person who may possess information important for the case may be questioned voluntarily by the parties. It is inadmissible to compel the person to be questioned to present evidence or provide information.

2. The person to be questioned has the right, at his/her own expense, to benefit from the services of a lawyer, and not to provide information against himself/herself and/or a close relative. The party conducting the questioning shall, before the start of the questioning, provide the person to be questioned with an explanation of these rights, as well as the rights provided for by Article 50 of this Code.

3. Before questioning, the identity of the person to be questioned and other necessary information shall be established. This information shall be noted in the record of questioning.

4. The party conducting the questioning is obliged to explain to the person to be questioned that the questioning is voluntary. The explanation shall be noted in the record of questioning.

5. The person to be questioned, both in case of consent to questioning and in case of refusal, is obliged to provide the questioner with correct information about his/her personal data.

6. The person to be questioned, in case of consent to questioning, is obliged to provide the party conducting the questioning with correct information about circumstances known to him/her related to the case. When assessing the reliability of information provided by the person to be questioned, along with other circumstances, his/her ability to correctly perceive, remember and recall circumstances important for the case shall be taken into account.

7. The party conducting the questioning is obliged to warn the person to be questioned in writing about the expected criminal liability for false denunciation (the crime provided for by Article 373 of the Criminal Code of Georgia) and for providing false information (the crime provided for by Article 370 of the Criminal Code of Georgia). The warning shall be noted in the record of questioning.

8. In case of refusal by the person to be questioned to be questioned, the party is authorized to explain to the person to be questioned that he/she may be summoned to a magistrate judge to give testimony, that giving testimony is mandatory and failure to fulfill this obligation will entail criminal liability of the person to be questioned. This information shall be noted in the record.

9. During questioning, technical means of audio and/or video recording may be used. The person to be questioned shall be informed in advance about their use.

10. If this Code does not establish a different rule for the accused from the provisions of this Article, the provisions of this Article shall also apply to the accused.

11. The prosecutor or, with the prosecutor's consent, the investigator is authorized to question remotely, using electronic means, a person located in the territory of a foreign state without sending a request for legal assistance, if questioning of a person in such a manner is permitted by the relevant international treaty of Georgia, by the law of the state of location of this person and/or by the clearly established practice of this state.

12. Questioning of a person under the procedure established by paragraph 11 of this Article shall be inadmissible if the person to be questioned has not expressed direct and explicit consent to the questioning.

13. Under the procedure established by paragraphs 11 and 12 of this Article, it is also possible to interrogate a person at the investigation stage.

Law of Georgia of 18 December 2015 No. 4677 – website, 29.12.2015.

Law of Georgia of 20 July 2018 No. 3157 – website, 06.08.2018.

Law of Georgia of 20 March 2020 No. 5862 – website, 23.03.2020.

Law of Georgia of 21 February 2024 No. 4046 – website, 07.03.2024.

Article 114. Rule for questioning a person as a witness during investigation🔗

1. At the investigation stage, upon the motion of both the prosecution and the defence, according to the place of investigation or the location of the witness, a person may be questioned as a witness before a magistrate judge if:

a) there is a real threat of the destruction of his life or deterioration of his health, which may prevent his questioning as a witness in court during the substantive examination of the case;

b) he is leaving Georgia for a long time;

c) obtaining from other sources the evidence necessary for bringing the case to court for substantive examination requires unreasonable effort;

d) this is necessary in connection with the application of a special protection measure.

2. Upon the motion of the prosecution, according to the place of investigation or the location of the witness, a person to be interviewed may also be questioned as a witness before a magistrate judge if there is a fact and/or information that would satisfy an objective person to conclude the fact of the possible possession by the person of information necessary for establishing the circumstances of the criminal case, and this person refuses to be interviewed. The defence shall enjoy the same right in accordance with the procedure established by this Code.

2¹. Upon the motion of the defence, according to the place of investigation or the location of the witness, a person to be interviewed may also be questioned as a witness before a magistrate judge if there is a fact and/or information that would satisfy an objective person to conclude the fact of the possible possession by the said person of information necessary for establishing the circumstances of the criminal case, and the questioning of this person is important for the defence, and at the same time, this person refuses to be interviewed.

2². The right of the defence provided for by paragraph 2¹ of this Article shall not apply to:

a) an employee of the body carrying out a covert investigative action / his superior official, in connection with a covert investigative action carried out/to be carried out;

b) an employee of the body carrying out an operative-search measure / his superior official / a person involved in carrying out an operative-search measure, in connection with an operative-search measure carried out/to be carried out;

c) a prosecutor, an investigator, their superior official, in connection with an action carried out/to be carried out under this Code.

3. Giving testimony before a magistrate judge in accordance with the procedure established by this Article is mandatory. Refusal to give testimony entails the criminal liability of the person. This rule shall not apply in the case provided for by subparagraph “b” of paragraph 15 of this Article.

4. In the case provided for by paragraph 2 of this Article, the prosecutor shall take a decision on the expediency of filing a motion for the questioning of a person as a witness before a magistrate judge. The prosecutor is entitled to apply to the magistrate judge with a motion himself or to instruct the investigator to apply with a motion.

5. In the cases provided for by this Article, a party shall file a motion with the magistrate judge according to the place of investigation or the witness's location. The motion shall indicate the witness's first name, last name, address and other information necessary for identification of the person, as well as the grounds for questioning this person as a witness before the magistrate judge. In the case provided for by paragraph 2¹ of this Article, the motion of the defence party must also contain reasoning that the questioning of the person to be questioned before the magistrate judge is important.

6. The magistrate judge shall consider the motion without an oral hearing. If the motion is granted, the questioning of the witness shall begin within a reasonable time, but no later than 24 hours after the motion is filed with the court. This time limit may be extended by a judgment of the magistrate judge if the witness, within the established time limit, is unable to appear in court for a valid reason. It shall be inadmissible to question a witness at night. Questioning that has begun shall be terminated immediately upon the onset of night and postponed to the next day.

7. In the case of refusal to grant the motion, the magistrate judge shall issue a reasoned ruling and shall send/transmit it to the party initiating the questioning. The ruling on refusal to grant the motion may be appealed once, within 24 hours of its issuance, to the Investigative Chamber of the Court of Appeal. A judge of the Investigative Chamber of the Court of Appeal shall consider the appeal alone, no later than 24 hours after its submission. If the appeal is granted, the ruling of the judge of the Investigative Chamber of the Court of Appeal shall be immediately sent to the author of the appeal and to the magistrate judge who issued the appealed ruling. In this case, the questioning of the witness before the magistrate judge shall begin within a reasonable time, but no later than 24 hours after the ruling of the judge of the Investigative Chamber of the Court of Appeal is transmitted to the magistrate judge. This time limit may be extended by a judgment of the magistrate judge if the witness, within the established time limit, is unable to appear in court for a valid reason.

8. If the motion provided for by this Article is granted, the court shall summon the person to be questioned as a witness by notice, telephone or other technical means of communication. The notice/other notification on the summons shall indicate who is summoned, for what purpose, to whom and at what address, the exact time when he/she must appear, as well as what consequences follow failure to appear without a valid reason. In the case of the witness's failure to appear, the rule established by Article 149 of this Code shall apply. In this case, the time limits established by paragraphs 6 and 7 of this Article shall not apply. The questioning of the witness shall begin immediately upon his/her being brought in, within a reasonable time. The party initiating the questioning is entitled, with the written consent of the person to be questioned as a witness, to itself ensure his/her presentation to the magistrate judge.

9. In the cases provided for by subparagraphs „a“–„d“ of the first paragraph of this Article, by paragraphs 2 and 2¹ and by subparagraph „b“ of paragraph 15, the interrogation of a person as a witness is conducted with the participation of the parties. If the party initiating the interrogation fails to appear, the witness shall not be interrogated. The failure of the other party to appear does not hinder the conduct of the interrogation. Proceeding from the interests of justice and/or for the purpose of protecting the life, health, property, private life of a participant in the criminal proceedings, upon a reasoned motion of a party and by a judgment of a magistrate judge, the interrogation of a witness may be conducted without prior notification and presence of the other party. In this case, the testimony given by the witness is inadmissible evidence at the trial of the case on the merits in court, if it is possible to re-interrogate him/her.

10. (Removed - 20.03.2020, No. 5862)..

11. A witness has the right to use the services of a lawyer at his/her own expense.

12. In the cases provided for by this Article, the interrogation of a witness is conducted at a closed court hearing, in accordance with the procedure established by Article 115 of this Code. When a person is interrogated as a witness before a magistrate judge, the restriction provided for by paragraph 4 of Article 115 of this Code shall not apply.

13. Immediately upon completion of the interrogation of a witness, the magistrate judge shall ensure that the testimony given by him/her in court is transmitted to the party initiating the interrogation both in written and electronic form.

14. A party is entitled to file a motion at the pre-trial hearing before a magistrate judge to declare the testimony of a person interrogated as a witness inadmissible evidence, if it considers that this person was interrogated as a witness before the magistrate judge in substantial violation of the law.

15. At the investigation stage, depending on the location of the person to be interrogated, a person may also be interrogated before a magistrate judge, if:

a) on the basis of the terms of an international treaty of Georgia, an individual agreement or reciprocity, a motion of a competent authority of a foreign state for the provision of legal assistance has been received;

b) the person to be interrogated has been summoned in accordance with the procedure established by Article 7 of the Law of Georgia “On International Cooperation in the Criminal Sphere”.

16. The provisions of this Article shall not apply to the accused.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 7 December 2010 No. 3891 - LHG I, No. 67, 09.12.2010, Art. 418

Law of Georgia of 28 October 2011 No. 5170 - website, 11.11.2011.

Law of Georgia of 18 December 2015 No. 4677 - website, 29.12.2015.

Ruling of the Constitutional Court of Georgia of 24 October 2019 No. 2/12/1237 – website, 29.10.2019.

Law of Georgia of 20 March 2020 No. 5862 – website, 23.03.2020.

Article 115. General rule of questioning🔗

1. Before the questioning begins, the court establishes the identity of the witness. After the witness has taken the oath, the court explains to the witness what rights and obligations he/she has, in what case he/she has been summoned, that he/she is obliged to state everything he/she knows in connection with the case, and warns him/her about criminal liability for refusal to give testimony and for giving false testimony, and also explains that he/she is not obliged to give testimony incriminating himself/herself or a close relative. The court also establishes what relationship the witness has with the accused and the victim.

2. Immediately upon the commencement of the questioning, the party initiating the summons shall offer the witness to state everything he/she knows in connection with the case. When giving an answer, interrupting him/her shall not be permitted, but if the person being questioned speaks about circumstances that clearly do not relate to the case, the judge, upon a party's motion, may stop him/her. Thereafter, in order to supplement and clarify his/her testimony, the person being questioned may be asked questions by the initiator of the questioning in accordance with Article 244 of this Code. After the completion of the direct examination, the opposing party is entitled to conduct cross-examination of the witness in the manner provided for by Article 245 of this Code.

3. A witness may be questioned only about a circumstance that is relevant to the case.

4. A question about a criminal record may be put to a witness if it is necessary to establish the witness's credibility.

5. If a witness has difficulty describing verbally an event that he/she witnessed, he/she may formulate his/her testimony in another symbolic form, namely, in the form of a drawing, a diagram, a sketch or another similar form.

6. During questioning, a witness may use a document, a record or another object containing information.

7. The parties may demand from the person being questioned a document, a record or another object containing information that he/she used during the questioning, and after examination return it to him/her or attach it to the case.

8. During questioning, the parties may present to the witness an item, a document or another object containing information attached to the case.

9. A person participating in an operative-search measure or a covert investigative action, who cooperates with the investigation body and whose identity is concealed by a decision of the prosecutor, shall be questioned as a witness remotely, in such a manner as to preserve the possibility of his/her identification and/or recognition by the defence party.

Law of Georgia of 18 December 2015 No. 4677 – website, 29.12.2015.

Law of Georgia of 2 July 2025 No. 923 – website, 03.07.2025.

Article 116. (repealed)🔗

Law of Georgia of 11 December 2013 No. 1729 – website, 25.12.2013.

Law of Georgia of 12 June 2015 No. 3715 – website, 24.06.2015.

Article 117. Questioning/interrogation of a person with limited capabilities and/or a seriously ill person🔗

1. The questioning/interrogation of a person with limited capabilities shall be conducted taking into account the corrections corresponding to the limitation, in order to ensure the effective exercise of his/her role of direct and indirect participant.

2. The questioning/interrogation of a deaf and hard-of-hearing person shall be conducted with the participation of an interpreter proficient in sign language (sign language interpreter). If the person to be questioned is deaf, questions may be put to him/her in writing, and if he/she is mute, he/she may give answers to questions in writing.

3. The questioning/interrogation of a seriously ill person shall be conducted with the doctor's permission and, if necessary, in his/her presence.

Law of Georgia of 18 December 2015 No. 4677 – website, 29.12.2015.

Law of Georgia of 14 July 2020 No. 6842 – website, 28.07.2020.

Article 118. Interrogation of a witness during the hearing of the case on the merits🔗

1. The prosecution party shall begin the interrogation of a prosecution witness, the defence party shall continue, and vice versa.

2. A witness shall be interrogated separately from those witnesses who have not yet been interrogated. At the same time, the court shall take measures to ensure that witnesses summoned in one case do not communicate with each other until the interrogation is completed. After the completion of the interrogation, the judge shall explain to the witness the right to attend the court hearing.

3. A witness who cannot appear in court for interrogation due to the existence of a circumstance provided for by subparagraphs „a“, „b“ or „d“ of paragraph 1 of Article 114 of this Code shall not be interrogated. In this case, the person's pre-trial testimony shall be read out at the hearing of the case on the merits. This testimony alone may not be used as a basis for a conviction unless it is confirmed by other evidence proving the person's guilt.

Law of Georgia of 7 December 2010 No. 3891 – LHG I, No. 67, 09.12.2010, Art. 418

Law of Georgia of 24 July 2014 No. 2518 – website, 06.08.2014.

Law of Georgia of 18 December 2015 No. 4677 – website, 29.12.2015.

Article 118¹. Restriction of identification of a person🔗

1. The prosecutor is entitled, with the consent of the Prosecutor General of Georgia or his/her deputy, to conceal the identity of a person participating in an operative-investigative measure or covert investigative action who cooperates with the investigation body, if disclosure of his/her identity harms the safety of this person and/or substantially infringes the interests of justice.

2. The prosecution party shall ensure that in all documents and materials reflecting the investigative action, as well as in other procedural actions, the identity of the person is concealed in such a manner as to restrict the possibility of identifying and recognizing him/her.

3. Notwithstanding the decision taken by the prosecutor on restricting the identification of a person participating in an operative-investigative measure or covert investigative action, the identity of this person shall not be concealed at any stage of criminal proceedings from the judge, from the body conducting criminal prosecution in the case, from the investigation body, from the body conducting the operative-investigative measure and covert investigative action, as well as, in the part concerning the conduct of the covert investigative action — from the State Audit Office, in the exercise of the powers conferred on it by the legislation of Georgia.

Law of Georgia of 2 July 2025 No. 923 – website, 03.07.2025.

Law of Georgia of 17 December 2025 No. 1300 – website, 23.12.2025.

Article 118². Time limit for the application of the restriction of identification of a person🔗

1. The restriction of identification of a person participating in an operative-investigative measure or covert investigative action may be applied for an indefinite period.

2. The prosecutor is entitled, at any stage of the consideration of a criminal case, with the consent of the Prosecutor General of Georgia or his/her deputy, by a reasoned decision, to revoke the restriction of identification of a person.

Law of Georgia of 2 July 2025 No. 923 – website, 03.07.2025.

Article 119. Purpose and Grounds for Seizure and Search🔗

1. If there is reasonable suspicion, seizure and search shall be conducted for the purpose of discovering and seizing an item, document, substance or other object containing information that is relevant to the case.

2. A search may also be conducted to find a wanted person and a corpse.

3. An item, document, substance or other object containing information that is relevant to the case may be seized if there is reasonable suspicion that it is kept at a certain place, with a certain person, and that searching for it is not necessary.

4. In order to seize an item, document, substance or other object containing information that is relevant to the case, a search may be conducted if there is reasonable suspicion that it is kept at a certain place, with a certain person, and that a search is necessary to find it.

(The normative content of the first and fourth paragraphs of Article 119 and the first paragraph of Article 121, which considers the result of a search as one of the grounds for the creation of the reasonable suspicion necessary for a search, was declared invalid) - Decision of the Constitutional Court of Georgia No. 2/2/1276 of 25 December 2020 – website, 30 December 2020.

Decision of the Constitutional Court of Georgia No. 2/2/1276 of 25 December 2020 – website, 30 December 2020.

Article 120. Rule of seizure and search🔗

1. On the basis of a court ruling on conducting a seizure or search, and in case of urgent necessity – a resolution of the investigator, the investigator has the right to enter a storage, premises, repository or other possession in order to find and seize an object, document, substance or other object containing information.

2. Before starting a seizure or search, the investigator shall present the court ruling, and in case of urgent necessity – the resolution, to the person with whom the seizure or search is conducted. The person confirms familiarization with the ruling (resolution) by signature.

3. The investigator has the right to prohibit persons present at the place of seizure or search or who have arrived there, until the completion of the seizure or search, from leaving, communicating with each other or with another person, which shall be noted in the protocol.

4. After presentation of the ruling, and in case of urgent necessity – the resolution, the investigator offers the person with whom the seizure or search is conducted to voluntarily surrender the object, document, substance or other object containing information to be seized. In case of voluntary surrender of the object to be seized, this fact shall be recorded in the protocol, and in case of refusal of its voluntary surrender or its incomplete surrender, the seizure shall be carried out by force.

5. During a search, the object, document, substance or other object containing information specified in the ruling or resolution shall be found and seized. Also, all other objects containing information that may have evidentiary significance for this case or that clearly indicate another crime, as well as an object, document, substance or other object containing information withdrawn from civil circulation, shall be seized.

6. The object, document, substance or other object containing information discovered during a search or seizure, if possible, shall be presented before seizure to the persons participating in this investigative action, then shall be seized, described in detail, sealed and, if possible, packaged. On the packaged item, in addition to the seal, the date and signatures of the persons who participated in the investigative action shall be indicated. A document whose seizure is carried out because of its content shall not be sealed.

7. When conducting a seizure or search, the investigator has the right to open a locked storage, premises and repository, if the person to be searched refuses to open them voluntarily.

8. A personal search of a person present at the place of search and/or seizure shall be permissible if there is a reasoned assumption that he/she has hidden the object, document, substance or other object containing information to be seized. Such a case shall be considered urgent necessity and the personal search shall be conducted without a court ruling. The lawfulness of the search and/or seizure shall be verified by the court in accordance with the procedure provided for by this Code.

9. A seizure or search in the building of a legal entity or administrative body shall be conducted in the presence of its head or representative.

10. The prosecution shall have the right, in accordance with the procedure established by this Code, to conduct an initial examination of an object, document, thing, substance or other object containing information obtained on the basis of a motion by the defence.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 22 June 2012 No. 6549 – website, 04.07.2012

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013

Law of Georgia of 19 February 2015 No. 3090 – website, 06.03.2015

Judgment of the Constitutional Court of Georgia of 14 December 2018 No. 1/4/809 – website, 20.12.2018

Law of Georgia of 17 October 2019 No. 5186 – website, 23.10.2019

Article 121. Personal search🔗

1. A prosecutor, an investigator or a person vested with the authority to arrest shall have the right, where there is a reasonable assumption, to remove by personal search, in accordance with the procedure provided for by Article 120 of this Code, an object, document, substance or other object containing information that is of significance to the case and that is found on the person's clothing, in a thing in his/her possession or in a means of transport, on the body or in the body.

(The normative content of the first and fourth paragraphs of Article 119 and of the first paragraph of Article 121, which treats the result of a search as one of the grounds for creating the reasonable assumption necessary for a search, was declared invalid) – Judgment of the Constitutional Court of Georgia of 25 December 2020 No. 2/2/1276 – website, 30.12.2020

2. If there is a reasonable assumption that the arrested person has a weapon or intends to dispose of evidence incriminating him/her in the commission of a crime, the official carrying out the arrest shall have the right, in accordance with the procedure provided for by this Code, to conduct a personal search without a court ruling, which shall be noted in the arrest report. In this case, no report on the personal search shall be drawn up. The lawfulness of the personal search shall be verified by the court in accordance with the procedure provided for by this Code.

3. The natural person carrying out the arrest shall be entitled to disarm the arrested person.

4. If a personal search is accompanied by undressing, it shall be conducted by a person of the same sex. In this case, only the participation of persons of the same sex shall be permitted.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 22 June 2012 No. 6549 – website, 04.07.2012

Judgment of the Constitutional Court of Georgia of 25 December 2020 No. 2/2/1276 – website, 30.12.2020

Article 122. Seizure and search in the building of a diplomatic mission and at a diplomatic representative🔗

1. On the territory of a diplomatic mission, in a building and vehicle occupied by a person enjoying diplomatic immunity, as well as by his and/or his family member, seizure or search shall be permissible only with the consent or at the request of the head of that diplomatic mission.

2. In order to conduct seizure or search, the consent of the head of the diplomatic mission shall be requested through the Ministry of Foreign Affairs of Georgia.

3. In the case provided for by paragraph 1 of this Article, the attendance of a representative of the Ministry of Foreign Affairs of Georgia shall be mandatory when conducting seizure or search.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Article 123. Search, seizure and attachment in the editorial office of a media outlet, a publishing house, in the premises of scientific, educational, religious, public organizations and political parties🔗

1. It shall be inadmissible to search, seize and/or attach an object, document, substance or other scientific, educational object containing information, located in the editorial office of a media outlet, a publishing house, in the premises of a scientific, educational, religious, public organization and a political party, in respect of which there is a reasonable expectation of public dissemination.

2. The prohibition provided for by paragraph 1 of this Article shall not apply to a case where there is a reasoned assumption that the object, document, substance or other object containing information to be seized is the subject or instrument of a crime.

3. The court shall be entitled to issue a ruling on search, seizure and/or attachment only in a case where there is clear and convincing reasoning that the conduct of the said investigative action will not result in the infringement of the right to freedom of speech, thought, conscience, religion, belief or association protected by the Constitution of Georgia. This investigative action shall be conducted in an effective form that least restricts these rights and freedoms.

Article 124. Return of a seized object🔗

1. If a seized object, document, substance or other object containing information has not been submitted as evidence to the court by a party, it shall, as a rule, be returned to the person from whom it was seized.

2. If a third person asserts a claim in relation to an object, document, substance or other object containing information returned in accordance with this Article, the dispute shall be considered under civil procedure.

Article 124¹. Monitoring of Bank Accounts🔗

1. If there is a reasoned assumption that a person carries out a criminal act using a bank account/accounts, and/or for the purpose of searching/identifying property subject to seizure, the prosecutor is entitled, with the consent of the Prosecutor General of Georgia or his/her deputy, to apply to the court at the place of investigation with a motion on issuing a ruling on the monitoring of bank accounts, by which the bank is obliged to cooperate with the investigation and to provide it, in a continuous regime, with information on the operations carried out on one or several bank accounts.".

2. The information indicated in the first paragraph of this article shall be communicated to the body conducting the criminal case immediately upon the execution of the operation.

3. In the case of transfer and/or withdrawal of funds from a bank account, the information shall be communicated to the body conducting the case before the execution of the operation.

4. The term of monitoring of bank accounts shall not exceed the term necessary for obtaining evidence in the criminal case.

5. The motion provided for by the first paragraph of this article shall be considered by the court in accordance with the procedure established by Article 112 of this Code.

Law of Georgia of 28 October 2011 No. 5170 – website, 11.11.2011.

Law of Georgia of 30 November 2018 No. 3814 – website, 13.12.2018.

Article 125. Inspection🔗

1. For the purpose of discovering traces of a crime, material evidence, clarifying the circumstances of the incident and other circumstances important for the criminal case, a party has the right to inspect the scene of the incident, a repository, a parking place, a storage room, a corpse, an object, a document or another object containing information.

2. If the inspection concerns private property, it shall be conducted by a court ruling. A court ruling is not necessary when the party conducts the inspection in a case of urgent necessity or the owner (possessor) expresses consent in writing. A court ruling is also not required for the inspection of publicly available information, document or data.

Law of Georgia of 24 May 2022 No. 1575 – website, 06.06.2022.

Article 126. General rule of inspection🔗

1. An item, document, substance or other object containing information discovered during an inspection shall, if possible, before seizure be presented to the persons participating in this investigative action, then be seized, described in detail, sealed and, where possible, packaged. On the packaged item, in addition to the seal, the date and the signatures of the persons who participated in the investigative action shall be indicated. A person participating in the inspection shall have the right to draw the party's attention to anything that, in his/her opinion, may facilitate the discovery of circumstances relevant to the case.

2. If a long time or additional technical means are required to inspect the seized item, document, substance or other object containing information, the investigative action may be continued at the place of conducting the investigation.

3. Inspection may be conducted with technical means, if this does not cause destruction or damage to the item, document, substance or other object containing information or to traces on it.

Article 127. Inspection of the scene and other place🔗

1. Inspection of the scene shall be conducted where the crime occurred or its traces were discovered. Until the inspection is completed, the scene shall be protected.

1¹. In cases of crimes provided for by Articles 276 and 281 of the Criminal Code of Georgia, when there is a danger of destruction, loss or damage of evidence, the authorised official ensuring the protection of the scene may, before the start of the inspection of the scene, record and preserve the evidence using a technical means.

2. In the event of the necessity of conducting an inspection in a residential or office premises or in a closed territory against the will of the persons in possession, the party applies to the court with a motion. The court, where the ground provided for by Article 112 of this Code exists, issues a ruling to conduct the inspection. The ruling shall be presented against signature to the person in whose apartment the inspection is conducted, and if the inspection is conducted in the possession of a legal entity or an administrative body – to its head or representative.

3. In case of urgent necessity, the investigative action provided for by this Article may be conducted in accordance with the procedure provided for by paragraph 5 of Article 112 of this Code.

Law of Georgia of 2 March 2012 No. 5743 – website, 09.03.2012.

Article 128. Examination of a corpse🔗

1. The external examination of a corpse shall be conducted by a party with the participation of an expert.

2. Dactyloscopy of an unidentified corpse and the taking of a sample for expert examination (including the taking of a biological sample and the storage of the DNA genetic profile in the DNA database) shall be mandatory.

3. The burial or cremation of an unidentified corpse without the prosecutor's permission shall be inadmissible, except where human life or health is endangered.

4. The transfer of an unclaimed corpse and/or an unidentified corpse for the purposes of educational and/or scientific research to educational and scientific institutions, as well as to a medical and/or expert institution, shall be carried out with the prosecutor's permission, which shall be handed over for execution to the body conducting the investigation.

Law of Georgia of 18 April 2018 No. 2157 – website, 04.05.2018.

Law of Georgia of 4 March 2025 No. 344 – website, 06.03.2025.

Article 129. Purpose of conducting an investigative experiment🔗

In order to verify the received information (testimony) and a version that arose in the course of the investigation, a party shall have the right to conduct an investigative experiment.

Article 130. Rule for conducting an investigative experiment🔗

1. An expert may be invited to participate in an investigative experiment. Other persons may be involved in carrying out the test actions.

2. A person whose information (testimony) is to be verified may be invited to participate in the investigative experiment. The parties shall have the right to participate in the investigative experiment. The participant of the investigative experiment shall be made aware of the purpose and the rule for conducting the experiment.

3. If the investigative experiment is conducted in order to reconstruct the circumstance under investigation, it shall correspond to the information (testimony) or version being verified. The person whose information (testimony) is being verified shall be offered to reconstruct the situation of the incident in which he himself was a participant or an eyewitness. Where necessary, the investigative experiment shall be conducted more than once.

4. The investigative experiment shall be brought as close as possible to the situation in which the incident to be reconstructed occurred.

5. If the investigative experiment is conducted for the purpose of verifying information (testimony) at the scene, the party, in the presence of all participants of the investigative action, shall read out the information (testimony) being verified and shall offer the person giving the information (testimony) to confirm or clarify the information (testimony) given, which is accompanied by a demonstration of certain actions and the clarification of the information (testimony) given by him.

6. The simultaneous verification at the scene of the information (testimony) of several persons shall be inadmissible.

7. The person whose information (testimony) is being verified at the scene shall give an explanation without interference by others, without prompting and leading questions.

8. A participant of the investigative action may ask questions, request the repetition of the action, participate in the examination of a discovered object, document, trace or other object containing information, and draw the attention of the party and other participants to circumstances which, in his opinion, are important for the case.

Article 131. Presentation of a person and an object for identification🔗

1. During investigation, presentation for identification shall be conducted with the consent of the identifying person.

2. Before presentation for identification, the identifying person shall have been questioned/interrogated in accordance with the procedure established by this Code regarding the individual and generic characteristics of the object to be identified and the circumstances in which he/she had contact with the object to be identified. During identification, the identifying person shall explain by what characteristics he/she identified the object to be identified.

3. The object to be identified shall be presented to the identifying person together with not fewer than 2 other persons of the same sex who do not differ sharply from each other and from the object to be identified in appearance and clothing.

4. The object to be identified shall be presented to the identifying person together with not fewer than 2 other homogeneous items. The identifying person is offered to indicate the object that he/she is able to identify and to explain by what characteristics he/she identified it.

5. When it is impossible to present the object to be identified to the identifying person for identification or this is associated with unreasonable effort, identification may be conducted by photograph. In such case, not fewer than 3 other photographs shall be presented to the identifying person, the objects depicted in which do not differ sharply from each other and from the object to be identified. Photographs may be presented for identification in electronic form.

6. Identification shall not be conducted, and identification that has been conducted is inadmissible evidence, if the identifying person indicates such characteristics as are not sufficient for identification of the object to be identified, or if the object to be identified was pointed out to the identifying person.

7. Repeated identification of the object to be identified by the identifying person is inadmissible, except for the case where the previous identification was conducted by photograph.

8. When identifying a corpse, a part thereof, as well as an object for which it is impossible to select an analogue, identification shall be conducted based on only 1 object to be identified.

9. Conducting identification is not necessary if the identifying person names the personal data of the person to be identified by which his/her precise identification is possible.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 22 June 2012 No. 6549 – website, 04.07.2012

Law of Georgia of 18 December 2015 No. 4677 - website, 29.12.2015

Article 132. Grounds and purpose of exhumation🔗

1. In order to establish circumstances important for the case, on the basis of a motion of a party, exhumation (removal of a corpse from a grave) may be conducted by a ruling of the court.

2. A party shall apply with a motion to the magistrate judge at the place of investigation, who shall consider it without an oral hearing within 48 hours of its filing. The ruling of the court shall not be subject to appeal.

3. The ruling on exhumation is binding on the administration of the burial place (if such exists), the relatives of the deceased and other persons.

Article 133. Rule of exhumation🔗

1. Exhumation shall be conducted by a party in accordance with the procedure provided for by paragraph 1 of Article 112 of this Code, on the basis of a court ruling according to the place of investigation, with the participation of a representative of the administration of the burial place (if such exists). An expert shall participate in the exhumation. The participation of a prosecutor in this investigative action shall be mandatory.

2. The relatives of the deceased shall have the right to attend the exhumation.

Article 134. General provisions on the record of an investigative action🔗

1. The record of an investigative action shall be drawn up directly during the course of the investigative action or immediately upon its completion.

2. The record of an investigative action may be written by hand or made by technical means.

3. The record of an investigative action shall indicate: the place and date of the investigative action; the time of its commencement and completion; the conditions of the investigative action; the position and surname of the person who conducted the investigative action; the names and surnames of the participants of the investigative action, and, where necessary, their addresses as well. The record shall set out the circumstances essential to the case, as well as the statements and remarks of the participants of the investigative action.

4. If, during the investigative action, recording by any technical means of sound and/or image was used, a trace impression or a stamp was made, a drawing or a scheme was prepared, the record of the investigative action shall indicate the technical characteristics of the technical means used, the conditions of their use and the results obtained. The participants of the investigative action shall be informed in advance about the use of technical means and this shall be noted in the record. The material containing the information indicated in this paragraph shall be sealed, confirmed by the signatures of the participants of the investigative action and attached to the case.

5. After being drawn up, the record of the investigative action shall be presented for review to all participants of the investigative action. They shall also be explained that they have the right to make a remark, addition or correction, which shall be reflected in the record. All remarks, additions and corrections entered in the record shall be confirmed by the respective signature.

6. The record of the investigative action shall be signed by all participants of the investigative action. If a participant of the investigative action refuses to sign the record, a note on this fact shall be made in the record, which shall be confirmed by signature by the person conducting the investigative action. The person who refuses to sign the record shall be given the opportunity to explain the reason for refusing to sign the record, which shall also be noted in the record. If a participant of the investigative action is unable to sign the record due to a physical defect or state of health, an outside person shall be invited, who shall confirm the record by signature in his/her stead.

Law of Georgia of 22 June 2012 No. 6549 – website, 04.07.2012.

Article 135. Specifics of drawing up the record of an individual investigative action🔗

1. The record of questioning shall note the first name, last name, age, citizenship, education, place of work, occupation and/or position, place of residence, family status of the person to be questioned, his/her relationship with the accused or the victim, the content of information provided by him/her, his/her attitude toward appearing in court and giving testimony, as well as other information provided for by Article 113 of this Code. The record of questioning shall not note the identifying characteristics (data) of the identity of the person participating in an operative-search measure or covert investigative action who cooperates with the investigation body and whose identity is concealed by a decision of the prosecutor.

2. In the record of attachment, search and/or seizure, the following shall be indicated: at what place and in what circumstances the item, document, substance or other object containing information was discovered; whether it was transferred voluntarily or taken away by force. All objects shall be described in the record indicating quantity, weight, value (if possible), individual and generic characteristics. If during the seizure or search an attempt was made to destroy or conceal the item, document, substance or other object containing information to be found, and/or if the person to be searched or another person resisted, this shall be noted in the record. A copy of the record of seizure or search shall be given to the person with whom the seizure or search was conducted, or to an adult member of his/her family, and in their absence – to the owner of the house and/or an outside person (neighbor, close relative, representative of the relevant municipal body) who was present at the seizure or search. If the seizure or search was conducted in the possession of a legal entity or administrative body or on the territory of a diplomatic representation, a copy of the record shall be given, respectively, to the representative of the legal entity, administrative body or the Ministry of Foreign Affairs of Georgia present at this investigative action.

3. In the record of the attachment, inspection and seizure of a message transmitted by technical means of communication, and of the inspection of a suspended message, it shall be noted which message transmitted by technical means of communication was inspected and seized, which one is to be delivered to the addressee or is to be temporarily suspended and for what period, a copy of which correspondence was made, what technical means were used and what was revealed as a result thereof.

4. The record of the inspection shall describe every discovered trace, item, document or other object containing information, indicating individual and/or generic characteristics. The record shall note at what time, in what weather and under what lighting conditions the inspection was conducted, what technical means were used and what result was obtained, who participated in the investigative action, and what item, document, substance or other object containing information was sealed. The record shall also note the individual features of the seal and where the corpse and/or another object relevant to the case was sent after the inspection. A copy of the record shall be given to the owner of the seized object. In the case of seizure of an item, document, substance or other object containing information, a separate record shall not be drawn up, and this investigative action shall be described in the record of the inspection.

5. The record of the investigative experiment shall note: for what purpose, where and under what conditions, in whose presence and with whose participation the experiment was conducted; specifically how the reconstruction of the circumstances of the incident was manifested; what the content of the information (testimony) obtained on the spot is; what item, document, substance or other object containing information was discovered, inspected and seized; what the person clarified in his information (testimony); what test actions were conducted, in what sequence, by whom, how many times, and what result was obtained.

6. The record of presentation for identification shall reflect the identity of the identifying person, as well as of the person presented for identification (including his address), and the individual and/or generic characteristics of another object presented for identification.

7. When an inspection or identification is conducted during exhumation, a separate record shall not be drawn up, and the content of this investigative action shall be noted in the record of exhumation.

Law of Georgia No. 6549 of 22 June 2012 – website, 4 July 2012

Law of Georgia No. 4677 of 18 December 2015 – website, 29 December 2015

Law of Georgia No. 6949 of 15 July 2020 – website, 28 July 2020

Law of Georgia No. 923 of 2 July 2025 – website, 3 July 2025

Article 136. Request for a document or information🔗

1. If there is a reasonable assumption that information or a document relevant to a criminal case is stored in a computer system or a computer data storage medium, the prosecutor and the defence are entitled to apply to the court at the place of investigation with a motion for the issuance of a ruling on the request for the relevant information or document. In case of urgent necessity, the investigative action provided for by this Article may be conducted on the basis of a resolution of the prosecutor, in accordance with the procedure prescribed by paragraph 5 of Article 112 of this Code.

2. If there is a reasonable assumption that a person is committing a criminal act using a computer system, the prosecutor is entitled to apply to the court at the place of investigation with a motion for the issuance of a ruling on the request from the service provider for information about the user.

3. For the purposes of this Article, information about the user is any information that the service provider stores in computer data or in any other form, which is related to the users of its service, differs from internet traffic and content data, and according to which it is possible to establish/determine:

a) the type of communication service used, the technical means used and the time of service;

b) the identity of the user, postal or residential address, telephone and other contact numbers, information on the account and payments, which is available on the basis of the service contract or agreement;

c) any other information on the location of the installed communication equipment, which is available on the basis of the service contract or agreement.

3¹. For the investigation of a crime, criminal prosecution and the administration of justice, as well as for the purposes provided for by Article 138¹ of this Code, it is permissible to request from an electronic communications company only such identifying data of electronic communication for the storage of which the period established by Article 85 of the Law of Georgia "On Electronic Communications" has not expired.

4. (Removed - 24 May 2022, No. 1575).

4¹. The provisions of Articles 111, 112 and 134 of this Code shall apply to the investigative action provided for by this Article.

4². The investigator is entitled to submit, in writing or through the unified system for locating mobile communication equipment, to an electronic communications company provided for by the Law of Georgia “On Electronic Communications” which provides and/or renders services through mobile communication networks and means, a request on immediate notification of the recording of the fact of activation of mobile communication equipment appropriated as a result of the possible commission of a crime and, if necessary, on immediate notification of the restriction (blocking) of its functioning. Upon receipt of the said information, the prosecutor shall, in accordance with the procedure established by paragraph 1 of this Article, request from the electronic communications company provided for by the Law of Georgia “On Electronic Communications” information on the telephone number and its owner, the time and location of the recording of the fact of activation of the mobile communication equipment. Where the investigator or the prosecutor submits the request provided for by this paragraph in the form of an electronic document, in order to confirm the integrity and the authenticity of the origin of the electronic document, it shall be sufficient to affix a qualified electronic stamp thereto.

5. Control and supervision of the investigative action provided for by this Article shall be exercised by the State Audit Office in accordance with the Law of Georgia “On Personal Data Protection”.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014

Judgment of the Constitutional Court of Georgia of 27 January 2017 No. 1/1/650,699 – website, 03.02.2017

Law of Georgia of 30 December 2021 No. 1314 – website, 13.01.2022

Law of Georgia of 24 May 2022 No. 1575 – website, 06.06.2022

Law of Georgia of 14 June 2023 No. 3147 – website, 03.07.2023

Law of Georgia of 17 December 2025 No. 1300 – website, 23.12.2025

Article 137. Real-time collection of internet traffic data🔗

1. If there is a reasonable assumption that a person is carrying out a criminal act using a computer system, the prosecutor is entitled to apply to the court at the place of investigation with a motion to issue a ruling on the real-time collection of internet traffic data, by which the service provider is obliged to cooperate with the investigation and assist it in the real-time collection or recording of those internet traffic data which are related to specific communications carried out on the territory of Georgia and transmitted by means of a computer system.

2. The motion referred to in paragraph 1 of this Article shall take into account the technical capabilities of the service provider for the real-time collection and recording of internet traffic data. The term of the real-time collection and recording of internet traffic data shall not exceed the term necessary for obtaining evidence in a criminal case.

3. The provisions of Articles 1432–143¹⁰ of this Code shall apply to the investigative action provided for by this Article.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014

Article 138. Obtaining content data🔗

1. If there is a reasonable assumption that a person is carrying out a criminal act using a computer system, the prosecutor is entitled to apply to the court at the place of investigation with a motion to issue a ruling on the real-time collection of content data, by which the service provider is obliged to cooperate with the investigation and assist it in the real-time collection or recording of content data which are related to specific communications carried out on the territory of Georgia and transmitted by means of a computer system.

2. The motion referred to in paragraph 1 of this Article shall take into account the technical capabilities of the service provider for the real-time collection and recording of content data. The term of the real-time collection and recording of content data shall not exceed the term necessary for obtaining evidence in a criminal case.

3. The provisions of Articles 1432–143¹⁰ of this Code shall apply to the investigative action provided for by this Article.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014

Article 138¹. Obtaining computer data or document from a foreign state without submitting a request for legal assistance🔗

1. The prosecutor is entitled to directly receive from a person located or registered in the territory of a foreign state (the state of origin) computer data or document in that person's possession and/or under their control, important for a criminal case, if obtaining the computer data and/or document in this manner is permitted by the relevant international treaty, the law of the state of origin and/or the clearly established practice of that state. When the prosecutor exercises this authority, the rules established by Chapter II of the Law of Georgia "On International Cooperation in Criminal Matters" shall not apply.

2. It shall be inadmissible, for the purpose of complying with the request provided for by paragraph 1 of this Article, to coerce a person located or registered in the territory of a foreign state, or to impose on such person the liability established by the legislation of Georgia for failure to comply with this request.

3. When obtaining the relevant computer data or document in the manner established by this Article, the prosecutor shall be obliged to comply with the requirements provided for by this Code.

4. Obtaining computer data or document in the manner established by this Article may be carried out by the Prosecutor General of Georgia through a prosecutor and/or a structural unit of the Prosecutor's Office authorized for that purpose.

Law of Georgia of 20 July 2018 No. 3157 – website, 06.08.2018.

Article 139. (Removed)🔗

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Article 140. (Removed)🔗

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Article 141. (Removed)🔗

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Article 142. (Removed)🔗

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Article 143. (Removed)🔗

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Article 143¹. Types of covert investigative action🔗

1. The types of covert investigative action are:

a) covert wiretapping and recording of telephone communication;

b) removal and fixation of information from a communication channel (by connecting to communication means, computer networks, line communications and station equipment), from a computer system (both directly and remotely) and, for this purpose, installation of appropriate software means in the computer system;

c) determination of geolocation in real time;

d) control of a postal-telegraphic item (except diplomatic mail);

e) covert video recording and/or audio recording, photography;

f) electronic tracking by technical means, the use of which does not harm human life, health and the environment.

2. It is permissible to conduct several covert investigative actions simultaneously.

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014.

Law of Georgia of 22 March 2017 No. 476 - website, 27.03.2017.

Article 143². Principles of conducting a covert investigative action🔗

1. A covert investigative action may be conducted only in the investigation of a crime provided for by subparagraph „a“ of paragraph 2 of Article 143³ of this Code.

2. A covert investigative action shall be conducted only if its conduct is provided for by this Code and it is necessary in a democratic society for the achievement of a legitimate aim − to ensure national security or public safety, to prevent disorder or the commission of a crime, to protect the interests of the country's economic well-being or the rights and freedoms of other persons.

3. A covert investigative action is necessary in a democratic society if its conduct is caused by an urgent public need and it is a suitable and proportionate means of achieving the legitimate aim.

4. A covert investigative action may be conducted only when it is impossible to obtain evidence essential for the investigation by other means or it requires unjustifiably great effort.

5. The scope (intensity) of conducting a covert investigative action must be proportionate to the legitimate aim of the covert investigative action.

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014.

Article 143³. Procedure for conducting a covert investigative action🔗

1. A covert investigative action shall be conducted by a judge's ruling. The ruling shall be issued, on the basis of a reasoned motion by the prosecutor, by a judge of the district (city) court according to the place of investigation, except for the case provided for by paragraph 17 of this Article.

2. The prosecutor's motion shall indicate the circumstances confirming that:

a) an investigation has been initiated and/or criminal prosecution is being conducted for an intentional grave crime and/or an especially grave crime or for any of the crimes provided for by the following articles and chapter of the Criminal Code of Georgia: Article 134, Article 139(1), Article 142, Article 142¹(1) and (2), Article 143(1), Article 143³(1), Articles 144² and 155, Article 180(1), Article 181(1), Article 186(2), Article 187(2), Article 192, Article 198(1), Article 210(1), Article 223(3) and (6), Article 223³(1), Articles 226, 235, 239¹ and 252, Article 253(1), Article 254(1) and (2), Article 259⁴, Article 262(1¹), Article 263(1), Article 284(1) and (2), Article 285(1), Article 286(1)–(3), Article 286¹(1), Article 286²(1), Article 287, Article 288(1) and (2), Articles 289, 290 and 292–302, Article 303(1)–(3), Article 304(1), Articles 305–306¹ and 317, Article 318(1), Article 320(1), Article 321(1), Article 322¹, Article 322²(1), Article 330¹(1), Article 331², Chapter XXXIX, Articles 343, 343¹ and 344, Article 344¹(1), Article 344²(1), Article 345(1) and Articles 3813 and 405;

b) there is a reasonable assumption that the person against whom the covert investigative action is to be conducted has committed any of the crimes provided for by subparagraph “a” of this paragraph (“person directly connected with the crime”), or the person receives or transmits information intended for or originating from a person directly connected with the crime, or a person directly connected with the crime uses the person's means of communication;

c) the conduct of the covert investigative action is prompted by an urgent public need and is a necessary, suitable and proportionate means of achieving a legitimate aim in a democratic society − to ensure national security or public safety, to prevent disorder or the commission of a crime, to protect the interests of the country's economic well-being or the rights and freedoms of other persons;

d) as a result of the requested covert investigative action, information of substantial importance for the investigation will be obtained, which cannot be obtained by other means or requires unreasonably great effort.

3. The prosecutor's motion shall reflect information on the investigative action (if any) that was conducted before the submission of the motion in accordance with the procedure established by this Code and by which the intended objective could not be achieved.

4. The state body with the relevant authority:

a) shall, in order to ensure the conduct, in the territory where Georgia's jurisdiction extends, of the covert investigative action provided for by subparagraph „a“ of paragraph 1 of Article 143¹ of this Code, use a stationary or semi-stationary technical capability for real-time acquisition of communication;

b) shall, in order to ensure the conduct, in the territory where Georgia's jurisdiction extends, of the covert investigative action provided for by subparagraph „b“ of paragraph 1 of Article 143¹ of this Code, use a stationary, semi-stationary or non-stationary technical capability for real-time acquisition of communication;

c) shall, in order to ensure the conduct of the covert investigative action provided for by subparagraph „c“ of paragraph 1 of Article 143¹ of this Code, be entitled to use a stationary and/or non-stationary technical capability for real-time geolocation determination.

5. The judge shall consider the motion in accordance with the procedure established by this Chapter and Article 112 of this Code no later than 24 hours after the submission to the court of the prosecutor's motion and the attached material necessary for its substantiation. The judge may consider the motion without an oral hearing. The judge shall consider the motion with an oral hearing, with the participation of the prosecutor, at a closed court hearing and shall decide by ruling on granting permission to conduct a covert investigative action or on refusing to grant permission to conduct it. The ruling shall be drawn up in 4 copies, one of which shall remain in the court, two shall be transferred to the prosecutor submitting the motion or to the authorized representative of the relevant investigative body, one of which shall be provided to the state body with the relevant authority, and one ruling, which contains only the requisites and the operative part, shall be provided by the court to the State Audit Office. Copies of the judge's ruling shall be submitted to the state body with the relevant authority and the State Audit Office immediately upon the issuance of the ruling, without delay, but no later than 48 hours, in material (documentary) form.

5¹. The judge's ruling on granting permission to conduct the covert investigative action provided for by subparagraph „a“ of paragraph 1 of Article 143¹ of this Code, which contains only the requisites and the operative part, shall be provided by the Agency to the State Audit Office immediately upon its receipt, in the form of an electronic copy, through the electronic control system. Upon programmatic confirmation of the provision of the electronic copy of the judge's ruling to the State Audit Office, the Agency shall commence the covert investigative action provided for by subparagraph „a“ of paragraph 1 of Article 143¹ of this Code. The rule for the provision of the electronic copy provided for by this paragraph shall apply in the case of the use of a stationary technical capability.

5². If the judge's ruling on granting permission to conduct a covert investigative action submitted to the state body with the relevant authority contains ambiguity-imprecision, the state body with the relevant authority shall immediately notify the prosecutor or the authorized representative of the relevant investigative body thereof.

5³. The court issuing the ruling shall, on the basis of a written application of the prosecutor, within 12 hours of receipt of the application, or on its own initiative, ensure the elimination of the ambiguity-imprecision existing in the judge's ruling in the manner established by Article 287 of this Code.

5⁴. If, in the requisites and/or the operative part of the judge's ruling on granting permission to conduct a covert investigative action submitted to the State Audit Office in electronic form and in material (documentary) form, a datum or requisite does not correspond to one another, the Auditor General shall notify the Agency thereof through the electronic system, which, in turn, shall immediately notify the prosecutor or the authorized representative of the relevant investigative body thereof.

5⁵. If the requisites and/or the operative part of the judge's ruling on granting permission to conduct a covert investigative action submitted to the State Audit Office in electronic form or/and in material (documentary) form contains ambiguity-imprecision, the Auditor General shall notify the Agency thereof through the electronic system, which, in turn, shall immediately notify the prosecutor or/and the authorized representative of the relevant investigative body thereof.

5⁶. Immediately upon receipt of the information provided for by paragraphs 5⁴ and 5⁵ of this Article, the prosecutor shall apply in writing to the court issuing the ruling, which shall, within 12 hours of receipt of the application, ensure the elimination of the ambiguity-imprecision existing in the judge's ruling in the manner established by Article 287 of this Code. The court shall be obliged to ensure the provision of this ruling to the State Audit Office within 24 hours of the elimination of the ambiguity-imprecision existing in the judge's ruling.

5⁷. (removed – 30.12.2021, No. 1314).

5⁸. (removed – 30.12.2021, No. 1314).

5⁹. (removed – 30.12.2021, No. 1314).

5¹⁰. (removed – 30.12.2021, No. 1314).

6. In case of urgent necessity, when delay may cause the destruction of factual data important for the case (investigation) or make it impossible to obtain this data, a covert investigative action may be conducted/commenced without a judge's ruling, by a reasoned resolution of the prosecutor. The prosecutor's resolution shall contain the relevant requisites (date and place of drawing up the resolution; indication of the article of the Criminal Code of Georgia under which the investigation is being conducted; the prosecutor's name and surname, signature; secrecy classification marking; seal), and the operative part of the resolution shall contain an indication regarding the object/objects of the covert investigative action, as well as the type of covert investigative action to be carried out, and shall determine the period of carrying out the action (indicating the dates and time of its commencement and completion), which shall not exceed 48 hours. In case of carrying out any covert investigative action provided for by subparagraphs "a"–"c" of the first paragraph of Article 143¹ of this Code, the operative part of the resolution shall also contain an indication regarding at least one relevant data item of the technical identifier/identifiers of the object/objects of the covert investigative action. The prosecutor shall be obliged, no later than 24 hours from the commencement time indicated in the resolution on the covert investigative action, to apply to the district (city) court in whose territorial jurisdiction the said covert investigative action was conducted/is being conducted, or, according to the place of investigation, to the court, by motion, for recognition of the covert investigative action conducted/ongoing in case of urgent necessity as lawful. In the motion, the prosecutor shall substantiate both the existence of the circumstances provided for by paragraph 2 of this Article and the existence of the circumstances that caused the urgent carrying out/commencement of the covert investigative action without a judge's ruling. The judge shall consider the prosecutor's motion no later than 24 hours from its submission to the court, in accordance with the procedure established by paragraph 5 of this Article. When considering the motion, the judge shall verify whether or not the conducted/ongoing covert investigative action complies with the requirements of paragraph 2 of this Article, whether or not the urgent carrying out/commencement of the said covert investigative action was necessary, and by ruling adopts one of the following decisions:

a) on recognizing the conducted covert investigative action as lawful;

b) on recognizing the ongoing covert investigative action as lawful and extending the period of its conduct to no more than 48 hours. This period shall be counted from the commencement time of the covert investigative action indicated in the prosecutor's resolution;

c) on recognizing the conducted/ongoing covert investigative action as unlawful, terminating it, annulling its results, and destroying the material/information obtained as a result thereof.

6¹. In order to adopt the decision provided for by paragraph 6 of this Article, a judge may request in writing from the authorised body an electronic copy of the material obtained by the time of the request. After reviewing the material, the judge shall ensure its destruction in accordance with the established procedure.

6². In a case of urgent necessity, a prosecutor's resolution on conducting a covert investigative action, which contains only the requisites and the operative part, shall be submitted in material (documentary) form to the State Audit Office by the prosecutor or, on the prosecutor's instruction, by an investigator, no later than 12 hours from the start time indicated in the resolution on the covert investigative action. A prosecutor's resolution on conducting a covert investigative action provided for by subparagraph „a“ of paragraph 1 of Article 143¹ of this Code, which contains only the requisites and the operative part, shall be provided by the Agency to the State Audit Office, immediately upon its receipt, in the form of an electronic copy, through the electronic control system. Upon confirmation of the programmatic delivery of the electronic copy of the prosecutor's resolution, the Agency shall commence the covert investigative action provided for by subparagraph „a“ of paragraph 1 of Article 143¹ of this Code. The procedure for the delivery of the electronic copy provided for by this paragraph shall apply in a case where a stationary technical capability is used.

6³. If the prosecutor's resolution on conducting a covert investigative action in a case of urgent necessity, submitted to the state body with the relevant authority, contains ambiguity or imprecision, the state body with the relevant authority shall immediately notify the prosecutor or the authorised representative of the relevant investigative body thereof. The prosecutor shall ensure the elimination of the ambiguity or imprecision existing in the resolution.

6⁴. (Repealed – 30.12.2021, No. 1314).

7. A judge's ruling on declaring a covert investigative action lawful/unlawful shall be drawn up in 4 copies, of which one shall remain with the court, two shall be handed over to the prosecutor submitting the motion or to the authorised representative of the relevant investigative body, of which one shall be provided to the state body with the relevant authority, and one ruling, which contains only the requisites and the operative part, shall be provided by the court to the State Audit Office. The copies of the judge's ruling shall be submitted to the state body with the relevant authority and to the State Audit Office immediately upon the delivery of the ruling, without delay, but no later than 48 hours, in material (documentary) form.

8. If the prosecution does not deem it necessary to use information obtained as a result of a covert investigative action conducted in a case of urgent necessity as evidence, it shall, no later than 24 hours after the commencement of that covert investigative action, apply by motion to the district (city) court in whose territorial jurisdiction the said investigative action was conducted, or to the court at the place of investigation. After the court adopts the relevant ruling, the information obtained as a result of the covert investigative action shall be immediately destroyed in accordance with the procedure established by paragraph 5 of Article 143⁸ of this Code.

9. If a covert investigative action reveals signs of another crime in respect of which no investigation is being conducted, the information obtained as a result of that covert investigative action shall be grounds for commencing an investigation in another criminal case, while the question of recognising that information as admissible evidence in the new case shall be decided in accordance with the general procedure established by this Code, without taking into account the circumstances defined by paragraph 2 of this Article for a covert investigative action.

10. In a ruling on granting permission to conduct a covert investigative action or on recognising as lawful a covert investigative action conducted/is being conducted without a judge's ruling in a case of urgent necessity, the judge shall substantiate the existence of the circumstances provided for by paragraph 2 of this Article and the necessity of conducting/commencing the covert investigative action without a judge's ruling, on an urgent basis. The judge's ruling shall contain the relevant particulars (number of the ruling; date and place of drawing up; the judge's first name and surname, signature; secrecy classification marking; seal). The operative part of the judge's ruling shall state:

a) the person who submitted the motion to the judge;

b) the number of the criminal case in which the covert investigative action is to be conducted, was conducted or is being conducted;

c) the order on conducting the covert investigative action or on recognising as lawful the covert investigative action conducted/is being conducted, which shall precisely state what type of covert investigative action is permitted to be conducted or which covert investigative action is recognised as lawful;

d) the period of time (indicating the dates and times of commencement and completion) within which the covert investigative action is to be conducted or was conducted;

e) the object/objects of the covert investigative action;

f) in the case of conducting any covert investigative action provided for by subparagraphs "a"–"c" of paragraph 1 of Article 143¹ of this Code — at least one relevant item of data of the technical identifier/identifiers of the object/objects of the covert investigative action, which is/are to be controlled within the framework of the covert investigative action;

g) where necessary, the place of carrying out the covert investigative action;

h) where necessary, the person to whom the covert investigative action extends;

i) the state body with the relevant authority, which is to carry out the covert investigative action;

j) the authorised investigative body, to which the material obtained as a result of the covert investigative action is to be made known and transferred;

k) in the case of continuation of the covert investigative action − the details of the ruling on the basis of which the covert investigative action is being conducted;

l) other data required for carrying out the covert investigative action.

11. In the judge's ruling on refusal to grant permission to carry out a covert investigative action or to recognise a carried out/ongoing covert investigative action as lawful, it shall be indicated that the submitted motion does not confirm the existence of the circumstances provided for by paragraph 2 of this Article and the necessity of carrying out/commencing the covert investigative action without a judge's ruling, on an urgent basis. The judge's ruling shall state: the details provided for by paragraph 10 of this Article; the person who applied to the judge with a motion; the judge's decision on refusal to grant permission to carry out the covert investigative action or refusal to recognise the carried out/ongoing covert investigative action as lawful and on the destruction of the material obtained as a result thereof.

12. A covert investigative action shall be carried out for the period indicated in the judge's ruling. The said period shall be of the duration necessary to achieve the aim of the investigation.

12¹. A covert investigative action may be carried out in three stages, except for the case provided for by paragraph 12⁷ of this Article. At the first stage, the covert investigative action shall be carried out on the basis of a judge's ruling obtained on the basis of a reasoned motion of the prosecutor for a period of not more than 90 days, at the second stage − on the basis of a judge's ruling obtained on the basis of a reasoned motion of a superior prosecutor − for a period of not more than 90 days, and at the third stage − on the basis of a judge's ruling obtained on the basis of a reasoned motion of the Prosecutor General of Georgia or his/her deputy − for a period of not more than 90 days.

12². If at the first stage of carrying out the covert investigative action the relevant aim could not be achieved and the period established for the first stage of carrying out the covert investigative action has not expired, the prosecutor is entitled to apply to the court with a motion to extend the period of carrying out the covert investigative action for the remaining period.

12³. If the 90-day period established for the first stage of carrying out the covert investigative action has expired and the relevant aim could not be achieved, on the basis of a judge's ruling obtained on the basis of a reasoned motion of a superior prosecutor, the period of carrying out the covert investigative action may be extended by not more than the period established for the second stage of carrying out the covert investigative action − 90 days.

12⁴. If the relevant objective could not be achieved at the second stage of conducting a covert investigative action and the time limit established for the second stage of conducting the covert investigative action has not expired, the superior prosecutor is entitled to apply to the court with a motion to extend the time limit for conducting the covert investigative action for the remaining period.

12⁵. If the 90-day time limit established for the second stage of conducting a covert investigative action has expired and the relevant objective could not be achieved, by a judge's ruling issued on the basis of a reasoned motion of the Prosecutor General of Georgia or his/her deputy, the time limit for conducting the covert investigative action may be extended by no more than the time limit established for the third stage of conducting the covert investigative action — 90 days.

12⁶. If the relevant objective could not be achieved at the third stage of conducting a covert investigative action and the time limit established for the third stage of conducting the covert investigative action has not expired, the Prosecutor General of Georgia or his/her deputy is entitled to apply to the court with a motion to extend the time limit for conducting the covert investigative action for the remaining period. Further extension of the time limit for conducting a covert investigative action shall be inadmissible, except in the case provided for by paragraph 12⁷ of this Article.

12⁷. If the 90-day time limit established for the third stage of conducting a covert investigative action has expired and the relevant objective could not be achieved, by a judge's ruling issued on the basis of a reasoned motion of the Prosecutor General of Georgia or his/her deputy:

a) the time limit for conducting a covert investigative action may be extended once more by no more than 90 days, if the covert investigative action is conducted on the basis of a court ruling issued in the case provided for by the Law of Georgia "On International Cooperation in Criminal Matters". If the relevant objective could not be achieved at this stage of conducting the covert investigative action as well and the time limit established for this stage of conducting the covert investigative action has not expired, the Prosecutor General of Georgia or his/her deputy is entitled to apply to the court with a motion to extend the time limit for conducting the covert investigative action for the remaining period. Further extension of the time limit for conducting a covert investigative action shall be inadmissible;

b) The time limit for conducting a covert investigative action may be extended as many times as the relevant legal ground defined by this Chapter and necessary for conducting the covert investigative action continues to exist, if the investigation is being conducted in connection with a crime provided for by Articles 108, 109, 143−143², 144−144³, 223−224¹, 230−232, 234−235¹ and 255¹ of the Criminal Code of Georgia, by paragraph 3 of Article 260, by paragraph 3 of Article 260¹, by Articles 260² and 260³, by paragraphs 3 and 6 of Article 261, by paragraphs 3 and 6 of Article 261¹, by Articles 262 and 263 and by Chapters XXXVII−XXXVIII and XLVII. In this case, the time limit for conducting the covert investigative action may be extended each time by not more than 90 days.

12⁸. In a motion on the extension of the time limit for conducting a covert investigative action provided for by paragraphs 121−12⁷ of this Article, in addition to the circumstances defined by paragraph 2 of this Article, information on the data obtained as a result of the commenced covert investigative action shall be reflected and it shall be indicated why it was not possible to obtain data sufficient for the investigation. When adopting the ruling provided for by paragraphs 121−12⁷ of this Article, the judge shall take into account the relevant legal ground defined by this Chapter and necessary for conducting the covert investigative action.

12⁹. If a covert investigative action was terminated and thereafter the relevant legal ground necessary for conducting the covert investigative action arose again, the covert investigative action shall be continued from the stage at which it was terminated. The covert investigative action shall be continued in accordance with the procedure established by this Chapter.

13. A ruling on a covert investigative action shall not be announced publicly. A judge's ruling shall lose force upon expiry of 30 days after its adoption if the covert investigative action has not commenced within that period.

14. A person who, in the course of the proceedings in a given case, has learned of a covert investigative action conducted in respect of him/her may, within 48 hours after receiving the said information and an explanation of the right to appeal the ruling, appeal the ruling on the covert investigative action once to the investigative chamber of the relevant Court of Appeal. The annulment by the Court of Appeal of the appealed ruling and the recognition of the conducted covert investigative action as unlawful shall constitute grounds for recognising the information obtained as a result of that action as inadmissible evidence in accordance with the procedure established by this Code. A judgment adopted by the Court of Appeal on the complaint may serve as a basis for the claim provided for by paragraph 3 of Article 7 of this Code for compensation to the person for damage caused by the unlawful obtaining, storage or disclosure of information about his/her private life/personal data.

15. A person who, after the completion of the proceedings in the given case, became aware of a covert investigative action having been conducted against him/her, may appeal the ruling on the covert investigative action to the investigative chamber of the relevant Court of Appeals within 1 month from the receipt of the said information and of the explanation on the right to appeal the ruling. The recognition by the Court of Appeals of the conducted covert investigative action as unlawful may be considered a newly discovered circumstance provided for by subparagraph „h“ of Article 310 of this Code for the review of the judgment, if the evidence obtained as a result of this covert investigative action served as the basis for the judgment. The decision taken by the Court of Appeals on the complaint may serve as the basis for the claim provided for by paragraph 3 of Article 7 of this Code for compensation for damage caused to a person by the unlawful obtaining, storage or disclosure of information about his/her private life/personal data.

16. The complaint provided for by paragraphs 14 and 15 of this Article shall state the violation of the procedure established by this Chapter for conducting a covert investigative action. The complaint shall be filed with the court that issued the ruling. The investigative chamber of the Court of Appeals shall consider the complaint no later than 72 hours after its filing. The Court of Appeals shall, by notification, ensure the participation of the complainant and the prosecution in the consideration of the complaint. Their failure to appear shall not impede the consideration of the complaint. The decision taken on the complaint shall be announced publicly and, upon request, shall be provided to the complainant and the prosecution.

17. A covert investigative action against a person holding a state-political office, a judge and a person enjoying immunity may be conducted by a ruling of a judge of the Supreme Court of Georgia, on the basis of a reasoned motion of the Prosecutor General of Georgia or his/her deputy.

Law of Georgia of 1 August 2014 No. 2634 – website, 18 August 2014.

Law of Georgia of 30 November 2014 No. 2870 – website, 30 November 2014.

Judgment No. 1/1/625,640 of the Constitutional Court of Georgia of 14 April 2016 – website, 22 April 2016.

Law of Georgia of 22 March 2017 No. 476 – website, 27 March 2017.

Law of Georgia of 1 June 2017 No. 911 – website, 21 June 2017.

Law of Georgia of 17 May 2018 No. 2355 – website, 29 May 2018.

Law of Georgia of 21 July 2018 No. 3276 – website, 9 August 2018.

Law of Georgia of 30 November 2018 No. 3814 – website, 13 December 2018.

Law of Georgia of 17 April 2019 No. 4512 – website, 22 April 2019.

Law of Georgia of 8 May 2019 No. 4604 – website, 8 May 2019.

Law of Georgia of 29 May 2019 No. 4620 – website, 3 June 2019.

Law of Georgia of 13 July 2020 No. 6755 – website, 20 July 2020.

Law of Georgia of 27 April 2021 No. 461 – website, 4 May 2021.

Law of Georgia of 30 December 2021 No. 1314 – website, 13 January 2022.

Law of Georgia of 6 September 2022 No. 1722 – website, 14.09.2022.

Law of Georgia of 16 April 2025 No. 500 – website, 17.04.2025.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Law of Georgia of 17 December 2025 No. 1300 – website, 23.12.2025.

Article 143⁴. Carrying out, control and supervision of a covert investigative action🔗

1. A covert investigative action shall be carried out by a state body with the relevant authority in accordance with the procedure established by this Code.

2. The control and supervision of a covert investigative action shall be carried out by the State Audit Office in accordance with the Law of Georgia on Personal Data Protection.

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014.

Law of Georgia of 30 November 2014 No. 2870 – website, 30.11.2014.

Law of Georgia of 22 March 2017 No. 476 – website, 27.03.2017.

Law of Georgia of 21 July 2018 No. 3276 – website, 09.08.2018.

Law of Georgia of 8 May 2019 No. 4604 – website, 08.05.2019.

Law of Georgia of 30 December 2021 No. 1314 – website, 13.01.2022.

Law of Georgia of 17 December 2025 No. 1300 – website, 23.12.2025.

Article 143⁵. Obligation of the body conducting a covert investigative action to store and record information🔗

1. Responsibility for the proper protection of information obtained as a result of a covert investigative action shall be borne by the body carrying out the covert investigative action and the relevant investigative body.

2. The body carrying out a covert investigative action shall record the following data related to the conduct of the covert investigative action: the type of covert investigative action; the time of commencement and completion of the covert investigative action; the object of the covert investigative action; when carrying out a covert investigative action provided for by subparagraphs „a“–„c“ of paragraph 1 of Article 143¹ of this Code – the technical identifier of the object of the covert investigative action; the details of the judge's ruling and/or the prosecutor's reasoned resolution.

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014.

Law of Georgia of 30 November 2014 No. 2870 – website, 30.11.2014.

Law of Georgia of 22 March 2017 No. 476 – website, 27.03.2017.

Article 143⁶. Termination and suspension of a covert investigative action🔗

1. The decision on the termination of a covert investigative action shall be made by the prosecutor on the basis of an application by the investigator or on his/her own initiative. The prosecutor shall be obliged to immediately notify the state body with the relevant authority of the making of the decision on the termination of the covert investigative action, which shall terminate the covert investigative action upon the making of the said decision.

2. A covert investigative action shall be terminated if:

a) the specific task provided for by the ruling on the covert investigative action is accomplished;

b) circumstances are established confirming that the accomplishment of the specific task provided for by the ruling on the covert investigative action is objectively impossible or the conduct of the covert investigative action no longer has substantial significance for the investigation;

c) the investigation and/or criminal prosecution is terminated;

d) the legal basis for carrying out the covert investigative action no longer exists.

3. If the time limit for conducting the covert investigative action has expired or within 3 days after the suspension of the covert investigative action the ground for its suspension has not been eliminated, the state body with the relevant authority shall terminate the covert investigative action upon the expiry of the time limit indicated in this paragraph.

4. If the court has declared unlawful a covert investigative action commenced in a case of urgent necessity or the 48-hour time limit indicated in the resolution on conducting a covert investigative action commenced in a case of urgent necessity has expired, the state body with the relevant authority shall terminate the covert investigative action upon the receipt of the court ruling, immediately or upon the expiry of the 48-hour time limit for conducting the covert investigative action commenced in a case of urgent necessity.

5. A covert investigative action may be suspended by the Auditor General through the electronic control system, if:

a) he/she has not been provided, in the manner established by paragraph 5¹ of Article 143³ of this Code, with an electronic copy of the judge's ruling on the granting of permission to conduct the covert investigative action provided for by subparagraph "a" of the first paragraph of Article 143¹ of this Code, containing only the requisites and the operative part;

b) he/she has not been presented, in the manner established by paragraph 5 of Article 143³ of this Code, in material (documentary) form, with a copy of the judge's ruling on the granting of permission to conduct the covert investigative action provided for by subparagraph "a" of the first paragraph of Article 143¹ of this Code, containing only the requisites and the operative part;

c) he/she has not been provided, in the manner established by paragraph 6² of Article 143³ of this Code, with an electronic copy of the prosecutor's resolution containing only the requisites and the operative part;

d) the prosecutor's resolution on conducting the covert investigative action provided for by subparagraph „a“ of the first paragraph of Article 143¹ of this Code, which contains only the requisites and the operative part, has not been submitted to it in material (documentary) form, in the manner established by paragraph 6² of Article 143³ of this Code, in a case of urgent necessity;

e) the requisites and/or the operative part of the prosecutor's resolution submitted to it by means of the electronic system or in material (documentary) form contain ambiguity or imprecision;

f) the data provided for by paragraph 6 of Article 143³ of this Code in the requisites and the operative part of the electronic copy of the prosecutor's resolution submitted to it by means of the electronic system and in the requisites and the operative part of the prosecutor's resolution submitted in material (documentary) form do not match each other.

5¹. (removed - 30.12.2021, No. 1314).

5². (removed - 30.12.2021, No. 1314).

5³. (removed - 30.12.2021, No. 1314).

5⁴. (removed - 30.12.2021, No. 1314).

5⁵. (removed - 30.12.2021, No. 1314).

5⁶. (removed - 30.12.2021, No. 1314).

5⁷. (removed - 30.12.2021, No. 1314).

5⁸. (removed - 30.12.2021, No. 1314).

5⁹. (removed - 30.12.2021, No. 1314).

5¹⁰. (removed - 30.12.2021, No. 1314).

6. In the event of suspension of an ongoing covert investigative action on the ground provided for by paragraph 5 of this Article, the Agency shall immediately notify the relevant prosecutor or the authorised representative of the relevant investigative body of its suspension.

7. In the event of suspension of an ongoing covert investigative action on the ground provided for by subparagraph „a“ or „c“ of paragraph 5 of this Article, the Agency shall ensure the elimination of the ground for its suspension, namely, the submission to the State Audit Office of the electronic copy of the judge's ruling, which contains only the requisites and the operative part, or the submission of the electronic copy of the prosecutor's resolution, which contains only the requisites and the operative part.

8. In the event of suspension of an ongoing covert investigative action on the ground provided for by subparagraph „b“ of paragraph 5 of this Article, the court shall ensure the elimination of the ground for its suspension, namely, the submission to the State Audit Office of a copy of the judge's ruling in material (documentary) form, which contains only the requisites and the operative part.

9. In the event of suspension of an ongoing covert investigative action on the ground provided for by subparagraph „d“ of paragraph 5 of this Article, the prosecutor or the authorised representative of the relevant investigative body shall ensure the elimination of the ground for its suspension, namely, the submission to the State Audit Office of the prosecutor's resolution in material (documentary) form, which contains only the requisites and the operative part.

10. In the event of suspension of an ongoing covert investigative action on the ground provided for by subparagraph „e“ or „f“ of paragraph 5 of this Article, the elimination of the ground for its suspension, namely, the indication, in accordance with the relevant procedure, in the prosecutor's resolution of the data provided for by paragraph 6 of Article 143³ of this Code, and the submission of the said resolution to the Agency and the State Audit Office shall be ensured by the prosecutor or the authorised representative of the relevant investigative body.

11. In the event of suspension of an ongoing covert investigative action on the ground provided for by subparagraph „a“ or „c“ of paragraph 5 of this Article, the Agency shall resume the covert investigative action immediately upon programmatic confirmation of the delivery, under the general procedure established by this Code, of the electronic copy of the judge's ruling or the prosecutor's resolution to the State Audit Office.

12. In the event of suspension of an ongoing covert investigative action on the ground provided for by subparagraph „b“ of paragraph 5 of this Article, the Agency shall resume the covert investigative action immediately upon programmatic confirmation by the State Audit Office, through the electronic control system, of the receipt of the judge's ruling.

13. In the event of suspension of an ongoing covert investigative action on the ground provided for by subparagraph „d“, „e“ or „f“ of paragraph 5 of this Article, the Agency shall resume the covert investigative action immediately upon programmatic confirmation by the State Audit Office, through the electronic control system, of the receipt of the prosecutor's resolution.

14. The State body with the relevant authority shall draw up a record immediately upon the completion of the covert investigative action. The record shall precisely state the legal ground for conducting the covert investigative action, the time of its commencement and the time of its completion, the place of drawing up the record, the type of the covert investigative action conducted and the technical means used in conducting it, the place of conducting the covert investigative action, the object of the covert investigative action, and, when any covert investigative action provided for by subparagraphs „a“−„c“ of paragraph 1 of Article 143¹ of this Code is conducted, also the technical identifier of the object of the covert investigative action. The record shall be transferred to the relevant authorised investigative body, which shall immediately submit it to the prosecutor, the Judicial Registry of Covert Investigative Actions and the State Audit Office. The record shall, in the cases provided for by this Chapter and in accordance with the established procedure, also be transferred to the defence.

15. During the conduct of a covert investigative action, at the request of the prosecutor/judge, the body carrying out the covert investigative action shall be obliged to issue an interim record.

16. If, within 3 days of the suspension of a covert investigative action, the ground for its suspension has not been eliminated, the material obtained as a result of the covert investigative action shall be destroyed in accordance with the procedure established by this Code.

Law of Georgia of 1 August 2014 No. 2634 – website, 18 August 2014.

Law of Georgia of 22 March 2017 No. 476 – website, 27 March 2017.

Law of Georgia of 21 July 2018 No. 3276 – website, 09.08.2018.

Law of Georgia of 8 May 2019 No. 4604 – website, 08.05.2019.

Law of Georgia of 30 December 2021 No. 1314 – website, 13.01.2022.

Law of Georgia of 17 December 2025 No. 1300 – website, 23.12.2025.

Article 143⁷. Reduction of covert investigative action to a minimum🔗

1. The body carrying out a covert investigative action, as well as the investigative body or person, shall, within the scope of their powers, limit to the maximum extent the monitoring of communication and of a person that have no connection with the investigation.

2. The carrying out of a covert investigative action in respect of a clergy member, a lawyer, a doctor, a journalist and a person enjoying immunity shall be permissible only where this is not related to the obtaining, respectively, of information protected by law in the course of their clerical or professional activity.

3. Information obtained as a result of a covert investigative action concerning the personal communication of a lawyer shall be distinguished from information concerning communication effected between the lawyer and the client. The content of communication effected between the lawyer and the client, which relates to the professional activity of the lawyer, shall be immediately destroyed.

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014.

Law of Georgia of 30 November 2014 No. 2870 – website, 30.11.2014.

Article 143⁸. Destruction of information/material obtained as a result of a covert investigative action🔗

1. Information obtained as a result of a covert investigative action shall, by decision of the prosecutor, be destroyed immediately after the termination or completion of the covert investigative action, unless it is of value for the investigation. Information obtained as a result of a covert investigative action which was conducted in a case of urgent necessity without a judge's ruling and, despite its being recognised as lawful by the court, was not submitted by the prosecution as evidence to the court examining the case on the merits in accordance with the procedure established by Article 83 of this Code, shall also be destroyed immediately. Material obtained as a result of an operative-investigative measure which does not relate to a person's criminal activity but contains information about his or another person's private life shall also be destroyed immediately, and shall be destroyed in accordance with paragraph 4 of Article 6 of the Law of Georgia "On Operative-Investigative Activity".

2. Material obtained as a result of a covert investigative action which the court recognises as inadmissible evidence shall be destroyed immediately after 6 months have elapsed from the delivery of the judgment in the case by the court of final instance. Before destruction, this material shall be kept in a special depository of the court. It shall be inadmissible for anyone to review, copy or use the said material, except for its use by the parties for the exercise of their procedural powers.

3. Material obtained as a result of a covert investigative action which is attached to the case as physical evidence shall, in accordance with paragraph 2 of Article 79 of this Code, be kept in the court for the period of retention of this criminal case. After the expiry of this period, the said material shall be destroyed immediately.

4. In the cases provided for by paragraphs 2 and 3 of this Article, responsibility for the proper protection of material obtained as a result of a covert investigative action shall be borne by the administration of the court where this material was kept before destruction.

5. In the cases provided for by paragraph 1 of this Article, information obtained as a result of a covert investigative action shall be destroyed by the prosecutor exercising procedural supervision over the investigation of the relevant case, or by the prosecutor supporting the state prosecution, or by their superior prosecutor, in the presence of the judge/the judge of the court who/whose judge took the decision on the conduct of the said covert investigative action or, in a case of urgent necessity, on the recognition of the covert investigative action conducted without a judge's ruling as lawful/unlawful. The record on the destruction of material obtained as a result of a covert investigative action, confirmed by the signatures of the relevant prosecutor and judge, shall be transmitted to the State Audit Office and shall be reflected in the court register of covert investigative actions.

6. In the cases provided for by paragraphs 2 and 3 of this Article, the material obtained as a result of a covert investigative action shall be destroyed by the judge who, or the judge of the court whose judge, adopted the decision on conducting the said covert investigative action or on declaring lawful or unlawful a covert investigative action conducted without a judge's ruling in case of urgent necessity.

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014.

Law of Georgia of 22 March 2017 No. 476 – website, 27.03.2017.

Law of Georgia of 21 July 2018 No. 3276 – website, 09.08.2018.

Law of Georgia of 8 May 2019 No. 4604 – website, 08.05.2019.

Law of Georgia of 30 December 2021 No. 1314 – website, 13.01.2022.

Law of Georgia of 17 December 2025 No. 1300 – website, 23.12.2025.

Article 143⁹. Notification on a covert investigative action🔗

1. Before the completion of a covert investigative action, only the investigator, the prosecutor and the judge (if this information is essentially related to the matter to be considered by them) have the right to review the information obtained as a result of this action.

2. Information obtained as a result of a covert investigative action shall be provided to the defence side in accordance with paragraph 6 of Article 83 of this Code, as well as upon approval of a plea agreement.

3. The person against whom the said covert investigative action was conducted shall be notified in writing about the conduct of the covert investigative action, the content of the material obtained as a result of this action and the destruction of the said material. Together with the provision of such information, the said person shall be given the judge's ruling on the conduct of the covert investigative action against him/her, as well as the material on the basis of which the judge took such a decision, and the right to appeal the said ruling in the manner established by paragraph 15 of Article 143³ of this Code shall be explained to him/her. The decision as to when the person shall be notified about the conduct of the covert investigative action against him/her and be given the relevant ruling and material, proceeding from the interests of the proceedings, both during the proceedings and after their completion, shall be taken by the prosecutor.

4. If the prosecutor decides not to notify the person about the conduct of the covert investigative action against him/her within 12 months from the completion/termination of the covert investigative action, he/she shall be obliged, no later than 72 hours before the expiry of the said period, to apply by motion to the court whose judge issued the ruling on the conduct of the covert investigative action, and to request the postponement, by no more than 12 months, of the provision of information about the conduct of the covert investigative action to the relevant person. The motion shall substantiate the threat that notification to the person would create to the achievement of the legitimate aim of the covert investigative action, to the fulfilment of the task and to the interests of the proceedings. The judge shall consider the motion within 48 hours of its submission, in the manner established by Article 112 of this Code, at his/her own discretion, with or without an oral hearing. When considering the motion with an oral hearing, the judge shall ensure the participation of the relevant prosecutor in the hearing by notification. His/her non-appearance shall not impede the consideration of the motion. As a result of the consideration, the judge shall take a decision on the satisfaction of the prosecutor's motion and the postponement of notification to the relevant person about the conduct of the covert investigative action, or on the satisfaction of the motion and refusal to postpone the provision of such information.

5. If, after the granting of the motion provided for by paragraph 4 of this Article and the expiry of the relevant time limit, the threat defined by the same paragraph still exists, the prosecutor is entitled, in accordance with the procedure established by the said paragraph, to request twice the postponement of the provision to the relevant person of information about the conduct of a covert investigative action. The prosecutor is entitled on each occasion to request the postponement of the provision of the said information by not more than 12 months.

6. If a covert investigative action was conducted in connection with a crime provided for by Articles 108, 109, 143−143², 144−144³, 223−224¹, 230−232, 234−235¹ and 255¹, paragraph 3 of Article 260, paragraph 3 of Article 260¹, Articles 260² and 260³, paragraphs 3 and 6 of Article 261, paragraphs 3 and 6 of Article 261¹, Articles 262 and 263 and Chapters XXXVII−XXXVIII and XLVII of the Criminal Code of Georgia, notification to the person against whom the covert investigative action was conducted about the conduct of the covert investigative action may be postponed as many times as necessary in order not to endanger State security, public order and the interests of legal proceedings. In this case, notification to the relevant person about the conduct of the covert investigative action may, in accordance with the procedure established by paragraph 4 of this Article, be postponed on each occasion by not more than 12 months.

7. If, in the case provided for by paragraph 6 of this Article, the prosecutor has adopted a summary decision in a criminal case, the person against whom the covert investigative action was conducted shall be notified of the conduct of the covert investigative action immediately after the adoption of the said summary decision.

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014.

Law of Georgia of 6 September 2022 No. 1722 – website, 14.09.2022.

Law of Georgia of 16 April 2025 No. 500 – website, 17.04.2025.

Article 143¹⁰. Register of covert investigative actions🔗

1. The Supreme Court of Georgia shall establish a register of covert investigative actions, which shall reflect statistical information related to covert investigative actions, namely: information on motions filed with the courts in connection with the conduct of covert investigative actions and on rulings adopted by the courts on them, as well as information on the destruction of material obtained as a result of an operative-investigative measure, which did not relate to the criminal activity of a person but contained data on the private life of that person or another person and was destroyed in accordance with paragraph 4 of Article 6 of the Law of Georgia on Operative-Investigative Activity.

2. The Supreme Court of Georgia shall be obliged to publish, at the end of each year, the information provided for by paragraph 1 of this Article.

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014.

Article 144. Grounds for Ordering an Expert Examination🔗

1. If without the participation of experts in the relevant field of science, technology, art or of a particular craft it is impossible to establish factual circumstances significant to the case, and also if on a body or an information-bearing object there is a trace, mark or peculiarity significant to the case, the correct understanding and perception of which is impossible without special knowledge, an expert examination shall be conducted.

2. An expert examination shall be conducted at the initiative of a party.

3. If the object of the expert study is kept by the other party, that party shall be obliged to hand over the object to the expert of the party initiating the expert examination. The party initiating the expert examination shall be entitled to conduct the expert examination. If the party cannot obtain it voluntarily, it shall be entitled to apply by motion to the court at the place of investigation for the transfer of the object of the expert study to the expert. The motion shall be considered no later than 48 hours. The time and place of consideration of the motion shall be notified to the parties. In the event of the non-appearance of the author of the motion, the motion shall not be considered. The court shall be entitled to consider the motion without an oral hearing. A ruling of the court shall not be subject to appeal.

(The normative content of the 8th sentence of paragraph 3 of Article 144, which prohibits a person without the status of an accused from appealing to the court of appeal a ruling adopted by the court of first instance on taking a sample from that person, was declared invalid) – Judgment of the Constitutional Court of Georgia of 24 June 2025 No. 3/6/1846 – website, 26.06.2025.

3¹. In the case provided for by paragraph 3 of this Article, if the expert of the party initiating the expert examination failed to or did not ensure the protection of the object of the expert study, the expert's conclusion shall be inadmissible evidence, and the examination of the expert as a witness shall be inadmissible.

3². After the transfer to the expert of an object, document, thing, substance, or other information-bearing object obtained within the framework of the initial examination on the basis of a motion of the defence party, the expert shall determine the possibility of conducting the expert examination repeatedly on the object of the expert study.

3³. If, in the case provided for by paragraph 3² of this Article, the expert has established that the object of the expert study may be suitable for conducting the expert examination only once (is consumable, is subject to destruction), and also in the case where it is impossible to establish this, the expert shall immediately notify the prosecution party thereof, and the prosecution party, in turn, shall immediately notify the defence party.

3⁴. In the case provided for by paragraph 3³ of this Article, the defence party shall have the right, within 3 days from receipt of the relevant notification, to submit written questions to the prosecution party. The prosecution party shall immediately send these questions to the expert.

3⁵. The expert examination conclusion drawn up within the framework of the initial examination shall be transferred to the defence party in accordance with the procedure established by paragraph 4 of Article 146 of this Code.

4. The resolution of the investigator or the prosecutor on the conduct of the expert examination and the application of the defence shall be binding upon the expert institution, the expert and the person who is the object of expert examination.

5. The resolution on the conduct of the expert examination and the application of the defence shall state the ground for ordering the expert examination, the questions put to the expert, the name of the expert institution or the surname of the person who has been entrusted with conducting the expert examination.

6. The defence shall be entitled, within the limits established by Article 46 of this Code and in accordance with the established procedure, to request reimbursement, at the expense of the State, of the costs of an expert examination conducted on its initiative.

7. By resolution of the investigator or the prosecutor, an expert examination may be conducted in the territory of a foreign State without sending a request for legal assistance, if the conduct of such procedural action without submitting a request for legal assistance is permitted by the law of the respective foreign State.

Law of Georgia of 5 May 2011 No. 4631 - website, 19.05.2011.

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013.

Law of Georgia of 20 July 2018 No. 3157 – website, 06.08.2018.

Law of Georgia of 17 October 2019 No. 5186 – website, 23.10.2019.

Decision of the Constitutional Court of Georgia of 24 June 2025 No. 3/6/1846 – website, 26.06.2025.

Article 145. Object of expert examination🔗

1. The object of expert examination, if its volume and properties so permit, shall be transferred to the expert in packaged and sealed form.

2. The object of expert examination may be consumed to the extent necessary for the expert examination.

3. Immediately upon completion of the expert examination, the unconsumed part of the object of expert examination shall be returned in packaged and sealed form to the person or body that ordered the expert examination, and if the expert examination is conducted on the basis of paragraph 3 of Article 144 of this Code, the object of expert examination shall be returned to the party with which it was kept before the ordering of the expert examination.

Article 146. Expert Opinion🔗

1. After conducting the necessary examination, the expert shall give an opinion. The expert shall confirm the written opinion by signature.

2. The expert opinion shall state the expert's identity (name, surname, education, specialty, length of service in the specialty, academic degree and academic title, place of work and position), the fact that the expert was warned of criminal liability for giving a deliberately incorrect opinion, the grounds for conducting the expert examination, who attended it, what materials were used, what object, document, sample or other item was examined, what examination was conducted and what methods the expert used, reasoned answers to the questions posed, and circumstances established on the expert's initiative and relevant to the case.

3. The expert opinion shall be accompanied by items, samples, photographs, diagrams and other materials remaining after the examination that confirm the expert opinion.

4. Upon receipt of the expert opinion, the party that initiated the expert examination shall immediately transmit it to the other party if there is such a request.

Article 147. Taking of a sample🔗

1. The taking of a sample shall be carried out by a party. A party shall have the right to take a sample reflecting the properties of a human, a corpse, an animal, a substance, an object or another object containing information.

2. If the taking of a sample requires the use of surgical or medical means, the sample shall be taken by an expert.

3. The taking of a sample which does not cause the sensation of severe pain shall be permissible with the consent of the person from whom the sample is to be taken. If the taking of a sample does not cause the sensation of severe pain and the person refuses the voluntary taking of the sample or the person is unable to express the will regarding the taking of a sample from him/her, the taking of a sample shall be carried out on the basis of a motion of a party by a ruling of the court. If there exists the urgent necessity provided for by paragraph 5 of Article 112 of this Code, the taking of a sample may be carried out without a ruling of the court, by a resolution of the investigator.

4. In case of urgent necessity, within 12 hours from the commencement of the taking of a sample (and if the expiry of this term falls on non-working time − not later than 1 hour after the passage of that time), the prosecutor shall notify the court at the place of investigation or the court in whose territorial area of activity the procedural action was conducted, shall submit to it a motion on the verification of the lawfulness of the taking of the sample and shall hand over the materials of the criminal case (or copies thereof) which substantiate the necessity of conducting this procedural action urgently. The court, not later than 24 hours after the receipt of the case materials, shall decide the motion without an oral hearing. The court shall be entitled to consider the motion with the participation of the prosecutor and the person against whom the procedural action was conducted.

5. The taking of a sample which causes the sensation of severe pain shall be permissible only in an exceptional case and with the consent of the person from whom the sample is to be taken, as well as with the consent of the parent, guardian or curator, if this person has not attained 16 years of age or if he/she is mentally ill, or by a ruling of the court.

Law of Georgia of 19 February 2015 No. 3090 - website, 06.03.2015.

Article 147¹. Medical examination🔗

1. A medical examination shall be conducted by a party, in a medical institution, by a doctor with the relevant qualification, for the purpose of establishing circumstances relevant to the case. A medical examination includes any type of medical manipulation and procedure that does not cause the sensation of severe pain.

2. A medical examination may be conducted with the consent of the person in respect of whom the procedural action is to be conducted. If the person refuses to undergo a medical examination or lacks the capacity to express the will to undergo a medical examination, the medical examination shall be conducted on the basis of a party's motion, by a ruling of the court. If there is a necessity, provided for by paragraph 5 of Article 112 of this Code, to conduct the procedural action urgently, the medical examination may be conducted without a ruling of the court, by a resolution of the investigator.

3. In the event of the existence of a necessity to conduct the procedural action urgently, within 48 hours from the commencement of the medical examination, the prosecutor shall, according to the place of investigation, notify the court or the court in whose territorial jurisdiction the procedural action was conducted about the conduct of the medical examination, shall submit a motion for verification of the lawfulness of the medical examination and shall hand over the materials of the criminal case substantiating the necessity to conduct this procedural action urgently, or copies thereof. The court shall decide on this motion without an oral hearing no later than 24 hours after receipt of the said case materials. The court is entitled to consider the motion with the participation of the prosecutor and the person in respect of whom the procedural action was conducted.

Law of Georgia of 16 April 2025 No. 500 – website, 17.04.2025.

Article 148. Grounds for taking a sample🔗

A ruling of the court for taking a sample shall be issued in accordance with the procedure provided for by paragraph 3 of Article 144 of this Code.

Article 149. Compulsory appearance, bringing🔗

1. A party shall be entitled to file a motion at a court hearing for the summoning of its witness.

2. A person whom the court summons in cases established by law shall be obliged to appear at exactly the appointed time and place. In case of failure to appear, he/she may be brought by force.

3. Bringing is carried out for the purpose of ensuring the participation of a witness in an investigative or other procedural action or in a court hearing, if he/she refuses to appear voluntarily.

4. The party initiating the expert examination shall be obliged to ensure the bringing of the accused, the victim and the witness to the expert, if examination of their body or psyche has become necessary or if the attendance of the said persons at the expert examination has been deemed necessary. Forcible bringing is carried out on the basis of a party's motion by a court ruling, which shall be issued in accordance with the procedure provided for by paragraph 3 of Article 144 of this Code. At the investigation stage, the bringing of the accused shall be permissible only by a court ruling.

5. The decision on bringing shall state: the first name, last name, procedural status, place of residence or place of work of the person to be brought; the ground for his/her bringing; when and where the person must be brought; who is responsible for bringing him/her.

Article 150. Execution of the decision on bringing🔗

1. The decision on bringing shall be transferred for execution to the relevant law enforcement body.

2. When the person to be brought is found, the authorized official shall notify him/her against receipt of the decision on bringing and bring him/her to the body (person) indicated in the decision. At the same time, a note shall be made on the decision regarding the time and place of finding the person, the time of bringing, as well as his/her statements and complaints related to the bringing.

3. The decision on bringing shall be executed within a reasonable time.

4. If the authorized official determines that the bringing of the person is impossible, he/she shall indicate in writing on the decision on bringing the reasons for this and return the decision without execution to the initiator of the bringing.

Article 151. Purpose and Grounds for Seizing Property🔗

1. In order to secure a measure of criminal procedural coercion — the possible confiscation of property — the court may, on the basis of a party's motion, seize the property of the accused, of the person materially responsible for his actions and/or of a person related to him, including bank accounts, if there are data that the property will be concealed or spent and/or that the property was obtained by criminal means. If there are data that the property was obtained by criminal means, but its tracing is not possible, the court is entitled to seize property of equivalent value to that property. Where the conditions specified in this paragraph exist, if the accused is an official, the prosecutor shall be obliged to bring before the court a motion on the seizure of the official's property, including bank accounts, as well as on the suspension of the performance of obligations assumed under contracts concluded by the official on behalf of the state or on the implementation of other measures for securing a claim.

2. The seizure of property provided for by this Code shall also be applied during the preparation of one of the crimes provided for by Articles 323–330 and 331¹ of the Criminal Code of Georgia or of another especially grave crime, as well as to secure their prevention, if there are sufficient data that this property will be used to commit a crime.

3. The court may also seize property if there are sufficient data that this property is the property of a person convicted of committing a corrupt crime, a racketeering crime, a crime committed by a member of the "thieves' world"/a "thief-in-law", or a crime provided for by subparagraph "c" of paragraph 3 of Article 194 of the Criminal Code of Georgia.

3¹. By a ruling on the seizure of property adopted by the court on the basis of a motion of the prosecution, property may also be seized if there is a reasoned assumption that a crime has been committed in respect of this property, and/or there is a reasoned assumption that this property was obtained by criminal means, and moreover, the seizure of the said property is necessary in order to achieve one or several of the following purposes:

a) to prevent the commission of a new crime;

b) to protect it from destruction or damage;

c) to prevent its concealment, alienation or spending;

d) to secure its possible confiscation on the basis of Article 52 of the Criminal Code of Georgia.

3². In order to secure the payment of compensation to the victim, by a ruling on the seizure of property adopted by the court on the basis of a motion of the prosecution, seizure shall also be imposed on the property provided for by Chapter XVII¹ of this Code.

4. When deciding issues related to the seizure of property, the provisions of the Civil Procedure Code of Georgia may be applied, if they do not contradict this Code.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia No. 2153 of 18 April 2018 – website, 01.05.2018.

Decision No. 2/1/1434,1466 of the Constitutional Court of Georgia of 25 February 2022 – website, 01.03.2022.

Law of Georgia No. 1854 of 23 September 2022 – website, 28.09.2022.

Law of Georgia No. 954 of 3 September 2025 – website, 05.09.2025.

Article 152. Restriction of powers upon imposition of an attachment on property🔗

1. In the case provided for by paragraph 1, 2 or 3 of Article 151 of this Code or by subparagraph „a“ or „c“ of paragraph 3¹ of the same Article, the imposition of an attachment on property prohibits its owner or holder from disposing of the property, and where necessary – also from using the property.

1¹. In the case provided for by subparagraph „b“ of paragraph 3¹ of Article 151 of this Code, the imposition of an attachment on property prohibits its owner or holder only from using the property, and in the case provided for by subparagraph „d“ of the same paragraph − only from disposing of the property.

2. The liquidator of a commercial bank, the special manager or the liquidator of a payment service provider or a microbank shall be entitled to transfer the attached accounts to another commercial bank, another payment service provider, another microbank and/or the National Bank of Georgia in accordance with the Law of Georgia „On the Activities of Commercial Banks“, the Law of Georgia „On the Payment System and Payment Services“ and the Law of Georgia „On the Activities of Microbanks“.

3. In the cases provided for by the Law of Georgia „On Holding Dematerialized Securities“, the Law of Georgia „On the Securities Market“, the Law of Georgia „On Investment Funds“, the Law of Georgia „On the Activities of Commercial Banks“ and the Law of Georgia „On the Activities of Microbanks“, the liquidator or the special manager shall be entitled to transfer the attached securities accounts unchanged to another account operator or to a financial institution with the relevant authority.

Law of Georgia No. 1902 of 23 December 2017 – website, 11.01.2018.

Law of Georgia No. 5660 of 20 December 2019 – website, 31.12.2019.

Law of Georgia No. 1805 of 9 September 2022 – website, 23.09.2022.

Law of Georgia No. 1854 of 23 September 2022 – website, 28.09.2022.

Law of Georgia No. 2619 of 22 February 2023 – website, 10.03.2023.

Law of Georgia No. 3725 of 16 November 2023 – website, 07.12.2023.

Article 153. Property that may not be subject to attachment🔗

1. No attachment may be imposed on food products necessary for a person, fuel, inventory for professional activity and other items that ensure normal living conditions of a person, as well as on the financial pledge (object of financial pledge) provided by the Law of Georgia “On Financial Pledge, Repurchase Agreements and Derivatives”, on the assets included in the pool of collateral assets defined by subparagraph “b” of paragraph 1 of Article 2 of the Law of Georgia “On Mortgage Covered Bonds”, and on the settlement account of a system participant provided by the Law of Georgia “On Payment System and Payment Services”.

2. On the basis of an application of the National Bank of Georgia, no attachment may be imposed on the property of a commercial bank in the resolution regime and on bank accounts held therein, in accordance with the Organic Law of Georgia “On the National Bank of Georgia” and the Law of Georgia “On the Activities of Commercial Banks”, while the effect of the attachment on the attached property and bank accounts shall be suspended for the period specified in the application of the National Bank of Georgia, which shall not exceed 90 calendar days. The judge shall issue a ruling within 24 hours of the application of the National Bank of Georgia. If the resolution regime ends earlier than the period specified in the ruling, the National Bank of Georgia shall notify the court thereof, and the court shall revoke the effect of the ruling on suspension.

3. No attachment may be imposed on the pension assets provided by paragraph 4² of Article 21 of the Law of Georgia “On Enforcement Proceedings”, if the application of a security measure is requested on the basis of a disputed claim existing against the relevant entity defined by the respective law indicated in the same paragraph.

Law of Georgia of 25 May 2012 No. 6314 – website, 12 June 2012

Law of Georgia of 20 December 2019 No. 5660 – website, 31 December 2019

Law of Georgia of 20 December 2019 No. 5684 – website, 31 December 2019

Law of Georgia of 29 November 2022 No. 2118 – website, 16 December 2022

Law of Georgia of 28 June 2023 No. 3351 – website, 19 July 2023

Article 154. Motion for the seizure of property and the procedure for its consideration🔗

1. A party shall draw up and, according to the place of investigation, send to the court a reasoned motion for the seizure of property and the information necessary for its consideration.

1¹. In the case provided for by paragraph 2 or 3 of Article 158 of this Code, before the expiration of the 12-month period established at the previous stage of the seizure of property, if the relevant ground for the seizure of property still exists, the prosecution is entitled to apply to the court by motion for the seizure of property for the 12-month period established at the next stage.

1². In the case provided for by paragraph 2 or 3 of Article 158 of this Code, if the ruling on the seizure of property has been revoked, but the period provided for by the same paragraph has not expired and the ground provided for by paragraph 3¹ of Article 151 of the same Code exists, the prosecution is entitled to apply to the court by motion for the seizure of property for the period established at the remaining stages.

1³. After the seizure of property on the ground provided for by paragraph 3¹ of Article 151 of this Code, if the existence of the ground provided for by paragraph 1, 2 or 3 of Article 151 of this Code is confirmed, the prosecution is entitled to apply to the court by motion for the seizure of property on the changed ground.

1⁴. The prosecution is entitled at any stage of the criminal proceedings to apply to the court by motion for the full or partial revocation of the ruling on the seizure of property.

2. The judge shall decide the motion without an oral hearing no later than 48 hours after the receipt of the motion and the information necessary for its consideration. The judge is entitled to consider the motion with the participation of the party filing the motion. In this case, when considering the motion, the rule provided for by paragraph 3 of Article 144 of this Code shall apply.

Law of Georgia No. 1854 of 23 September 2022 – website, 28.09.2022.

Article 155. Resolution on the seizure of property in case of urgent necessity🔗

1. In case of urgent necessity (except for the case provided for by paragraph 2 of Article 153 of this Code), if there is a reasoned assumption that the property will be concealed or destroyed, the prosecutor shall have the right to issue a reasoned resolution on the seizure of property.

2. Within 12 hours after the enforcement of the resolution on the seizure of property in case of urgent necessity (and if the expiry of this period coincides with non-working time, then no later than 1 hour after the expiry of that time), the prosecutor shall notify the court at the place of investigation, or the court in whose territorial area of activity the procedural action was conducted, of the seizure, shall submit a motion on verification of the lawfulness of the seizure, and shall transmit the materials of the criminal case (or copies thereof) substantiating the necessity of conducting the investigative action urgently. The court, no later than 24 hours after the receipt of the materials, decides on the motion without an oral hearing. The court is entitled to consider the motion with the participation of the prosecutor and the person against whom the investigative action was conducted.

Law of Georgia of 20 December 2019 No. 5660 – website, 31.12.2019.

Article 156. Appeal against the court ruling on the seizure of property🔗

The court ruling on the seizure of property shall be transmitted to the person having the right of appeal within 48 hours after the issuance of the ruling. This ruling shall be appealed in the manner established by Article 207 of this Code. The ruling may be appealed by the prosecutor, the accused and/or the person whose property rights may be violated as a result of this ruling, as well as their attorneys. The time limit for appealing the ruling shall be counted from the moment of its transmission to the authorized person.

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013.

Article 157. Rule for enforcement of the ruling (resolution) on the seizure of property🔗

1. A party shall present the court ruling, and in case of urgent necessity – the prosecutor's resolution on the seizure of property, to the person who holds the property, and shall demand the transfer of this property. If the fulfilment of this demand is refused or there is reliable data that not all of the property has been transferred, a search shall be conducted in accordance with the procedure established by this Code.

2. When imposing seizure, it shall be determined what item and value shall be subject to seizure within the amount indicated in the ruling (resolution).

3. An expert may participate in the seizure of property, who shall determine the value of the property.

4. The amount of damage caused by the crime and the value of the property subject to seizure shall be determined by average market prices.

5. When seizing a bank account, the person's right to dispose of the funds existing or held in their bank account shall be restricted, and when seizing a certain amount of money, the person's right to dispose of the funds existing or held in their bank account shall be restricted within the scope of the seizure. If the property was acquired or increased with criminally obtained funds, seizure may be imposed on the entire property or its greater share. Seizure shall be imposed on the property of the accused, their family member, close relative, connected person and/or racketeering group (including the property of a legal entity and its subsidiary companies), regardless of the accused's share in this property, if there is sufficient evidence that this property or part of it is racketeering.

6. A record shall be drawn up on the seizure of property.

7. Seized property, except immovable and large-sized items, shall be taken away.

Law of Georgia of 25 May 2012 No. 6314 – website, 12.06.2012.

Article 158. Duration of the court ruling on the seizure of property🔗

1. Property shall be seized until the judgment is enforced, until the termination of criminal prosecution and/or investigation, except for the case provided for by paragraph 3¹ of Article 151 of this Code.

2. In the case provided for by paragraph 3¹ of Article 151 of this Code, property shall be seized in 2 stages and the duration of the seizure of property at each stage is 12 months.

3. In the case provided for by paragraph 3¹ of Article 151 of this Code, if the relevant procedures for the provision of legal assistance provided for by the Law of Georgia "On International Cooperation in the Criminal Law Sphere" have been initiated, property shall be seized in 4 stages and the duration of the seizure at each stage is 12 months.

Decision of the Constitutional Court of Georgia of 25 February 2022 No. 2/1/1434,1466 – website, 01.03.2022.

Law of Georgia of 23 September 2022 No. 1854 – website, 28.09.2022.

Article 158¹. Purposeful disposal of seized property🔗

1. A person in whose ownership there is seized property (hereinafter – the property owner) is entitled, for the purpose of compensating the damage caused as a result of the commission of a crime, at any stage of the proceedings to apply to the prosecutor and request the full or partial purposeful disposal of the seized property. The purposeful disposal of seized property may be carried out in the form of the transfer of it (the object of seizure), as well as of the money received by the person as a result of the purposeful realisation of this property.

2. In the case of placing a seizure on a person's bank/electronic account, he/she (the owner/manager of this account) is entitled, for the purpose of compensating the damage or on another motivated ground, to apply to the prosecutor and request the full or partial purposeful disposal of the monetary balance existing on the said account.

3. On the basis of a consent document executed in writing between the prosecutor and the property owner, his/her lawyer, the prosecutor is entitled to apply to the court with a motion on the full or partial purposeful disposal of the seized property, as well as with a motion on the full or partial purposeful disposal of the monetary balance existing on the seized bank/electronic account.

4. In the case of the execution of the consent document, a record on consent (record of the purposeful disposal of property) shall be drawn up, which reflects the process of negotiation between the prosecutor and the property owner (the owner/manager of the bank/electronic account). A copy of this record shall be given to the property owner and his/her lawyer. The said record shall be signed by the prosecutor, the property owner and his/her lawyer.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Article 158². Prosecutor's motion on the purposeful disposal of property and the procedure for its consideration🔗

1. If the prosecutor and the owner of the property, or his lawyer, agree on the purposeful disposal of the property, the prosecutor shall apply to the court according to the place of investigation with a written motion on the purposeful disposal of the property.

2. The prosecutor's motion shall be accompanied by the written statement of the owner of the property and copies of those materials of the criminal case which are necessary for the consideration of the motion. This statement must confirm that the owner of the property voluntarily declared its disposal and that he is fully aware of the expected legal consequences.

3. The motion shall be signed by the prosecutor, the owner of the property and his lawyer. The record of the purposeful disposal of the property shall be attached to the motion.

4. When considering the motion, the court, on the basis of the relevant materials of the criminal case, shall verify whether the motion is substantiated, whether the circumstances provided for by this Code exist and whether the request is lawful.

5. When considering the motion, the court shall be obliged to satisfy itself that:

a) the decision on the purposeful disposal of the property was taken without torture, inhuman or degrading treatment or other violence, intimidation, deception or unlawful promise;

b) the decision on the purposeful disposal of the property is voluntary;

c) the owner of the property is fully aware of the expected legal consequences;

d) the owner of the property received qualified legal assistance;

e) it fully reflects all the terms of the agreement concluded between the parties.

6. The judge shall be obliged to explain to the owner of the property that the filing of a complaint regarding the fact of torture, inhuman or degrading treatment by him will not prevent the enforcement of the agreement concluded in compliance with the law.

7. The judge shall consider the motion at an oral hearing, within 72 hours of the motion being addressed to him, and shall take a decision on granting the motion and the purposeful disposal of the property or on refusing to grant the motion. A refusal to grant the motion shall not be appealed, however it does not restrict the possibility of re-applying to the court after 3 months.

8. In the operative part of the court ruling on the purposeful disposal of the property, along with other necessary requisites, the identifying features and the volume of the property to be disposed of, the identity of the person receiving the property, and the decision on the full or partial lifting of the seizure imposed on the property shall be indicated.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Article 158³. Enforcement of the court ruling on the purposeful disposal of property🔗

The enforcement of the court ruling on the purposeful disposal of property shall be mandatory for the relevant institution (entity) with enforcement authority. It shall be obliged to enforce the court ruling immediately upon its receipt.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Article 158⁴. Capitalization of attached movable property🔗

1. If the defendant's movable property is attached to secure possible confiscation and, at the same time, the keeping of this property causes a significant reduction of its value, the prosecutor is entitled to request by motion the carrying out of the capitalization of the property through alienation by way of auction.

2. The motion on the capitalization of the property and the attachment of the capitalized property shall be considered by the court at the place of investigation, in the manner established by Article 154 of this Code, and it shall adopt a decision (ruling) on the satisfaction of the motion, the capitalization of the property and the attachment of the capitalized property, or on the refusal to satisfy the motion. The ruling may be appealed in the manner established by Article 207 of this Code. The right to appeal the ruling shall be held by the prosecutor, the defendant, and the defendant's lawyer. The time limit for appealing the ruling shall be counted from the moment of its delivery to the authorized person.

3. The prosecutor's motion shall be accompanied by a document of assessment of the movable property.

4. In the event of satisfaction of the motion, after the expiry of the appeal period, the ruling shall be sent for execution to the Legal Entity of Public Law within the system of the Ministry of Economy and Sustainable Development of Georgia − the National Agency of State Property, which shall ensure realization in accordance with the average market price of the property, in the manner established by the legislation of Georgia.

5. The amount received as a result of the alienation of the property shall, before the adoption of the final judgment in the criminal case, be placed in the account of the Legal Entity of Public Law within the system of the Ministry of Economy and Sustainable Development of Georgia − the National Agency of State Property, and the prosecutor shall be notified thereof.

6. The capitalization of the attached property does not deprive the interested person of the right to litigate over the capitalized property under civil proceedings.

7. In the event of alienation of the property, when adopting a final judgment in the criminal case according to which this property should not be confiscated from the defendant, the amount received/derived as a result of the alienation of this property shall be transferred to the defendant.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Article 159. Grounds for removal of the defendant from office (work)🔗

The defendant may be removed from office (work) if there is a reasoned assumption that, by remaining in this office (work), he will hinder the investigation, the compensation of the damage caused by the crime, or will continue criminal activity.

(The normative content of Article 159, which provides for the removal from office (work) of persons elected by secret ballot on the basis of the universal, equal and direct electoral right of local self-government, was declared invalid)

Judgment of the Constitutional Court of Georgia of 23 May 2014 No. 3/1/574 – website, 29.05.2014.

Article 160. Court ruling on the removal of the accused from office (work)🔗

1. After taking a decision on the removal of the accused from office (work), the prosecutor shall apply by written motion to the court at the place of investigation, which, if sufficient grounds exist, shall issue a ruling on the application of this measure.

2. The court ruling on the removal of the accused from office (work) shall indicate the identity of the person to be removed from office (work), his/her position (place of work), the ground for removal from office (work), the request for the removal of the accused from office (work), which is sent to the head of the institution, enterprise or organisation.

3. The court ruling on the removal of the accused from office (work) shall be binding on the head of the relevant institution, enterprise or organisation. He/she shall be obliged to execute the court ruling immediately upon its receipt and to notify the court thereof.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Judgment of the Constitutional Court of Georgia of 23 May 2014 No. 3/1/574 – website, 29.05.2014

Article 161. Time limit for the removal of the accused from office (work)🔗

1. A judge shall have the right to issue a ruling on the removal of the accused from office (work) before taking a final judgment on the case.

2. The court ruling on the removal of the accused from office (work) or on refusal of removal may be appealed in the manner provided for by Article 207 of this Code.

Article 162. Removal from office of certain persons (suspension from the exercise of official powers)🔗

1. The issue of the removal from office (suspension from the exercise of official powers) of a member of the Parliament of Georgia, deputies of the supreme representative bodies of the Autonomous Republics of Abkhazia and Adjara, the Public Defender of Georgia, a judge, the Auditor General shall be decided in the manner established by the legislation of Georgia.

2. The Prosecutor General of Georgia shall have the right to apply with a request for the removal from office (suspension from the exercise of official powers) of the persons referred to in paragraph 1 of this Article.

Law of Georgia of 2² June 2012 No. 6550 – website, 29.06.2012

Law of Georgia of 30 November 2018 No. 3814 – website, 13.12.2018

Article 163. Grounds for suspension of the validity of a passport of a citizen of Georgia or a neutral travel document for an accused (convicted) person🔗

The validity of a passport of a citizen of Georgia or a neutral travel document may be suspended if the person to whom the passport of a citizen of Georgia or the neutral travel document has been issued is an accused (convicted) person under the procedure established by this Code and there is a reasoned assumption that, by using the said passport/document, he/she will be able to leave Georgia or travel abroad.

Law of Georgia of 1 July 2011 No. 4995 – website, 15 July 2011

Article 164. Decision on the suspension of the validity of a passport of a citizen of Georgia or a neutral travel document for a wanted accused (convicted) person🔗

1. After taking a decision on the suspension of the validity of a passport of a citizen of Georgia or a neutral travel document for a wanted accused (convicted) person, the prosecutor shall apply by written motion to the court at the place of investigation, which, if sufficient grounds exist, shall issue a ruling on the application of this measure. The court is entitled to consider the motion without an oral hearing. The court's ruling may be appealed in the manner provided for by Article 207 of this Code.

2. The court's ruling on the suspension of the validity of a passport of a citizen of Georgia or a neutral travel document shall state: the date and place of drawing up the ruling; which official or body is authorised to execute the ruling; the name, surname, date of birth and personal number of the holder of the passport/document; the number of the passport/document, the body issuing the passport/document and the date of issue of the passport/document.

3. Suspension of the validity of a passport of a citizen of Georgia or a neutral travel document implies restriction of the right of the wanted accused (convicted) person to leave Georgia or travel abroad. A passport of a citizen of Georgia or a neutral travel document whose validity has been suspended may not be used (accepted) as a sufficient (necessary) document for leaving Georgia or travelling abroad.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24 September 2010, Art. 328

Law of Georgia of 1 July 2011 No. 4995 – website, 15 July 2011

Article 165. Time limit for suspension of the validity of the passport of a citizen of Georgia, neutral travel document for a wanted accused (convicted)🔗

1. The validity of the passport of a citizen of Georgia, neutral travel document for a wanted accused (convicted) shall be suspended until execution of the judgment, until termination of criminal prosecution.

2. The prosecutor is entitled, earlier than the time limit provided by paragraph 1 of this Article, at any time to issue a resolution on cancellation of the suspension of the validity of the passport of a citizen of Georgia, neutral travel document.

3. The prosecutor shall immediately notify the Public Service Development Agency of the resolution on cancellation of the suspension of the validity of the passport of a citizen of Georgia, neutral travel document.

4. A person whose validity of the passport of a citizen of Georgia, neutral travel document has also been suspended has the right to notify the Public Service Development Agency of the cancellation of the suspension of the validity of the said passport/document.

Law of Georgia of 1 July 2011 No. 4995 – website, 15.07.2011.

Law of Georgia of 25 May 2012 No. 6317 – website, 19.06.2012.

Article 165¹. Search for an accused/convicted person who escaped during removal/transfer from a penitentiary institution or another place of placement or during extradition🔗

On the basis of the application of the General Director of the Special Penitentiary Service (hereinafter – the Special Penitentiary Service), a state sub-agency institution within the system of the Ministry of Justice of Georgia, the prosecutor issues a resolution on the search, through police bodies, for an accused/convicted person who escaped during removal/transfer from a penitentiary institution or another place of placement or during extradition.

Law of Georgia of 1 June 2017 No. 945 – website, 20.06.2017.

Law of Georgia of 5 July 2018 No. 3126 – website, 11.07.2018.

Article 165². Making a decision on restricting the accused's right to a short-term visit and/or a long-term visit, correspondence and/or telephone conversation, its appeal and review🔗

1. If there is a reasoned assumption that, as a result of the accused placed in a penitentiary institution enjoying the right to a short-term visit and/or a long-term visit, correspondence and/or telephone conversation, a crime will be committed, influence will be exerted on a witness, the obtaining of evidence will be hindered or the administration of justice will otherwise be impeded, the prosecutor or investigator is entitled to restrict, in accordance with the procedure established by this Code, the right of the accused provided for by this paragraph to a short-term visit and/or a long-term visit, correspondence and/or telephone conversation.

2. The right/rights of the accused provided for by paragraph 1 of this Article may be restricted by a resolution of the prosecutor or investigator for not more than 2 months, except for the case provided for by paragraph 3 of this Article. After the expiry of the term of restriction of the right/rights determined by the resolution, the restriction of this right/these rights shall be lifted.

3. If, at the moment of expiry of the term determined by paragraph 2 of this Article, the legal ground provided for by paragraph 1 of this Article still exists, or if the said legal ground, after the lifting of the restriction of the accused's right/rights provided for by paragraph 1 of this Article, has again emerged, the prosecutor or investigator is entitled to restrict this right/these rights as many times as the respective legal ground exists. In this case, the said right/rights may each time be restricted for not more than 2 months.

4. If the respective legal ground necessary for restricting the accused's right/rights provided for by paragraph 1 of this Article no longer exists, the prosecutor shall be obliged to revoke his own or the investigator's resolution, and the investigator shall be obliged to revoke his own resolution.

5. If the respective legal ground necessary for restricting the accused's right/rights provided for by paragraph 1 of this Article no longer exists, the accused or his lawyer has the right to apply to the prosecutor by a motion and request the revocation of the resolution provided for by the same paragraph.

6. The resolution provided for by paragraph 1 or 3 of this Article, adopted by the prosecutor or investigator, as well as the resolution adopted by the prosecutor in connection with the motion provided for by paragraph 5 of the same Article, shall be sent by the person adopting the respective resolution to the penitentiary institution for transmission to the accused, as well as to the accused's lawyer (if any).

7. The accused or his/her defence lawyer shall have the right, within 5 days of delivery, to appeal to a superior prosecutor against a resolution adopted by the prosecutor as provided for by paragraph 1 or 3 of this Article, as well as against a resolution adopted by the prosecutor in connection with the motion provided for by paragraph 5 of this Article, and, within 5 days of delivery, to appeal to the respective district (city) court against the resolution adopted by the superior prosecutor in connection with such complaint.

8. The accused or his/her defence lawyer shall have the right, within 5 days of delivery, to appeal to a prosecutor against a resolution adopted by the investigator as provided for by paragraph 1 or 3 of this Article, and, within 5 days of delivery, to appeal to the respective district (city) court against the resolution adopted by the prosecutor in connection with such complaint.

9. The district (city) court shall be authorised to consider a complaint provided for by this Article within 5 days of its submission, with or without an oral hearing. In the case of consideration of the said complaint with an oral hearing, the judge shall consider it with the participation of the parties. The non-appearance of a party shall not impede the consideration of the complaint.

Law of Georgia No. 4031 of 15 December 2023 – website, 26.12.2023.

Article 165³. Grounds for payment of compensation to the victim🔗

1. By a guilty verdict, a person shall be imposed with the obligation to pay compensation to the victim if the following grounds exist simultaneously:

a) the convicted person is found guilty of committing the crime provided for by subparagraph „b“ of paragraph 3 of Article 180, subparagraph „c“ of paragraph 2 of Article 181, subparagraph „b“ of paragraph 3 of Article 182, subparagraph „b“ of paragraph 3 of Article 185, Articles 187 and 188 (if the damage exceeds GEL 10,000), subparagraph „b“ of paragraph 3 of Article 205¹, Article 220 or 220¹, or subparagraph „b“ of paragraph 3 of Article 286¹ of the Criminal Code of Georgia;

b) the victim does not refuse in writing the payment of compensation to the victim to him/her.

2. For the purposes of this Chapter, a convicted person is a person who committed the crime provided for by subparagraph „a“ of paragraph 1 of this Article.

3. The application of this Chapter does not deprive the victim of the right to sue, under civil proceedings, for compensation of the damage caused to him/her as a result of the commission of the crime.

4. In the case provided for by paragraph 3 of this Article, the victim shall not have the right to claim compensation for the part of the damage caused to him/her which he/she received in the form of compensation to the victim under the procedure established by this Chapter.

5. At the stages of investigation of a criminal case and its consideration in court, the prosecution shall take all possible and reasonable measures to ensure the payment of compensation to the victim.

Law of Georgia No. 954 of 3 September 2025 – website, 05.09.2025.

Article 165⁴. Imposition of the obligation to pay compensation to the victim🔗

1. By a conviction judgment, the obligation to pay compensation to the victim shall be imposed in the following sequence:

a) on the convicted person − from the property in his/her ownership;

b) on a close relative of the convicted person or another person − from that property of the convicted person which, as a result of a one-time or multiple transfer, he/she received free of charge or at a price significantly lower than the market value after the convicted person committed the crime provided for by subparagraph "a" of paragraph 1 of Article 165³ of this Code;

c) on a close relative of the convicted person or another person provided for by subparagraph "b" of this paragraph − from other property in his/her ownership, in connection with the receipt of which he/she is found guilty of committing the crime provided for by Article 194 of the Criminal Code of Georgia, if the property provided for by subparagraph "b" of this paragraph is not sufficient for the payment of compensation to the victim;

d) on a close relative of the convicted person or another person − from that property of the convicted person which, as a result of a one-time or multiple transfer, he/she received for consideration after the convicted person committed the crime provided for by subparagraph "a" of paragraph 1 of Article 165³ of this Code, if the close relative of the convicted person or another person is found guilty of committing the crime provided for by Article 194 of the Criminal Code of Georgia in connection with the receipt of this property;

e) on a close relative of the convicted person or another person provided for by subparagraph "d" of this paragraph − from other property in his/her ownership, in connection with the receipt of which he/she is found guilty of committing the crime provided for by Article 194 of the Criminal Code of Georgia, if the property provided for by subparagraph "d" of this paragraph is not sufficient for the payment of compensation to the victim;

f) on a close relative of the convicted person − from the property in connection with the receipt of which he/she is found guilty of committing the crime provided for by Article 194 of the Criminal Code of Georgia;

g) on the person who committed the crime provided for by paragraph 2 of Article 381³ of the Criminal Code of Georgia − from the property and the vehicle provided for by the same paragraph.

2. In the cases determined by subparagraphs "a" and "b" of paragraph 1 of this Article, compensation to the victim shall be paid on the basis of the judgment rendered against the convicted person.

3. In the cases determined by subparagraphs "c"−"f" of paragraph 1 of this Article, compensation to the victim shall be paid on the basis of the judgment rendered against the close relative of the convicted person or another person provided for by the same subparagraphs.

4. In the case determined by subparagraph "g" of paragraph 1 of this Article, compensation to the victim shall be paid on the basis of the judgment rendered against the person found guilty of committing the crime provided for by the same subparagraph.

5. The victim's compensation may be paid in whole or in part by any person in the name of or for the benefit of the convicted person and the person provided for by paragraph 1 of this Article. If such person has paid part of the victim's compensation, that part of the victim's compensation paid by him shall be counted towards the victim's compensation.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Article 165⁵. Measures to ensure the payment of victim's compensation🔗

The measures to ensure the payment of victim's compensation are:

a) imposition of attachment on the property from which, in accordance with this Chapter, the victim's compensation is to be paid;

b) prohibition of the convicted person from leaving Georgia.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Article 165⁶. Imposition of attachment on property🔗

1. If the victim does not declare in writing a refusal of the payment of victim's compensation to him or her, in order to ensure the payment of victim's compensation, attachment shall be imposed on the relevant property provided for by Article 165⁴ of this Code.

2. Attachment shall be imposed on the relevant property defined by paragraph 1 of this Article in proportion to the damage caused to the victim.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Article 165⁷. Prohibition of the convicted person from leaving Georgia🔗

1. The convicted person shall be prohibited from leaving Georgia if the following grounds exist simultaneously:

a) the convicted person is found guilty of committing a crime provided for by subparagraph "b" of paragraph 3 of Article 180, subparagraph "c" of paragraph 2 of Article 181, subparagraph "b" of paragraph 3 of Article 182, subparagraph "b" of paragraph 3 of Article 185, Articles 187 and 188 (if the damage exceeds GEL 10,000), subparagraph "b" of paragraph 3 of Article 205¹, Article 220 or 220¹, or subparagraph "b" of paragraph 3 of Article 286¹ of the Criminal Code of Georgia;

b) the convicted person is a citizen of Georgia or a stateless person having status in Georgia;

c) the victim does not declare in writing a refusal of the prohibition of the convicted person from leaving Georgia in order to ensure the payment of victim's compensation to him or her.

2. (Removed – 16.10.2025, No. 984).

3. (Removed – 16.10.2025, No. 984).

4. Monitoring of the enforcement of the prohibition of the convicted person from leaving Georgia by means of electronic supervision shall be carried out by a legal entity of public law operating in the field of governance of the Ministry of Justice of Georgia − the National Agency for Crime Prevention, Enforcement of Non-Custodial Sentences and Probation.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Law of Georgia of 16 October 2025 No. 984 – website, 17.10.2025.

Article 165⁸. Cancellation of the prohibition on leaving Georgia for a convicted person🔗

The prohibition on leaving Georgia for a convicted person shall be cancelled if the convicted person has paid compensation to the victim or the victim declares in writing that he/she waives the payment of compensation to the victim.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Law of Georgia of 16 October 2025 No. 984 – website, 17.10.2025.

Article 166. Criminal prosecution🔗

The initiation and conduct of criminal prosecution is the discretionary authority of the prosecutor only.

Article 167. Non-initiation and suspension of criminal prosecution and/or court hearing🔗

1. Criminal prosecution shall commence immediately upon the detention of a person or immediately upon his/her being charged as an accused (if he/she has not been detained).

2. Criminal prosecution and/or court hearing shall not commence or shall be suspended:

a) if the Parliament of Georgia/the Constitutional Court of Georgia/the High Council of Justice of Georgia has not given consent to bringing the Auditor General/a judge to criminal liability for the period during which the said person is protected by immunity;

b) if the issue of deprivation of immunity of a foreigner has been raised – from the day the issue is raised until its official resolution;

c) in respect of a person injured by a crime provided for by Article 143¹ and/or 143² of the Criminal Code of Georgia – during the reflection period;

d) if the court has applied to the Constitutional Court of Georgia regarding the constitutionality of a law – from the day of the application until the adoption of a judgment by the Constitutional Court;

e) if it is established that the accused was sane at the time of the commission of the crime, but after its commission became procedurally incapable due to insanity.

3. In the event of the existence of any of the circumstances indicated in paragraph 2 of this Article, during the investigation the prosecutor, and during the court hearing of the case – the court, upon a motion of a party, shall adopt a decision on the suspension of criminal prosecution and/or court hearing.

4. If the ground for suspension referred to in paragraph 2 of this Article no longer exists, the court hearing/criminal prosecution shall commence/resume.

5. The special procedure for bringing to criminal liability, arrest and application of other measures of criminal procedural coercion in respect of the President of Georgia, a member of the Parliament of Georgia, a member of the Constitutional Court of Georgia, a member of the Supreme Court of Georgia, another judge of the common courts of Georgia, the Auditor General, the Public Defender of Georgia, a person enjoying diplomatic immunity, as well as a representative of the International Criminal Court who, in the exercise of his/her powers, enjoys immunity in accordance with the Statute of the International Criminal Court, shall be determined by the Constitution of Georgia, international treaties of Georgia, this Code and other legislative acts of Georgia.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 2² June 2012 No. 6550 – website, 29.06.2012

Law of Georgia of 4 April 2014 No. 2209 – website, 08.04.2014

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014

Law of Georgia of 21 July 2018 No. 3276 – website, 09.08.2018

Law of Georgia of 5 September 2018 No. 3373 – website, 21.09.2018

Law of Georgia of 8 May 2019 No. 4604 – website, 08.05.2019

Law of Georgia of 30 December 2021 No. 1314 – website, 13.01.2022

Law of Georgia of 24 June 2025 No. 697 – website, 25.06.2025

Law of Georgia of 17 December 2025 No. 1300 – website, 23.12.2025.

Law of Georgia of 17 December 2025 No. 1339 – website, 23.12.2025.

Article 168. Discretionary prosecution🔗

1. A refusal to initiate criminal prosecution through the exercise of discretionary authority shall be formalised by the prosecutor by a relevant resolution. Before issuing a resolution on the refusal to initiate criminal prosecution, the prosecutor shall be obliged to consult the victim and to draw up a record in the manner established by paragraph 5¹ of Article 56 of this Code, and, in the event of issuing the resolution, to send a copy thereof to the victim within 1 week of the issuance of the resolution.

2. The victim shall have the right to appeal once against the prosecutor's resolution on the refusal to initiate criminal prosecution to a superior prosecutor. In this case, if the superior prosecutor does not grant the complaint, the victim shall have the right to appeal the prosecutor's decision to the district (city) court according to the place of investigation. The court shall issue a ruling within 15 days, with or without an oral hearing. The judgment taken by the court shall not be subject to appeal.

3. If the superior prosecutor or the court has annulled the prosecutor's resolution on the refusal to initiate criminal prosecution and the limitation period for bringing to criminal liability has not expired, criminal prosecution shall be initiated. In this case, the Prosecutor General of Georgia or a person authorised by him shall assign to another prosecutor the obligation to initiate criminal prosecution and to carry out other prosecutorial activities.

4. The victim shall be notified of the decisions referred to in this Article.

Law of Georgia of 24 July 2014 No. 2518 – website, 06.08.2014.

Law of Georgia of 21 July 2018 No. 3276 – website, 09.08.2018.

Law of Georgia of 30 November 2018 No. 3814 – website, 13.12.2018.

Law of Georgia of 8 May 2019 No. 4604 – website, 08.05.2019.

Law of Georgia of 30 December 2021 No. 1314 – website, 13.01.2022.

Judgment of the Constitutional Court of Georgia of 27 July 2023 No. 1/5/1355,1389 – website, 31.07.2023.

Law of Georgia of 24 June 2025 No. 697 – website, 25.06.2025.

Article 168¹. Diversion🔗

1. The prosecutor may not initiate or may terminate criminal prosecution against a person (subject of diversion) in respect of the commission of a less serious or serious crime, if the person (subject of diversion) fulfils one or several of the conditions listed below:

a) transfer to the State of unlawfully obtained property or compensation of the value of such property;

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

c) full or partial compensation of the damage caused by his/her act;

d) payment of a sum of money in favour of the State Budget, the minimum amount of which is GEL 500;

e) performance of socially useful unpaid work from 40 hours to 400 hours;

f) in the case of a domestic crime − completion of a mandatory training course focused on changing violent attitudes and behaviour.

2. Diversion shall not be applied to cases of crimes under Articles 1431, 1432, 1433, 144, 144¹, 144² and 144³ of the Criminal Code of Georgia, as well as to cases of crimes defined by the guiding principles of criminal policy.

3. If the person (subject of diversion) fails to fulfil the conditions of diversion, the prosecutor has the right to initiate or resume criminal prosecution.

Law of Georgia of 21 June 2011 No. 4868 – website, 06.07.2011.

Law of Georgia of 25 November 2011 No. 5352 – website, 05.12.2011.

Law of Georgia of 17 October 2014 No. 2706 – website, 31.10.2014.

Article 168². Rules for the application of diversion🔗

1. An offer of diversion to a person (subject of diversion) shall be made in written form. It shall set out the conditions of diversion, the time, place and means of their fulfilment.

2. The person (subject of diversion) shall be explained in writing that the fulfilment of the conditions of diversion is voluntary and that he/she enjoys all the rights of an accused.

3. Before taking a decision on diversion, the prosecutor shall consult the victim (if any).

4. Diversion shall, as a rule, be applied before the holding of a pre-trial hearing. Diversion may also be applied after the pre-trial hearing if the parties, for the purpose of applying diversion, apply to the court with a motion for the return of the case to the prosecutor. In this case, the court is entitled to return the case to the prosecutor, who shall offer diversion to the accused.

5. Diversion shall not be applied in respect of an accused who has been subjected to imprisonment as a measure of restraint.

6. When taking a decision on diversion, the prosecutor shall be guided by this Code and the guiding principles of criminal policy.

Law of Georgia of 21 June 2011 No. 4868 – website, 06.07.2011.

Law of Georgia of 25 November 2011 No. 5352 – website, 05.12.2011.

Article 169. Recognition of a person as an accused🔗

1. The basis for recognising a person as an accused is the body of evidence collected at the investigation stage which is sufficient for a reasoned assumption that this person has committed a crime.

(The normative content of paragraph 1 of Article 169, which provides for the possibility of recognising a person as an accused on the basis of the evidence defined by Article 76 of this Code (14 June 2013 version) — indirect testimony — was declared invalid) -

Decision of the Constitutional Court of Georgia No. 1/1/548 of 22 January 2015 – website, 04.02.2015.

2. Where there are sufficient grounds for bringing a charge, the prosecutor is entitled to issue a resolution on charging the person. After issuing the resolution, the prosecutor shall determine the time and place of bringing the charge. The charge shall be brought no later than 24 hours after the issuance of the resolution.

3. The resolution on the charge shall state:

a) the first name and surname of the accused, his/her patronymic, date, month and year of birth, personal number;

b) the formulation of the charge – a description of the incriminated act, indicating the place, time, method, means and instrument of its commission, as well as the consequence caused by this act;

c) the evidence obtained through the investigation which is sufficient for a reasoned assumption that the said crime was committed by this person;

d) the article, paragraph and subparagraph of the Criminal Code of Georgia by which this crime is provided for.

4. The operative part of the resolution on the charge shall contain the decision on charging the person.

5. The prosecutor, or an investigator acting on his/her instructions, shall present the resolution on the charge to the accused and his/her lawyer (if a lawyer defends the interests of the accused), who shall confirm by signature the fact of having been made aware of the resolution and of receiving a copy thereof. A copy of the resolution, together with a list of the rights and obligations of the accused, shall be handed over to the accused and/or his/her lawyer. If the accused or his/her lawyer refuses to confirm by signature the fact of having been made aware of the resolution and of receiving a copy thereof, the reason for the refusal to sign shall be noted on the resolution.

6. If the accused evades appearance before the investigative body, he/she or his/her close relative shall be given a reasonable time limit to retain a lawyer. If he/she does not retain a lawyer within this time limit, a lawyer shall be appointed to the accused on a mandatory basis. The prosecutor, or an investigator acting on his/her instructions, shall summon the accused's lawyer for the purpose of bringing the charge and shall present the resolution on the charge to him/her, which shall be considered as the bringing of the charge. The accused's lawyer shall confirm in writing the fact of having been made aware of the charge.

7. Charging a member of the Constitutional Court of Georgia requires the consent of the Plenum of the Constitutional Court of Georgia. Charging the Auditor General requires the consent of the Parliament of Georgia. Charging a member of the Supreme Court of Georgia or another judge of the common courts of Georgia requires the consent of the High Council of Justice of Georgia.

8. For one instance of a crime, before the commencement of the pre-trial hearing, a person may be recognised as an accused for not more than 9 months, unless before the expiry of that period a new charge has been brought against him for another instance of a crime. When such a charge is brought, the running of the said period shall be interrupted and the period shall be counted from the day on which the new charge is brought. Upon the expiry of the said period, the criminal prosecution of the person shall be terminated. If the criminal prosecution of a person has been terminated in the case provided for by this paragraph, it shall be inadmissible to bring the same charge against him in the future.

9. A person shall be entitled, within 10 days of the delivery of the ruling on the charge, in accordance with the procedure established by this Code, to file a complaint about the deliberate protraction of the commencement of criminal prosecution with a superior prosecutor or, according to the place of investigation, with a district (city) court, which shall consider the complaint within 3 days of its receipt. The court shall be entitled to consider the complaint without an oral hearing. The granting of the complaint shall be a ground for declaring inadmissible all evidence existing in relation to the said charge against that person which was obtained during the investigation after sufficient grounds for commencing criminal prosecution against the person had arisen. In the case provided for by this paragraph, the ruling of the court may be appealed in accordance with the procedure provided for by Article 207 of this Code to the investigative chamber of the respective court of appeal.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 2² June 2012 No. 6550 – website, 29.06.2012

Law of Georgia of 4 April 2014 No. 2209 – website, 08.04.2014

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014

Judgment of the Constitutional Court of Georgia of 22 January 2015 No. 1/1/548 – website, 04.02.2015

Law of Georgia of 21 July 2018 No. 3276 – website, 09.08.2018

Law of Georgia of 5 September 2018 No. 3373 – website, 21.09.2018

Law of Georgia of 8 May 2019 No. 4604 – website, 08.05.2019

Law of Georgia of 30 December 2021 No. 1314 – website, 13.01.2022

Law of Georgia of 24 June 2025 No. 697 – website, 25.06.2025

Law of Georgia of 17 December 2025 No. 1300 – website, 23.12.2025

Article 170. Detention🔗

1. Detention is a short-term deprivation of liberty.

2. A person shall be considered detained from the moment of restriction of freedom of movement. From the moment of detention, the person shall be considered an accused.

Article 171. Grounds for detention🔗

1. If there is a reasonable assumption that a person has committed a crime for which imprisonment is provided by law as a punishment, and also the person will abscond or will not appear in court, will destroy information important for the case or will commit a new crime, or if, in accordance with paragraph 4 of Article 16 of the Law of Georgia “On International Cooperation in the Criminal Sphere”, the issue of requesting consent from a foreign state is being considered, the court at the place of investigation, upon the motion of the prosecutor, without oral hearing, issues a ruling on the detention of the person. This ruling shall not be subject to appeal.

2. Detention of a person without a court ruling is possible if:

a) the person was caught in the act of committing a crime or immediately after its commission;

b) the person was seen at the place of commission of the crime and criminal prosecution is immediately carried out against him for the purpose of his detention;

c) clear traces of the committed crime were found on the person, on him or on his clothing;

d) the person absconded after committing the crime, but was subsequently identified by an eyewitness;

e) the person may abscond;

f) the person is wanted;

g) this possibility is provided for by the Law of Georgia “On International Cooperation in the Criminal Sphere”.

3. Detention of a person without a court ruling is permitted only if there is a reasonable assumption that the person has committed a crime and the risk of his absconding, failure to appear in court, destruction of information important for the case or commission of a new crime cannot be averted by another, alternative measure that is proportionate to the circumstances of the allegedly committed crime and the personal data of the accused.

4. The minor provided for by paragraph 8 of Article 26 of the Code on the Rights of the Child may not be detained, except in cases provided for by the legislation of Georgia.

Law of Georgia of 20 July 2018 No. 3157 – website, 06.08.2018.

Law of Georgia of 20 September 2019 No. 5010 – website, 27.09.2019.

Law of Georgia of 21 May 2020 No. 5910 – website, 25.05.2020.

Article 172. Person having the right to detain🔗

The right to detain shall be held by an employee of a body vested with the authority to conduct investigation who performs operative functions, the duty of protecting public order, conducts investigation or carries out criminal prosecution.

Article 173. Immunity upon detention🔗

The following shall not be detained: a person enjoying diplomatic immunity and members of his/her family, the President of Georgia, a member of the Parliament of Georgia, the Auditor General, the Public Defender of Georgia, a judge. This prohibition, except for the President of Georgia, a person enjoying diplomatic immunity and members of his/her family, shall not apply to the case provided for by subparagraph "a" of paragraph 2 of Article 171 of this Code.

Law of Georgia of 2² June 2012 No. 6550 – website, 29.06.2012.

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014.

Law of Georgia of 21 July 2018 No. 3276 – website, 09.08.2018.

Law of Georgia of 8 May 2019 No. 4604 – website, 08.05.2019.

Law of Georgia of 30 December 2021 No. 1314 – website, 13.01.2022.

Law of Georgia of 24 June 2025 No. 697 – website, 25.06.2025.

Law of Georgia of 17 December 2025 No. 1300 – website, 23.12.2025.

Article 174. Detention procedure🔗

1. If there is a ground for detention, the detaining civil servant shall, in a comprehensible form, notify the detainee thereof, explain to him what crime he is charged with, and inform him that he has the right to a lawyer, the right to silence and to refrain from answering questions, the right not to plead guilty, and that everything he says may be used against him in court. Inadmissible evidence is a statement made by the detainee before receiving the explanation provided for by this paragraph.

2. The detaining civil servant shall immediately take the detainee to the nearest police establishment or other law enforcement body.

3. If there is a reasonable assumption that the detainee has a weapon and/or intends to dispose of, damage or destroy an object, substance or other information-bearing item of evidentiary value, the detaining civil servant has the right to conduct a personal search in accordance with the procedure provided for by paragraph 2 of Article 121 of this Code.

4. Upon being brought to the place of detention, the detainee shall, in order to determine his general state of health, at his request, be examined by a doctor and an appropriate certificate shall be drawn up.

5. The term of detention shall not exceed 72 hours. Not later than 48 hours after detention, the detainee shall be served with a ruling on the charge. If the ruling is not served on the detainee within this period, he shall be immediately released.

6. The term of detention shall be counted within the term of imprisonment of the accused.

Law of Georgia of 7 December 2010 No. 3891 - LHG I, No. 67, 09.12.2010, Art. 418

Article 175. Detention Report🔗

1. The detaining civil servant shall, immediately upon detention, without delay draw up a detention report. If drawing up the detention report immediately upon detention is impossible for an objective reason(s), it shall be drawn up immediately upon bringing the detainee to a police establishment or other law enforcement body.

2. The detention report shall state: who, where, when, in what circumstances, on which ground specified in this Code was detained, the physical condition of the detainee at the moment of detention, of committing which crime he/she is accused, the exact time of his/her bringing to a police establishment or other law enforcement body, the list of rights and obligations of the accused provided for by this Code, as well as, in the relevant case, the objective reason(s) due to the existence of which it was impossible to draw up the detention report immediately upon detention.

3. The detention report shall be signed by: the official who detained the person, the detainee and his/her lawyer (if present). Immediately upon bringing the accused to a police establishment or other law enforcement body, the report shall be signed by an authorised person of the police or other law enforcement body. A copy of the detention report shall be given to the detainee. If during detention a personal search of the person was conducted, no separate report shall be drawn up in respect of this investigative action.

4. If during detention the person was not explained the rights provided for by Article 174 of this Code and was not given the detention report, or if the detention report was drawn up with a substantial violation that worsens the person's legal situation, the person deprived of liberty shall be immediately released.

Article 176. Grounds and procedure for the release of a detainee🔗

1. A detainee shall be released if:

a) the suspicion that he committed a crime has not been confirmed;

b) no decision has been taken to apply imprisonment as a measure of restraint in respect of him;

c) the detention period established by this Code has expired;

d) the consent of the authorised state body or official to the detention has not been obtained;

e) during the detention the criminal procedure law was substantially violated;

f) the detention is no longer necessary for achieving the purposes of the criminal proceedings.

2. A detainee shall be released by a decision of a prosecutor or a judge.

3. A detainee shall be released by a resolution of the head of the place of detention of detainees, if the detention period has expired.

4. Upon release, the detainee shall be given a copy of the decision on release.

5. Regardless of whether the detainee is convicted, the damage caused to him as a result of unlawful and unjustified detention shall be compensated in full from the state budget in accordance with civil procedure.

6. By a resolution of a prosecutor, the accused may be temporarily removed from the place of detention to participate in an investigative action, except in the case where an investigative action is to be conducted in which participation requires the consent of the detainee. The detainee shall be returned to the place of detention immediately upon completion of the investigative action.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 7 December 2010 No. 3891 - LHG I, No. 67, 09.12.2010, Art. 418

Article 177. Notification of detention, imprisonment or placement in a medical institution for examination🔗

1. A prosecutor or, on his instruction, an investigator shall, not later than 3 hours after the detention, imprisonment of a person or his placement in a medical institution for examination, notify one of the members of his family, and if there is no such person – one of his relatives or close persons, and in the case of imprisonment or placement in a medical institution, also notify the place of work or study.

2. If the detained, imprisoned person or the person placed in a medical institution for examination is a citizen of another state, this shall be notified within the period referred to in the first paragraph of this Article to the Ministry of Foreign Affairs of Georgia, which shall immediately notify the diplomatic mission or consular institution of the respective state thereof.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 12 June 2012 No. 6439 – website, 22.06.2012

Article 178. Guardianship measures for a person dependent on a person who is detained, arrested or placed in a medical institution for examination, his residential apartment and other property🔗

1. If a person who is detained, arrested or placed in a medical institution for examination has a minor child, an elderly parent, or another person is dependent on him, who remains without supervision and assistance, the prosecutor and the court shall be obliged to transfer them for guardianship to a relative, another person or the relevant institution, and if the person's property remains unsupervised, they shall take measures for its protection.

2. The person who is detained, arrested or placed in a medical institution for examination shall be immediately notified of the measures taken, about which the investigator or prosecutor draws up a report, which shall be attached to the criminal case, and/or a record shall be made in the minutes of the court hearing.

Article 179. Conduct of criminal proceedings in respect of an unidentified accused, convicted person🔗

1. If the identity (name, surname, age, sex, citizenship) of a person detained for committing a crime is not established and he refuses self-identification or, due to a physical defect or other objective circumstances, his identification becomes impossible, the investigator or prosecutor shall draw up a protocol in which, with the participation of the relevant experts, all possible external features of the person (approximate age, sex, height, hair colour, eye colour, other peculiarities of appearance and look) are described, by which his identification is possible (a photograph of the person shall be attached to the protocol). At the same time, with the consent of the head of the structural unit of the prosecution service exercising procedural guidance, the person may be assigned a conditional name by such a combination of digits and/or letters as will make it possible, from the factual circumstances of the case, to identify this person during subsequent procedural actions. The conditional name may not be degrading and insulting to human honour and dignity.

2. In the case indicated in the first paragraph of this Article, all subsequent procedural actions provided for by this Code shall be conducted in full scope, without hindrance. At the same time, all procedural actions in respect of an unidentified accused, convicted person shall be conducted with the mandatory participation of a lawyer. The costs of the appointed lawyer shall be reimbursed by the State.

3. Not later than 3 days after the charge of the unidentified person, if necessary, a medical-psychiatric examination shall be ordered in the manner established by this Code, by which, along with other issues, the mental state of this person, blood group, other biometric data shall be established and dactyloscopic registration shall be carried out.

4. The investigator, prosecutor shall be obliged to ensure that all reasonable measures provided for by the legislation of Georgia are taken for the purpose of identifying the person referred to in this Article (to establish his name, surname, age, citizenship and criminal record).

5. If the identity of the unidentified person is established at any stage of the criminal proceedings before the court delivers a guilty verdict, the investigator, prosecutor, court shall be obliged, within 48 hours, to bring the summary decisions existing in the criminal case into conformity with this circumstance.

6. Before delivering a verdict in respect of an unidentified person, the court shall be obliged to satisfy itself that all reasonable measures provided for by the legislation of Georgia have been taken to identify the said person.

7. If the identity of the unidentified person is established after the guilty verdict in respect of him has entered into force and this circumstance affects the qualification of the crime or the measure of punishment or entails release from criminal liability, the verdict shall be reviewed due to newly discovered circumstances, in the manner established by this Code, except for the case where these circumstances entail a reversal for the worse.

Law of Georgia of 2² May 2012 No. 6253 – website, 29.05.2012.

Article 180. Placement of a Person in a Medical Institution🔗

1. If there is a reasoned assumption that the accused was insane at the time of committing the crime or became insane after its commission, and the interests of public safety require his isolation in a medical institution, the court at the place of investigation, upon the motion of the prosecutor or the defence lawyer, issues a ruling on the placement of the person in a state medical institution. The motion shall be considered without an oral hearing, within 48 hours, and the decision adopted shall not be subject to appeal.

(The words of the second sentence of the first paragraph of Article 180, "the motion shall be considered without an oral hearing" and "and the decision adopted shall not be subject to appeal", were declared invalid) – Decision of the Constitutional Court of Georgia of 13 April 2022 No. 2/2/1506 – website, 15.04.2022.

2. The court's ruling on the placement of a person in a medical institution shall be drawn up independently of the resolution (ruling) on ordering the expert examination. It shall state: the first name, surname and procedural status of the person to be placed in the medical institution; the name of the medical institution in which the person is placed.

Decision of the Constitutional Court of Georgia of 13 April 2022 No. 2/2/1506 – website, 15.04.2022.

Article 181. Duration of a Person's Stay in a Medical Institution🔗

1. The accused may be placed in a medical institution for expert examination for a period of not more than 20 days.

2. In an exceptional case, on the basis of the conclusion of the doctors conducting the inpatient expert examination, this period may be extended by a court ruling for a further 10 days. Further extension of the period shall be inadmissible, even if the person placed in the medical institution consents thereto.

3. If a person has been placed in a medical institution several times in one criminal case, the total duration of his stay in that institution shall not exceed the period established by this Article.

4. The accused or his defence lawyer is entitled to apply to the court with a motion to extend the period of stay for the inpatient expert examination. The total duration of stay for the inpatient expert examination shall not exceed 2 months.

5. The period of the accused's stay for the inpatient expert examination shall be counted towards the period of detention, except for the period of stay for the inpatient expert examination conducted upon the motion of his defence lawyer.

Article 182. Publicity of a court hearing🔗

1. A court hearing shall, as a rule, be conducted orally and publicly.

2. The court shall examine materials containing state secrets at a closed hearing.

3. The court may, upon a party's motion or on its own initiative, adopt a decision on partially or fully closing the hearing:

a) for the purpose of protecting personal data, professional or commercial secrets;

b) (removed - 12.06.2015, No. 3715);

c) for the purpose of protecting the personal safety of a participant in the proceedings and/or a member of his/her family (close relative), or if a special measure for the protection of a participant in the proceedings is applied which requires the court hearing to be closed;

d) for the purpose of protecting the interests of a victim of a sexual crime, human trafficking (trafficking) or domestic crime;

e) when personal correspondence and personal communication are published at a court hearing, if the person does not consent thereto;

f) if a participant in the proceedings was involved in a covert investigative action or operative-search activity.

4. A judge shall be entitled, for the purpose of maintaining order, on his/her own initiative, to partially or fully close the court hearing.

4¹. Notwithstanding the issuance of a ruling on partially or fully closing the court hearing, the judge shall be entitled to grant a person recognised as a victim in this case the right to attend the hearing or part of the hearing.

4². In the process of examination of evidence at a closed court hearing with the participation of a witness and a victim, if the witness/victim so wishes, the witness and victim coordinator of the prosecution service shall be present.

5. If, at a closed court hearing, the resolution of the issue of consideration of the case requires public examination of a circumstance which should not be made public, and the opposing party does not agree to the motion to close the hearing, this issue shall be considered at a closed hearing.

6. The judge shall be obliged to publicly announce the ground for closing the court hearing.

7. The court may oblige a person attending a closed hearing not to disclose the information which became known to him/her at that hearing.

8. A person under 14 years of age shall not be admitted to a court hearing, except where he/she is a participant in the proceedings. The chairperson of the hearing shall be entitled to permit a person under 14 years of age to attend the court hearing.

9. An armed person shall be admitted to the courtroom only with the permission of the chairperson of the hearing.

10. The chairperson of the hearing shall be entitled not to admit to the court hearing a person who has appeared in inappropriate form or condition.

Law of Georgia of 25 May 2012 No. 6328 – website, 12.06.2012.

Law of Georgia of 24 July 2014 No. 2518 - website, 06.08.2014.

Law of Georgia of 17 October 2014 No. 2706 - website, 31.10.2014.

Law of Georgia of 12 June 2015 No. 3715 – website, 24.06.2015.

Law of Georgia of 4 May 2018 No. 2270 – website, 21.05.2018.

Law of Georgia of 22 June 2021 No. 663 – website, 24.06.2021.

Law of Georgia of 16 April 2025 No. 500 – website, 17.04.2025.

Article 182¹. (removed)🔗

Law of Georgia of 18 January 2013 No. 205 – website, 28.01.2013.

Law of Georgia of 1 May 2013 No. 583 – website, 20.05.2013.

Article 183. Immutability of the composition of the court during the hearing of a case🔗

The court shall hear a case with an unchanged composition. If any judge is unable to participate in the court hearing, he or she shall be replaced by another judge of the same court and the hearing of the case shall begin anew, except for the case provided for by Article 184 of this Code.

Article 184. Reserve judge🔗

1. By decision of the chairperson of the court, a reserve judge may be appointed to the case, who replaces a judge who has left the composition of the court, and the hearing of the case continues.

2. If the case is heard by a jury court, by decision of the chairperson of the court, a reserve judge shall be appointed to the case on a mandatory basis, who, in the event of the absence of the chairperson of the jury selection hearing, replaces him or her, and the jury selection process continues.

Law of Georgia of 28 June 2021 No. 707 – website, 29.06.2021.

Judgment of the Constitutional Court of Georgia of 20 November 2024 No. 1/4/1300 – website, 22.11.2024.

Article 185. Place and continuity of court hearing🔗

1. A court hearing proceeds in the courtroom. For the purpose of inspecting an incident or another place, structure, transport or another such object that cannot be brought into the courtroom, as well as due to the serious illness of a person to be questioned or another objective reason, the court hearing may, upon motion of the parties, be held outside the courtroom.

2. A court hearing proceeds continuously, except for the time necessary for a recess. Postponement of the consideration of a case in court on the basis of a party's motion by court ruling is possible only in the case of non-appearance of a judge, a juror, a party, a witness or an interpreter, the conduct of an investigative action, as well as in a case directly provided for by this Code. During the period of postponement of the consideration of the case, the court is entitled to consider another criminal case (motion, complaint).

3. After 18:00, the court may, upon motion of a party or on its own initiative, postpone the consideration of the case.

4. A party has the right to apply to the court in advance with a reasoned motion on changing the date of the court hearing session (setting it earlier or later than the established date), of which it must notify the other party. The court considers the motion without an oral hearing. The decision taken shall not be subject to appeal.

5. The parties have the right, on the basis of mutual agreement, jointly, to apply to the court in advance with a reasoned motion on changing the date of the court hearing session (setting it earlier or later than the established date). The court considers the motion without an oral hearing. Its decision shall not be subject to appeal.

6. The court of first instance shall deliver the judgment not later than 24 months after the pre-trial hearing judge takes a decision on transferring the case for consideration on the merits.

7. The time limit established by paragraph 6 of this Article shall not apply to a criminal case in which the accused evades appearance in court and/or a search has been declared for the accused.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No 50, 24.09.2010, Art. 328

Law of Georgia of 7 December 2010 No. 3891 - LHG I, No 67, 09.12.2010, Art. 418

Law of Georgia of 5 May 2011 No. 4631 - website, 19.05.2011

Law of Georgia of 8 July 2015 No. 3976 - website, 20.07.2015

Article 186. Order of the court session🔗

1. Before the court enters the courtroom and before it leaves the courtroom, the secretary of the court session respectively announces: "All rise, the court is entering!", "All rise, the court is leaving!". Immediately upon the utterance of these words, all those present at the court session stand up.

2. A participant of the court hearing addresses the court politely and with respect, after which, standing up, he/she makes the necessary statement. An exception from the rules of conduct in court is permissible with the permission of the presiding judge of the court session.

Article 187. Opening of the court session🔗

The court session opens with the report of the judge (in the case of consideration of the case by a collegial procedure – the reporting judge) on the opening of the consideration of the case.

Article 188. Appearance of a party at the court session🔗

1. A party shall be obliged to appear at the court session at the established time.

2. A party shall be obliged, in the manner established by this Code, before the commencement of the court hearing, to notify the court of its failure to appear for a valid reason.

3. On the basis of a motion of a party, by a judgment of the court, that same party may participate in the court hearing remotely, using technical means, of which the parties shall be notified in advance.

Law of Georgia No. 6392 of 5 June 2012 - website, 19.06.2012.

Article 189. Consideration of a case in the absence of the accused🔗

1. Consideration of a case in the absence of the accused shall be permissible if he evades appearance in court. In such a case, the participation of the accused's lawyer in the consideration of the case shall be mandatory.

2. If the detained accused was not brought to the court session due to failure to carry out transportation, the court shall postpone the consideration of the case for a reasonable period, but not more than 10 days, and shall notify the General Director of the Special Penitentiary Service thereof, who shall be obliged to ensure the bringing of the accused to the next session and to notify the court of the reason for the failure to carry out the transportation of the accused.

Law of Georgia No. 3528 of 1 May 2015 - website, 18.05.2015.

Law of Georgia No. 3126 of 5 July 2018 – website, 11.07.2018.

Article 190. Participation of the prosecutor and the defence lawyer in the court hearing and the consequences of their non-appearance🔗

1. If the defence lawyer fails to appear at the court hearing, the court shall ensure the defence of the accused at the expense of the State, in accordance with the procedure established by this Code, and shall postpone the consideration of the case for a reasonable period, but not more than 10 days. The court is entitled to postpone the consideration of the case once again at the next hearing for not more than 5 days, if the defence side submits a reasoned motion substantiating the objective reason for the defence lawyer's non-appearance. In the event of failure to submit a motion, of dismissal of the submitted motion, or of the defence lawyer's repeated non-appearance after the motion is granted, the hearing shall continue with the participation of a defence lawyer of the relevant legal aid service.

2. If the case is being considered in respect of two or more accused and the defence lawyer of any of them fails to appear at the court hearing, the court may continue the consideration of the case in respect of the other accused, if this does not infringe the interests of the accused and does not affect the completeness and objectivity of the examination of evidence. At the same time, the court shall ensure that the defence lawyer is made familiar with the minutes of the court hearing conducted without his/her participation.

3. In the event of the prosecutor's non-appearance, the court shall postpone the consideration of the case for a reasonable period, but not more than 10 days, and shall notify the Prosecutor General's Office of Georgia and the superior prosecutor thereof, who shall be obliged to ensure the participation of a prosecutor at the next hearing and to notify the court of the reason for the non-appearance.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 30 November 2018 No. 3814 – website, 13.12.2018.

Article 191. Termination of criminal prosecution during substantive examination of a case. Consideration of the issue of insanity🔗

1. When there exists a ground established by this Code, the court examining the case on the merits shall, upon a motion of a party, terminate the criminal prosecution. At the same time, the court shall revoke the applied preventive measure, as well as resolve other issues provided for by this Code.

2. If it is established that the accused was insane at the time of the commission of the crime, the court shall, upon a motion of a party, terminate the criminal prosecution against him. At the same time, the judge examining the case shall, if there exist the grounds provided for by paragraph 1 of Article 221 of the Law of Georgia "On Mental Health", on the basis of the conclusion of a forensic psychiatric examination, by the same ruling decide the issue of subjecting this person to compulsory psychiatric treatment. This ruling may be appealed in the manner established by Article 207 of this Code.

2¹. In the case provided for by paragraph 2 of this Article, the judge shall, by ruling, determine the term of compulsory psychiatric treatment. This term shall not exceed 4 years. When determining the term, the mental health condition of the accused and the degree of risk of behaviour involving harm, threat and/or violence by the accused towards himself and/or another person shall be taken into account, the assessment of which is given in the conclusion of the forensic psychiatric examination regarding the sanity of the accused. At the same time, the ruling shall state that compulsory psychiatric treatment may be terminated earlier than the established term upon elimination of the grounds provided for by paragraph 1 of Article 221 of the Law of Georgia "On Mental Health", if their elimination is confirmed in the manner established by the same law.

3. If it is established that the accused was sane at the time of the commission of the crime, but became insane after its commission, the court shall deliver a guilty verdict, by which it shall determine that the convicted person is to serve the sentence in an appropriate medical (treatment) institution until his recovery, after which the serving of the sentence by the convicted person shall continue under the general procedure.

(Paragraph 3 of Article 191 was declared invalid) - Judgment of the Constitutional Court of Georgia of 12 July 2024 No. 3/4/1543 – website, 16 July 2024.

3¹. If it is established that the accused was sane at the time of the commission of the crime, but after its commission became procedurally incapable due to insanity, the court, in the event of delivering a guilty verdict, shall determine the placement of the convicted person in an appropriate medical (treatment) institution until recovery, after which the serving of the sentence by the convicted person shall continue under the general procedure.

3². If it is established that the accused became mentally ill after the commission of the crime and has thereby become incapable of participating in the proceedings, at the stage of the substantive hearing of the criminal case the judge, on the basis of a motion by a party, shall not commence the substantive hearing of the case, or shall suspend it for 3 months, for the purpose of carrying out the treatment provided for by paragraph 5 of Article 22 of the Law of Georgia on Mental Health.

3³. The judge shall decide the motion provided for by paragraph 3² of this Article on the basis of the relevant expert opinion. In the event of granting or refusing to grant the said motion, the judge shall issue a reasoned ruling. The court shall send this ruling to the parties, as well as to the Special Penitentiary Service, if detention is applied to the accused as a measure of restraint. In the said ruling the judge shall also indicate the first name and surname of the person to be placed in the psychiatric institution, his/her procedural status, as well as the name of the medical institution in which this person is to be placed.

3⁴. A ruling on the granting of a party's motion or on the refusal to grant it may be appealed, once only, within 48 hours of its issuance, to the Investigative Panel of the Court of Appeal. The judge of the Investigative Panel of the Court of Appeal shall consider the appeal no later than 48 hours after its submission, sitting alone, with or without an oral hearing. In the event of granting the appeal, the ruling of the judge of the Investigative Panel of the Court of Appeal shall be sent immediately to the parties and to the judge who issued the appealed ruling.

3⁵. The substantive hearing of the criminal case shall commence/resume if, on the basis of the opinion issued in accordance with paragraph 9 of Article 22 of the Law of Georgia on Mental Health (as a result of the assessment), it is established that the accused has become capable of participating in the proceedings within the time limit indicated in the ruling issued in the case provided for by paragraph 3² of this Article, or the time limit indicated in the ruling provided for by paragraph 3³ of this Article has expired.

4. If it is established that a convicted person placed in a penitentiary institution, against whom the proceedings have been completed, displays signs of mental disorder, the question of providing him/her with psychiatric assistance shall be decided in accordance with the Law of Georgia on Mental Health and the Penitentiary Code. In the event of the recovery of the convicted person, the serving of the sentence by him/her shall continue under the general procedure.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 26 July 2014 No. 2539 – website, 06.08.2014

Law of Georgia of 1 May 2015 No. 3528 – website, 18.05.2015

Law of Georgia of 23 June 2020 No. 6363 – website, 01.07.2020

Law of Georgia of 15 December 2023 No. 3998 – website, 26.12.2023

Decision of the Constitutional Court of Georgia of 12 July 2024 No. 3/4/1543 – website, 16.07.2024

Law of Georgia of 17 December 2025 No. 1339 – website, 23.12.2025

Article 191¹. Authority of a judge in the event of the infliction or possible infliction of torture, degrading and/or inhuman treatment on the accused/convicted person🔗

1. If at any stage of the criminal proceedings a judge has a suspicion that torture, degrading and/or inhuman treatment was inflicted on the accused/convicted person, or if the accused/convicted person himself/herself has stated this to the court, the judge shall apply to the relevant investigative body for a response.

2. If the life or health of an accused/convicted person held in a penitentiary institution is in danger, and/or if a judge has a suspicion that torture, degrading and/or inhuman treatment was inflicted or may be inflicted on the accused/convicted person, the judge shall be entitled, by a ruling, to instruct the General Director of the Special Penitentiary Service, a state sub-agency institution within the system of the Ministry of Justice of Georgia, to take the special measures necessary to ensure the safety of such accused/convicted person.

Law of Georgia of 21 July 2018 No. 3276 – website, 09.08.2018.

Law of Georgia of 8 May 2019 No. 4604 – website, 08.05.2019.

Article 192. Rule for delivering a ruling at a court hearing🔗

1. During the court hearing, the court shall deliver a ruling on all issues to be decided, except for the judgment.

1¹. A ruling of the court may indicate the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols and the precedents of the European Court of Human Rights on a similar legal issue, by which the court was guided.

2. The court shall deliver a ruling without retiring to the deliberation room. The ruling shall be entered in the minutes of the court hearing.

3. The court shall be entitled to deliver a ruling in the deliberation room.

4. A ruling of the court shall be announced publicly.

Law of Georgia of 18 October 2022 No. 1918 – website, 24.10.2022.

Article 193. Court deliberation and voting during collegial examination🔗

1. Court deliberation is secret. In the deliberation room, the use of any technical means of communication is prohibited.

2. The court may decide issues related to the examination of the case by deliberation on the spot.

3. Only the judge examining the case shall participate in the court's deliberation and voting.

4. The chairperson of the session leads the court's deliberation and formulates the issues on which a judgment must be taken.

5. The court takes a judgment by voting, by majority of votes. A judgment on the imposition of life imprisonment as a measure of punishment shall be taken only unanimously.

6. A judge shall not have the right to abstain from participating in voting. The chairperson of the session votes last.

7. If, during the court's deliberation, a dissenting opinion arises on an issue, the position favourable to the accused shall be voted on first.

8. If a judge is in the minority when voting on a legal issue, he/she shall be obliged to formulate a dissenting opinion in writing. The dissenting opinion shall be submitted to the chairperson of the session and attached to the judgment.

Article 194. Publication of the court judgment🔗

1. During the court session, a judgment taken by the court shall be announced orally. The oral judgment shall be recorded in the minutes of the court session, while a written one shall be attached to the minutes, of which a note shall be made in the minutes.

2. A court judgment must be reasoned.

Article 195. Minutes of the court session🔗

1. Minutes shall be drawn up on the court session. They may be drawn up using stenography and other technical means. The course of the court proceedings shall be fully reflected in the minutes.

2. The chairperson of the court session and the secretary must sign the minutes no later than 5 days after the end of the court session or, in the case of postponement of the session, after the postponement of the session, of which the parties must be immediately notified.

3. The chairperson of the session shall be obliged to ensure the possibility for the parties to review the minutes.

4. The parties shall have the right, within 5 days from the receipt of information on the signing of the minutes of the court session, to make comments on the minutes. These comments shall be considered within 5 days, without an oral hearing, by the court examining this case.

5. After consideration of the comments, the court issues a ruling by which it confirms the correctness of the comments or rejects them. The comments on the minutes and the court's ruling shall be attached to the case. The party submitting the comments may appeal the court's ruling together with the verdict.

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013.

Article 196. First appearance of the accused before the court🔗

1. Not later than 48 hours after detention, the prosecutor shall submit to the magistrate judge, according to the place of investigation, a motion on the application of a preventive measure.

2. In a special case, when it is impossible to bring the accused to court from the place of detention due to his illness or a natural disaster or for another objective reason, the judge may hold a court hearing at the place of detention.

3. If the motion provided for by this Article is not submitted to the magistrate judge within 48 hours after detention, the detained person shall be released immediately.

Article 197. Hearing on the first appearance of the accused before the court, explanation of rights🔗

1. Not later than 24 hours after the submission of the motion on the application of a preventive measure, the magistrate judge, at the hearing on the first appearance of the accused before the court, with the participation of the parties:

a) establishes the identity of the accused;

b) establishes whether the accused understands the language of the criminal proceedings;

c) explains to the accused the essence of the charge and his rights, including the right to file a complaint (claim) for torture and inhuman treatment;

d) informs the accused of the type and measure of the punishment provided for by the charge;

d¹) informs the accused about the compulsory treatment of a person suffering from drug addiction;

e) establishes the possibility of concluding a plea agreement and, in the event of the parties' consent, adopts the relevant judgment;

f) considers the motion on the application of a preventive measure;

g) establishes from the accused whether he has any complaint or motion related to the violation of his rights;

h) exercises other powers provided for by this Code.

2. The hearing on the first appearance of the accused before the court proceeds continuously.

Law of Georgia of 16 April 2025 No. 500 – website, 17.04.2025.

Article 198. Purposes and Grounds for the Application of a Measure of Restraint🔗

1. A measure of restraint shall be applied for the purpose that the accused does not evade appearance in court, his further criminal activity is prevented, and the execution of the sentence is ensured. Detention or another measure of restraint may not be imposed on the accused if the achievement of the purposes provided for by this paragraph is possible by applying another, less severe measure of restraint.

2. The ground for the application of a measure of restraint is a reasonable assumption that the accused will hide or fail to appear in court, will destroy information important for the case, or will commit a new crime.

3. When submitting a motion for the application of a measure of restraint, the prosecutor shall be obliged to substantiate the appropriateness of the measure of restraint requested by him and the inappropriateness of applying another, less severe measure of restraint.

4. The court is entitled to impose detention on the accused as a measure of restraint only if the achievement of the purposes provided for by the first paragraph of this article is impossible by applying another, less severe measure of restraint.

5. When deciding the issue of the application of a measure of restraint and its specific type, the court shall take into account the personality of the accused, his activity, age, health, family and property status, compensation of the property damage caused, the fact of violation of any previously imposed measure of restraint, and other circumstances.

6. As a measure of restraint, extradition detention, except for the cases provided for by this article and Article 205 of this Code, shall also be applied for the purpose of enforcement (staging) of the order of the Minister of Justice of Georgia on granting extradition. In this case, the court shall take into account only the circumstances defined by paragraph 11¹ of Article 30 of the Law of Georgia “On International Cooperation in Criminal Matters”.

Law of Georgia of 30 March 2021 No. 430 – website, 13 April 2021.

Article 199. Types of preventive measure🔗

1. The types of preventive measure are: bail, agreement on non-departure and proper conduct, personal surety, command supervision of a military servicemember's conduct, and imprisonment.

2. Along with a preventive measure, the following may also be applied to the accused: the obligation to appear in court at the appointed time or immediately upon summons; prohibition of carrying out a certain activity or profession; the obligation to appear and report in court, in the police or in another state body daily or at another periodicity; supervision by an agency designated by the court; electronic monitoring; the obligation to be at a certain place during certain hours or without such; prohibition of leaving a certain place or entering it; prohibition of meeting certain persons without special permission; the obligation to surrender a passport or another identity document; any other measure determined by the court that is necessary to achieve the purposes of applying the preventive measure.

3. If criminal prosecution has been initiated against a person on a charge of violence against women and/or domestic violence or a family crime, the court, together with the issue of applying a preventive measure, shall consider as a priority the issue of imposing on the accused the obligation to surrender weapons and/or the prohibition of entering a certain place and approaching the victim.

Law of Georgia of 17 October 2014 No. 2706 – website, 31.10.2014.

Law of Georgia of 12 June 2015 No. 3715 – website, 24.06.2015.

Law of Georgia of 4 May 2017 No. 768 – website, 25.05.2017.

Law of Georgia of 30 May 2018 No. 2396 – website, 08.06.2018.

Article 200. Bail🔗

1. Bail is a sum of money or immovable property. The sum of money shall be deposited to the deposit account of the Legal Entity of Public Law within the governance sphere of the Ministry of Justice of Georgia – the National Bureau of Enforcement – by the accused or by another person in his/her name or in his/her favour, under a written obligation given to the court regarding the proper conduct of the accused and ensuring timely appearance before the investigator, the prosecutor, and in court. Immovable property deposited in lieu of a sum of money shall be subject to attachment. A record shall be drawn up on the acceptance of bail, one copy of which shall be handed to the person providing the bail.

2. When submitting a motion to the court on the application of bail as a measure of restraint against the accused, the prosecutor shall indicate the amount of the bail and the time limit for its deposit. After determining the amount of the bail, the accused, or another person in his/her name or in his/her favour, may deposit immovable property equivalent to the sum of money instead of the bail amount. The amount of the bail shall be determined taking into account the gravity of the crime committed and the property capabilities of the accused. The bail amount may not be less than 1,000 GEL.

3. Before the deposit of the bail, the person providing it shall be warned, by a written obligation, about the possible consequences of non-fulfilment of the condition defined therein, as indicated in paragraph 7 of this Article.

4. By a motion on the application of bail as a measure of restraint against the accused, the prosecutor shall apply to the court, in accordance with the procedure established by this Code, at the place of investigation.

5. If the accused has not ensured, within the established time limit, the deposit to the deposit account of the Legal Entity of Public Law within the governance sphere of the Ministry of Justice of Georgia – the National Bureau of Enforcement – of the sum of money imposed by the court as bail, or the deposit of immovable property, the prosecutor shall apply to the court with a motion on the application of a stricter measure of restraint.

6. The court, upon the prosecutor's motion or on its own initiative, shall impose imprisonment on the accused, in respect of whom detention has been applied as a measure of criminal procedural legal coercion, for the purpose of ensuring the application of bail, until the full or partial (but not less than 50%) deposit of the bail to the deposit account of the Legal Entity of Public Law within the governance sphere of the Ministry of Justice of Georgia – the National Bureau of Enforcement. The deposit of the bail shall be confirmed by the court or the prosecutor.

(The normative content of the first sentence of paragraph 6 of Article 200, which excludes release by a judge before the deposit of bail by the accused, was declared invalid) - Decision of the Constitutional Court of Georgia No. 3/5/1341,1660 of 24 June 2022 – website, 28.06.2022.

7. If the accused against whom bail has been selected as a preventive measure has violated the condition of application of this measure or the law, upon the prosecutor's motion, by a court ruling the bail shall be replaced with a stricter preventive measure. By the same ruling, the monetary amount submitted as bail shall be transferred to the state budget, and immovable property, for the purpose of recovery of the monetary amount imposed as bail, shall be converted to enforcement in the manner established by the Law of Georgia "On Enforcement Proceedings".

8. The accused or the person submitting bail in his favour shall, within 1 month from the enforcement of the judgment, be fully returned the monetary amount submitted as bail (taking into account the exchange rate existing at the time of submission of the bail) and the immovable property, if the accused was performing the assumed obligation precisely and in good faith and the preventive measure selected against him was not replaced with a stricter preventive measure.

9. If the person submitting bail in favour of the accused, before the final decision on the case is made, applies in writing to the prosecutor or the court, respectively, that he cannot ensure the proper conduct of the accused and his timely appearance before the investigator, the prosecutor, the court, the person submitting bail shall, within 1 month, be fully returned the monetary amount submitted as bail (taking into account the inflation indicator existing at the time of submission of the bail) and the immovable property, and a stricter preventive measure may be selected against the accused.

10. The bail amount shall be returned to the person submitting bail by way of submission to the Legal Entity of Public Law within the governance sphere of the Ministry of Justice of Georgia – the National Bureau of Enforcement, of the decision of the court hearing the case or of the prosecutor.

11. If the accused performs the assumed obligation in good faith, the prosecutor is entitled to apply to the court with a motion for reduction of the bail amount, according to the place of investigation or jurisdiction. When submitting and considering the said motion, the rules established by this paragraph and by this Code shall apply. At the stage of investigation, the motion shall be considered without an oral hearing, within 24 hours from its submission.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 10 December 2010 No. 3972 - LHG I, No. 72, 22.12.2010, Art. 436

Decision of the Constitutional Court of Georgia of 24 June 2022 No. 3/5/1341,1660 – website, 28.06.2022

Article 201. (removed)🔗

Law of Georgia of 12 June 2015 No. 3715 – website, 24.06.2015

Article 202. Agreement on non-leaving and proper conduct🔗

The agreement on non-leaving and proper conduct may be applied only in a case of a crime which does not provide for imprisonment for a term of more than 1 year as a punishment.

Article 203. Personal Surety🔗

1. In the case of personal surety, trustworthy persons assume a written obligation that they will ensure the proper conduct of the accused and his appearance before the investigator, prosecutor, and court.

2. The number of sureties shall be determined by the court.

3. The selection of personal surety shall be permissible only with the mediation or consent of the surety, as well as with the consent of the accused.

4. The sureties shall be informed of the essence of the charge in connection with which this preventive measure has been selected, of the punishment that may be imposed on the accused, and of the liability that will be imposed on the sureties if the accused commits an act for the prevention of which the surety was applied. In addition, a written undertaking on surety shall be taken from each surety, which shall be attached to the criminal case.

5. A surety may refuse the assumed obligation until the discovery of the ground entailing his liability. In the event of non-fulfillment of the assumed obligation, a surety shall not have the right to justify himself by the fact that he did not have the possibility to control the conduct of the accused, except in the case where he proves the operation of force majeure.

6. If the accused commits an act for the prevention of which the surety was applied, the court may, upon the motion of a party, impose a fine on each surety in accordance with paragraph 8 of Article 91 of this Code.

Article 204. Command's supervision over the conduct of a military servicemember🔗

1. An accused who is a servicemember of the national military service of conscripts, contractual military service or reserve military service may, by a court ruling, be transferred to the supervision of the command of a military unit, military formation or military institution.

2. Command supervision implies the taking of measures provided for by the regulations of the Defence Forces of Georgia in order to ensure the proper conduct of the accused and his appearance before the investigator, the prosecutor and the court.

3. During the period of operation of this preventive measure, the accused shall not be appointed as a guard or to other responsible duty. He shall be deprived of the right to carry arms in peacetime, shall not be sent outside the unit to work alone, shall not be released from the unit and shall be under the supervision of military commanders and superiors.

4. The command of the military unit, formation or military institution shall be explained the essence of the charge in connection with which this preventive measure has been selected.

5. A court ruling on the selection, modification or cancellation of this preventive measure is binding on the command of the military unit, formation or military institution.

6. The command of the military unit, formation or military institution shall notify the prosecutor or the court of the imposition of supervision.

7. A military commander (superior) who supervises the accused is obliged to immediately notify the investigator, the prosecutor or the court of the improper conduct of that accused, to prevent which this preventive measure was selected. In this case, a stricter preventive measure shall be selected upon the prosecutor's motion.

Law of Georgia of 31 October 2018 No. 3610 – website, 21.11.2018.

Law of Georgia of 21 September 2023 No. 3537 – website, 12.10.2023.

Article 205. Detention🔗

1. Detention, as a preventive measure, shall be applied only when it is the only means to prevent:

a) the absconding of the accused and his obstruction of the administration of justice;

b) obstruction by the accused of the obtaining of evidence;

c) the commission of a new crime by the accused.

2. The total term of detention of the accused shall not exceed 9 months. After the expiry of this term, the accused shall be released from detention. The term of detention of the accused shall be counted from the moment of his arrest, and if no arrest took place – from the moment of enforcement of the court ruling on the selection of this preventive measure, until the delivery of the judgment by the court of first instance examining the case on the merits.

(The normative content of paragraph 2 of Article 205, which permits the detention of an accused in a specific criminal case if, after the charge was brought in that case or sufficient grounds for bringing a charge were identified, he has spent a total of 9 months in detention within the framework of any criminal case pending against him, was declared invalid) - judgment of the Constitutional Court of Georgia No. 3/2/646 of 15 September 2015 - website, 29.09.2015.

3. The term of detention of the accused before the pre-trial hearing shall not exceed 60 days from his arrest. After the expiry of this term, the accused shall be released from detention, except in the case provided for by paragraph 3 of Article 208 of this Code.

3¹. The running of the detention term provided for by paragraph 2 of this Article shall not be suspended if the examination of the criminal case on the merits, on the initiative of the prosecution, has not commenced or has been suspended in accordance with the procedure established by paragraph 3² of Article 191 of this Code.

3². The running of the detention term provided for by paragraph 2 of this Article shall be suspended if the examination of the criminal case on the merits, on the initiative of the defence, has not commenced or has been suspended in accordance with the procedure established by paragraph 3² of Article 191 of this Code.

4. Accused persons in one and the same criminal case shall be placed separately. The administration of the investigative isolator shall be obliged to take measures to ensure the inadmissibility of their communication with each other. By decision of the investigator, the prosecutor or the court, this rule may also be extended to other accused persons.

5. A convicted person may be transferred from a penitentiary institution to an investigative isolator or left in an investigative isolator after the judgment enters into legal force, if he is a witness, a victim or an accused in another case.

6. If the court is territorially remote from the penitentiary institution and the escorting/transfer of the accused is complicated, by ruling of the court, during the examination of the case, the accused may be temporarily placed in the nearest penitentiary institution or temporary detention isolator, where he shall be supervised by the Special Penitentiary Service.

Law of Georgia No. 3616 of 24 September 2010 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia No. 560 of 19 April 2013 - website, 10.05.2013

Law of Georgia of 13 December 2013 No. 1797 - website, 28.12.2013.

Law of Georgia of 1 May 2015 No. 3528 - website, 18.05.2015.

Judgment of the Constitutional Court of Georgia of 15 September 2015 No. 3/2/646 - website, 29.09.2015.

Law of Georgia of 5 July 2018 No. 3126 – website, 11.07.2018.

Law of Georgia of 17 December 2025 No. 1339 – website, 23.12.2025.

Article 206. Application, Modification and Revocation of a Measure of Restraint🔗

1. The application, modification and revocation of a measure of restraint shall be carried out in accordance with the jurisdiction provided for by paragraph 2 of Article 20 of this Code. The issue of a measure of restraint may also be considered at a pre-trial hearing and during the trial on the merits, in accordance with the procedure established by this Code.

2. With a motion for the application of a measure of restraint, the prosecutor shall apply to the court no later than 48 hours after detention.

3. The judge shall consider a motion for the application of a measure of restraint no later than 24 hours after its submission. Issues of application, modification and revocation of a measure of restraint shall be considered at an open court hearing, except in cases where there are grounds provided for by this Code for closing the court hearing. The judge shall consider the motion single-handedly, with the participation of the parties. The judge shall open the court hearing and announce which motion is being considered, name the participants in the proceedings and determine whether there are any challenges. The author of the motion shall substantiate it. Then the floor shall be given to the other party, after which the parties shall be entitled to ask each other questions. The non-appearance of the parties shall not cause postponement of the consideration of the motion.

4. A party shall be entitled to submit to the court the documents and information necessary for the examination of the motion.

5. The motion shall reflect the identification data of the accused, the essence of the charge, as well as any information or evidence on which the charge is based, and the requested measure of restraint. After examining the substantiation of the motion and both the formal (procedural) and factual grounds for the application of the measure of restraint, the judge shall issue a reasoned ruling. When considering a motion for the application of a measure of restraint, the judge shall be entitled, by indicating the relevant ground, to reject the measure of restraint specified in the motion and to propose to the accused another, less severe measure of restraint, or not to apply a measure of restraint at all.

6. The ruling on the application, modification or revocation of a measure of restraint shall state: the date and place of drawing up the ruling, the identity of the judge, prosecutor, accused and his/her lawyer, the essence of the charge brought, an indication of the application, modification or refusal of the measure of restraint. At the same time, the ruling shall precisely indicate: what the essence of the ruling is and to whom the ruling applies; the evidence on the basis of which the judge became convinced of the necessity of applying, modifying or revoking the measure of restraint; which official or body is obliged to execute the ruling; the procedure for appealing the ruling; the judge's signature.

7. One copy of the ruling on the application, modification or revocation of a preventive measure shall remain in the court, and one copy each shall be given to the accused or his/her defence lawyer, the investigator, the prosecutor, the institution enforcing the preventive measure, while in the case of a convicted person who has been sentenced to a non-custodial penalty, or a conditionally convicted person, one copy of the ruling on the application, modification or revocation of imprisonment as a preventive measure shall be sent to the relevant territorial body of the 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 National Agency for Crime Prevention, Enforcement of Non-Custodial Sentences and Probation).

8. A party shall be entitled to apply by motion to the magistrate judge at the place of investigation for the modification or revocation of the preventive measure applied against the accused. Within 24 hours of the submission of the motion, the magistrate judge shall, without an oral hearing, decide the question of the admissibility of the motion, namely, shall decide what new issues of substantive significance have been raised and what evidence has been submitted that may indicate the possibility of modifying or revoking the applied preventive measure. The magistrate judge shall issue a ruling on the admissibility of the motion. If the motion is found admissible, the court shall hold an oral hearing within the time limit established by this Code, in accordance with the procedure and standard established by this Article.

9. When considering the question of the application, modification or revocation of a preventive measure, the burden of proof shall in all cases rest with the prosecution.

10. A motion for the selection of detention may be submitted to the court also in the event of the accused's absconding, in accordance with the procedure provided for by this Code. In such a case, after the arrest, the accused shall, not later than 48 hours after being brought to the place of investigation, be presented to the magistrate judge at the place of investigation. This time limit may, in the event of a natural disaster or other force majeure, as well as in the event of a sharp deterioration of the accused's state of health, confirmed by a medical certificate, which makes it impossible to present the accused to the relevant court, be extended by not more than 15 days, while in the event of the arrest abroad of an accused who is wanted, he/she shall be presented to the relevant court not later than 48 hours after being brought to the place of investigation in Georgia. The judge shall hear the explanations of the parties, after which he/she shall take a decision on the revocation, modification or upholding of the preventive measure.

11. The court shall announce the operative part of the ruling issued on the issues provided for by this Article. If imprisonment has been applied against the accused as a preventive measure, the judge shall orally, briefly explain to the parties on the basis of what evidence he/she applied imprisonment as a preventive measure and why he/she considered that the purpose of the preventive measure could not be achieved by a less severe preventive measure.

12. (Deleted – 21 June 2011, No. 4868).

Law of Georgia of 5 May 2011 No. 4631 – website, 19 May 2011.

Law of Georgia of 21 June 2011 No. 4868 – website, 6 July 2011.

Law of Georgia of 4 October 2013 No. 1473 – website, 16 October 2013.

Law of Georgia of 8 July 2015 No. 3976 – website, 20 July 2015.

Law of Georgia of 21 April 2017 No. 665 – website, 10 May 2017.

Law of Georgia of 29 November 2019 No. 5394 – website, 10 December 2019.

Article 207. Procedure for appealing a ruling on the application, modification or revocation of a preventive measure🔗

1. A ruling on the application, modification or revocation of a preventive measure may be appealed once, within 48 hours of its delivery, to the investigative panel of the appellate court by the prosecutor, the accused and/or his/her defence lawyer. The complaint shall be filed with the court that delivered the ruling, which shall immediately send this complaint and the materials to the relevant court according to jurisdiction. An appeal does not suspend the enforcement of the ruling.

2. The complaint shall state what requirements were violated when the appealed judgment was adopted and in what the incorrectness of the provisions of the appealed judgment consisted. In a complaint related to a preventive measure, it may also be indicated what matters of substantive importance and evidence were not examined or assessed by the court of first instance in the manner established by this Code, which could have influenced the lawfulness of the application of the preventive measure to the person.

3. The day and time of the hearing of the complaint shall be notified to the parties within a reasonable time.

4. A judge of the investigative panel of the appellate court shall consider the complaint individually, in the manner established by paragraph 3 of Article 206 of this Code, no later than 72 hours after its filing. The judge shall, without an oral hearing, decide the question of the admissibility of the complaint related to the preventive measure, namely, decide whether the complaint meets the requirements of paragraphs 1 and 2 of this Article, and also whether he/she has examined or assessed, in the manner established by this Code, evidence of substantive importance which could have influenced the lawfulness of the application of the preventive measure to the person. The judge shall issue a reasoned ruling on the admissibility of the complaint.

5. In the case of declaring the complaint admissible, the judge shall hold an oral hearing within the time limit and in the manner established by this Code. The judge is entitled to consider, without an oral hearing, a complaint that does not concern a ruling on a preventive measure.

6. Copies of the ruling issued as a result of the consideration of the complaint shall be handed to the parties, sent to the court that adopted the appealed judgment and to the body enforcing the ruling.

7. A ruling issued in accordance with the procedure established by this Article is final and shall not be appealed.

8. The judge shall announce the operative part of the issued ruling and shall orally, briefly explain to the parties the grounds of the issued ruling.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 28 October 2011 No. 5170 - website, 11.11.2011

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013

Law of Georgia of 8 July 2015 No. 3976 - website, 20.07.2015

Article 208. Decision of the magistrate judge on scheduling the pre-trial hearing🔗

1. If no plea agreement has been concluded between the parties, after hearing the opinions of the parties, the magistrate judge shall determine the date of the pre-trial hearing.

2. When determining the date of the pre-trial hearing, the magistrate judge shall take into account the position of the parties, the complexity and volume of the case. The judge shall give the parties sufficient time and means to prepare the defence and the prosecution.

3. The pre-trial hearing shall be held no later than 60 days from the detention of the person or from his being recognised as an accused (if he has not been detained). A party shall be entitled to apply to the court with a reasoned motion to extend or reduce the said time limit to a reasonable time limit, of which it shall notify the other party. The other party shall be entitled to submit its opinions in writing to the court within 3 days of the submission of the motion. After the expiry of this time limit, the court shall consider the motion without an oral hearing. The decision taken shall not be subject to appeal.

4. If imprisonment is applied to the accused as a measure of restraint, in the case of granting a motion to extend the time limit for holding the pre-trial hearing in accordance with paragraph 3 of this Article, no later than 72 hours after its granting, the court shall summon the parties in order to determine whether it is necessary to keep in force the imprisonment applied as a measure of restraint. When deciding this issue, the court shall be guided by the procedure and standard established by Article 206 of this Code.

Law of Georgia of 7 December 2010 No. 3891 - LHG I, No. 67, 09.12.2010, Art. 418

Law of Georgia of 8 July 2015 No. 3976 - website, 20.07.2015

Article 209. Essence of the plea agreement🔗

1. The basis for the court delivering a verdict without substantive examination of the case is a plea agreement, according to which the accused admits the crime and agrees with the prosecutor on the sentence, on the mitigation of the charge or on its partial removal.

2. When concluding a plea agreement, the accused may, together with the conditions provided for by paragraph 1 of this Article, agree with the prosecutor on cooperation and/or compensation of damage.

3. (Removed - 24.07.2014, No. 2517).

4. (Removed - 24.07.2014, No. 2517).

5. (Removed - 24.07.2014, No. 2517).

6. (Removed - 24.07.2014, No. 2517).

7. (Removed - 24.07.2014, No. 2517).

Law of Georgia of 24 July 2014 No. 2517 - website, 06.08.2014

Article 210. Conclusion of a plea agreement🔗

1. A plea agreement shall be concluded by prior written agreement with a superior prosecutor.

1¹. Both the accused/convicted person and the prosecutor may propose the conclusion of a plea agreement. During the consideration of the case, the court is entitled to ascertain the possibility of concluding a plea agreement between the parties.

1². When concluding a plea agreement, the prosecutor shall warn the accused about the consequences of the plea agreement and explain to him that in the event of concluding a plea agreement the court delivers a guilty judgment without direct and oral examination of evidence, and the conclusion of a plea agreement does not release the accused from civil and other types of liability.

1³. In exceptional circumstances, the Prosecutor General of Georgia or his deputy has the right to apply to the court with a motion for the full or partial release of the accused from civil liability. In this case, civil liability shall be borne by the State.

2. On the basis of a plea agreement, the prosecutor has the right to request a reduction of the sentence for the accused or, in the case of a combination of crimes, to take a decision on mitigating or partially dropping the charge against him.

3. When requesting a reduction of the sentence for the accused or taking a decision on mitigating or partially dropping the charge, the prosecutor shall take into account the public interest, which he determines on the basis of an assessment of the State's legal priorities, the gravity of the crime committed and of the expected sentence, the nature of the crime, the degree of guilt, the public danger posed by the accused, personal characteristics, criminal record, cooperation with the investigation, and the accused's conduct aimed at compensating the damage caused by the crime.

4. It is inadmissible to conclude a plea agreement without the direct participation of a lawyer and the prior consent of the accused to its conclusion.

5. It is inadmissible to conclude a plea agreement that restricts the accused's right, in the case of torture, inhuman or degrading treatment, to request the institution of criminal prosecution against the relevant persons.

6. A record shall be drawn up on the plea agreement, reflecting the negotiation process between the accused and the prosecutor (record of the plea agreement). A copy of the record of the plea agreement shall be given to the accused and his lawyer. The accused and his lawyer have the right to express comments on the record of the plea agreement. They shall be attached to this record. The record of the plea agreement shall be signed by the prosecutor, the accused and his lawyer, as well as the legal representative of the accused, if any.

Law of Georgia of 24 July 2014 No. 2517 – website, 06.08.2014.

Law of Georgia of 30 November 2018 No. 3814 – website, 13.12.2018.

Article 211. Form of motion for the court to deliver a judgment without hearing the case on the merits🔗

1. If the prosecutor, the accused and his/her defence counsel agree to conclude a plea agreement, the prosecutor shall draw up a motion in writing, which shall state:

a) the name and surname of the accused, the day, month and year of birth;

b) the formulation of the charge – a description of the incriminated act, indicating the place, time, manner, means and instrument of its commission, as well as the consequence caused by that act;

c) evidence sufficient for delivering a judgment without hearing the case on the merits, as provided for by paragraph 11¹ of Article 3 of this Code;

d) in the case of the accused's cooperation with the investigation – the form and content of the cooperation;

e) the article, paragraph and subparagraph of the Criminal Code of Georgia by which the relevant crime is provided for;

f) the type and measure of the punishment sought by the prosecution;

f¹) the compulsory treatment of a person suffering from drug addiction, sought by the prosecution;

g) a reference to the warning provided for by paragraph 1² of Article 210 of this Code or to the reasoned decision of the Prosecutor General of Georgia or his/her deputy provided for by paragraph 1³ of the same Article.

2. The prosecutor's motion for the court to deliver a judgment without hearing the case on the merits shall be accompanied by a written statement of the accused, signed by the accused and his/her defence counsel. The statement of the accused shall confirm that the accused gave consent to the delivery of a judgment by the court without hearing the case on the merits voluntarily, after receiving legal assistance from defence counsel. At the same time, the accused must fully comprehend the content of the plea agreement and the legal consequences of the expected judgment, which shall be noted in the statement of the accused.

3. The prosecutor's motion for the court to deliver a judgment without hearing the case on the merits shall be signed by the prosecutor, the accused and his/her defence counsel, as well as the legal representative of the accused, if any.

4. (Removed – 24.07.2014, No. 2517).

5. (Removed – 11.03.2011, No. 4430).

6. The prosecutor's motion for the court to deliver a judgment without hearing the case on the merits and the record of the plea agreement shall be public, except for the part indicating the information provided by the accused to the investigation. Only the persons who signed it and the court, as well as the accused (his/her defence counsel) in respect of whom another accused, on the basis of a plea agreement, provides incriminating information to the investigation, shall have the right to review the information provided by the accused to the investigation. The content of the said plea agreement shall be fully accessible to such accused (his/her defence counsel).

7. The prosecutor's motion for the court to deliver a judgment without hearing the case on the merits shall be accompanied by the record of the plea agreement.

Law of Georgia of 11 March 2011 No. 4430 – website, 22.03.2011.

Law of Georgia of 24 July 2014 No. 2517 – website, 6 August 2014.

Law of Georgia of 30 November 2018 No. 3814 – website, 13 December 2018.

Law of Georgia of 16 April 2025 No. 500 – website, 17 April 2025.

Article 212. Consideration of the prosecutor's motion to deliver a judgment by the court without hearing the case on the merits🔗

1. A plea agreement shall be concluded in writing and approved by the court. The plea agreement shall be reflected in the judgment delivered by the court.

2. Before approving the plea agreement, the court shall satisfy itself that:

a) the plea agreement has been concluded without torture, inhuman or degrading treatment or other violence, intimidation, deception or any unlawful promise;

b) the plea agreement has been concluded voluntarily and the accused voluntarily admits guilt;

c) the accused is fully aware of the legal consequences of the plea agreement, including a criminal record;

d) the accused had the opportunity to receive qualified legal assistance;

e) the accused is fully aware of the nature of the crime of which he/she is accused;

f) the accused is fully aware of the punishment provided for the crime which he/she admits to having committed;

g) the accused is aware of all the requirements provided for by law in relation to the plea agreement concerning the admission of guilt;

h) the accused is aware that, if the court does not approve the plea agreement, any information that he/she provides to the court during the consideration of the plea agreement may not be used against him/her in the future;

i) the accused is aware that he/she has the following rights:

i.a) the right to defence;

i.b) the right to refuse the plea agreement;

i.c) the right to have his/her case heard on the merits by the court;

j) the accused agrees with the factual basis of the plea agreement on the admission of guilt;

k) all the terms of the agreement reached between the accused and the prosecutor are reflected in the plea agreement;

l) the accused and his/her defence counsel are fully familiar with the case materials.

3. The judge shall explain to the accused that the filing of a complaint regarding torture, inhuman or degrading treatment on his/her part will not prevent the approval of a plea agreement concluded in compliance with the law.

4. (Deleted – 24.07.2014, No. 2517).

5. The judge takes a decision on the plea agreement on the basis of law and is not obliged to approve the agreement reached between the accused and the prosecutor.

Law of Georgia of 24 July 2014 No. 2517 – website, 6 August 2014.

Article 213. Court judgment on delivering a verdict by the court without substantive examination of the case🔗

1. The court is entitled, as a result of considering a motion on delivering a verdict by the court without substantive examination of the case, to adopt a judgment on delivering a verdict by the court without substantive examination of the case, on returning the case to the prosecutor, or on substantive examination of the case in accordance with the procedure established by law.

2. The issue of delivering a verdict by the court without substantive examination of the case shall be considered by the respective court according to the jurisdiction over the criminal case.

3. The court, on the basis of the case materials and the accused's admission of guilt, shall verify whether the charge is substantiated, whether the circumstances provided for by this Code exist, and whether the punishment indicated in the prosecutor's motion on delivering a verdict by the court without substantive examination of the case is lawful and fair.

3¹. The court shall not approve a plea agreement if it considers that it has been unable to obtain convincing answers to the circumstances provided for by paragraph 2 of Article 212 of this Code.

4. If the court considers that sufficient evidence provided for by paragraph 11¹ of Article 3 of this Code has been submitted for delivering a verdict without substantive examination of the case, that it has obtained convincing answers to the circumstances provided for by paragraph 2 of Article 212 of this Code, and that the requested punishment is lawful and fair, it shall deliver a judgment on delivering a verdict by the court without substantive examination of the case. The said verdict shall be delivered within 15 days from the submission of the respective motion by the prosecutor.

5. If, before the holding of the pre-trial hearing, the prosecutor's motion on delivering a verdict by the court without substantive examination of the case is considered and the court considers that the plea agreement has been concluded as a result of torture, inhuman or degrading treatment or other violence, intimidation, deception or any unlawful promise, it shall transfer the case to a superior prosecutor. The superior prosecutor shall assign the obligation to carry out prosecutorial activity to another prosecutor.

6. The court is entitled to make amendments to the plea agreement only with the consent of the parties.

6¹. If the court considers that there is no sufficient evidence provided for by paragraph 11¹ of Article 3 of this Code for delivering a verdict without substantive examination of the case, or establishes that the prosecutor's motion on delivering a verdict by the court without substantive examination of the case has been submitted in violation of other requirements of this Chapter, it shall return the case to the prosecutor. Before returning the case to the prosecutor, the court shall propose to the parties that, during the consideration of the motion at the court hearing, they amend the terms of the plea agreement, which must be agreed with the superior prosecutor. If the amended terms of the plea agreement also do not satisfy the court, it shall return the case to the prosecutor.

7. The accused shall have the right, at any time before the court renders a judgment without examination of the case on the merits, to waive the plea agreement. A declaration of waiver does not require the consent of a defence lawyer. After the judgment is rendered, waiver of the plea agreement shall be inadmissible.

8. The parties shall have the right, before the court renders a judgment without examination of the case on the merits, to change the terms of the plea agreement.

Law of Georgia of 7 December 2010 No. 3891 – LHG I, No. 67, 09.12.2010, Art. 418

Law of Georgia of 5 May 2011 No. 4631 – website, 19.05.2011

Law of Georgia of 28 October 2011 No. 5170 – website, 11.11.2011

Law of Georgia of 24 July 2014 No. 2517 – website, 06.08.2014

Article 214. Admissibility of evidence obtained as a result of a plea agreement in the event of annulment of a court judgment approving the plea agreement🔗

If the court annuls the court judgment approving the plea agreement or the accused himself waives the plea agreement, the use of testimony given by the accused against him shall be inadmissible.

Article 215. Entry into legal force and appeal of a court judgment approving a plea agreement🔗

1. In the cases provided for by this Chapter, a court judgment shall enter into legal force upon its announcement and shall be appealed in the cases provided for by this Article and in accordance with the established procedure.

2. A party shall have the right to appeal the court's refusal to approve the plea agreement to a higher court instance within 15 days.

3. The convicted person shall have the right, within 15 days from the rendering of the judgment provided for by this Chapter, to file an appeal with a higher court instance for the annulment of the court judgment approving the plea agreement, if:

a) the plea agreement was concluded by coercion, threat, violence, intimidation or deception;

b) the accused's right to defence was restricted;

c) the plea agreement was concluded in such a way that there was insufficient evidence to render a judgment without examination of the case on the merits as provided for by paragraph 11¹ of Article 3 of this Code;

d) the court hearing the case disregarded the substantive requirements provided for by the Criminal Code of Georgia and this Chapter.

4. If the convicted person has violated a term of the plea agreement, the prosecutor shall be entitled, within 1 month from the discovery of the violation, to file an appeal with a higher court instance for the annulment of the court judgment approving the plea agreement.

5. In the cases provided for by paragraphs 3 and 4 of this Article, when annulling the court judgment approving the plea agreement, the court shall return the case to the prosecutor.

Law of Georgia of 24 July 2014 No. 2517 – website, 06.08.2014

Article 216. Transfer of copies of the judgment🔗

1. Within 3 days from the delivery of the judgment, copies of the judgment shall be transferred to the convicted person, his/her lawyer and the prosecutor.

2. Within the time limit determined by paragraph 1 of this Article, a copy of the judgment shall also be transferred to the Ministry of Internal Affairs of Georgia for the purpose of entering information about the criminal record of the convicted person into the database of the Ministry of Internal Affairs of Georgia.

Law of Georgia of 5 May 2011 No. 4631 – website, 19.05.2011.

Law of Georgia of 4 March 2025 No. 344 – website, 06.03.2025.

Article 217. Rights of the victim upon conclusion of a plea agreement🔗

1. The prosecutor shall be obliged, before concluding a plea agreement, to consult with the victim and to notify him/her of the conclusion of the plea agreement, of which the prosecutor shall draw up a record.

1¹. When the plea agreement is approved by the court, the victim has the right to provide the court in writing or orally to the judge at the court hearing with information about the damage caused to him/her as a result of the crime.

2. The victim shall not have the right to appeal the plea agreement.

3. A plea agreement does not deprive the victim of the right to file a civil claim.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 24 July 2014 No. 2517 - website, 06.08.2014.

Article 218. Complete release of the accused from liability or from punishment and review of the sentence of a person convicted with imprisonment🔗

1. In a special case, when as a result of the cooperation of the accused/convicted person with the investigative bodies the identity of an official who committed a crime and/or of a person who committed a grave or especially grave crime is established, and through his direct assistance essential conditions are created for the detection of this crime, the Prosecutor General of Georgia has the right to apply to the court with a motion for the complete release of the accused from liability or from punishment, or for the review of the sentence of the convicted person.

2. The basis of the motion referred to in the first paragraph of this Article is a procedural agreement on special cooperation concluded between the accused/convicted person and the Prosecutor General of Georgia.

3. When concluding an agreement on special cooperation, the Prosecutor General of Georgia shall take into account the public interest, which he determines on the basis of the assessment of the circumstances provided for by paragraph 3 of Article 210 of this Code. In the case of a convicted person, when determining the public interest, the unserved term of the sentence shall also be taken into account. An agreement on special cooperation is concluded only when the detection of the crime is unambiguously conditioned by the said cooperation and the public interest in the detection of this crime exceeds the interest in holding the person criminally liable, imposing a sentence on him or his serving of the sentence.

4. The agreement on special cooperation shall state that if the accused/convicted person does not cooperate with the investigative bodies, the agreement, in accordance with its terms, shall be considered void.

5. The agreement on special cooperation shall be signed by the accused/convicted person, his defence lawyer and the Prosecutor General of Georgia.

6. If the motion for the complete release of the accused from punishment is granted, the accused shall be considered as having a criminal record.

7. If the motion for the review of the sentence of the convicted person is granted, the court shall adopt a corresponding judgment – on the reduction of the term of the sentence of the convicted person, on the change of the type of sentence, or on the complete release of the convicted person from punishment.

8. Complete release of the accused/convicted person from punishment shall be inadmissible in cases of crimes provided for by Articles 1441–144³ of the Criminal Code of Georgia, as well as in the case of the commission of a crime provided for by Articles 137, 138, 139, 141, 253–255, 255¹ and 255² of the Criminal Code of Georgia against a minor.

9. The motion for the review of the sentence of the convicted person shall be considered by the court of first instance that delivered the judgment. The court is entitled to consider this motion without an oral hearing.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 17 June 2011 No. 4789 - website, 28.06.2011

Law of Georgia of 24 July 2014 No. 2517 – website, 06.08.2014.

Law of Georgia of 30 November 2018 No. 3814 – website, 13.12.2018.

Law of Georgia of 13 July 2020 No. 6755 – website, 20.07.2020.

Article 219. Pre-trial hearing🔗

1. If, after the initial appearance of the accused before a magistrate judge, the charge was changed, at the pre-trial hearing the judge shall explain to the accused the essence of the charge, the measure of punishment prescribed for this charge, and the essence of compulsory treatment of a person suffering from drug addiction (if such treatment exists).

2. At the pre-trial hearing, the judge shall determine whether the accused pleads guilty to the charge brought and to what extent, and the possibility of concluding a plea agreement. In this case, the provisions of this Code on plea agreement shall apply.

3. If the accused is charged with a crime triable by a jury court, the judge shall explain to the accused the provisions of the jury court and the accused's rights related thereto. After that, the judge shall determine whether the accused agrees that his case be considered by the jury court. If the accused does not refuse the jury court, the judge shall set the date of the jury selection hearing.

4. The pre-trial hearing judge:

a) considers motions of the parties on the admissibility of evidence;

b) considers, in accordance with the procedure and standard established by Article 206 of this Code, a motion on the application, modification or revocation of a preventive measure. If the accused has been subjected to detention, the judge shall, at the very first pre-trial hearing, on his own initiative consider the issue of the necessity of keeping the detention in force, regardless of whether a party has filed a motion to modify or revoke the detention. After that, the court shall, on its own initiative, consider the issue of the necessity of keeping the detention in force at least once every two months;

c) considers a motion for the purpose of securing procedural confiscation;

d) considers other motions of the parties;

e) decides the issue of referring the case for trial on the merits.

5. Referral of the case for trial on the merits shall be permissible if the court is satisfied that the evidence presented by the prosecution, with a high degree of probability, provides grounds for presuming that the crime was committed by this person.

6. If the evidence presented by the prosecution does not, with a high degree of probability, provide grounds for presuming that the crime was committed by this person, the pre-trial hearing judge shall terminate criminal prosecution by ruling. The ruling may be appealed once, within 5 days from its issuance, to the Investigative Panel of the Court of Appeal. The judge shall consider the appeal with or without an oral hearing. If the ruling of the pre-trial hearing judge is revoked, the Investigative Panel of the Court of Appeal returns the case to the chairperson of the district (city) court that made the appealed decision, who, within 5 days from receipt of the case, shall ensure the holding of a pre-trial hearing to decide the issues provided for by Article 220 of this Code.

7. A decision of the judge of the pre-trial hearing on declaring evidence inadmissible shall be appealed once, within 5 days, through the court that issued the decision, which shall immediately send the appeal, the case materials and the record of the pre-trial hearing to the appellate court. A judge of the investigative panel of the appellate court shall consider the appeal, with or without an oral hearing, within 5 days of its receipt.

Law of Georgia of 19 February 2015 No. 3090 – website, 6 March 2015.

Law of Georgia of 8 July 2015 No. 3976 – website, 20 July 2015.

Law of Georgia of 16 April 2025 No. 500 – website, 17 April 2025.

Article 220. Preparation for the substantive examination of the case🔗

The judge of the pre-trial hearing, with the participation of the parties, in order to prepare for the substantive examination of the case:

a) determines the date of commencement of the hearing for the substantive examination of the case;

b) sends court notices to the persons to be summoned to the hearing for the substantive examination of the case;

c) approves the list of evidence to be submitted by the parties, as well as the list of evidence received from them that the parties do not dispute;

d) explains in writing to the accused who is not in custody the consequences of non-appearance at the hearing for the substantive examination of the case;

e) takes other measures to prepare for the substantive examination of the case at the hearing.

Article 221. Drawing up of the list of candidates for jury service🔗

1. Before the sitting for the selection of jurors, the judge, from the unified list of citizens who have reached the age of 18, after hearing the opinions of the parties, shall draw up, on the principle of random selection, a list of candidates for jury service consisting of not more than 300 persons. Each candidate for jury service shall be assigned a serial number on the principle of random selection. Not less than 15 days before the sitting for the selection of jurors, the candidates for jury service shall be sent, to the address of their place of residence, a questionnaire approved by the judge on the basis of consultation with the parties. A candidate for jury service shall be obliged to answer the questions and, within 5 days, return the completed questionnaire to the judge. The judge shall be obliged to transmit the completed questionnaires to the parties within 5 days of receipt. Before the sitting for the selection of jurors, the candidates for jury service shall be sent, together with the questionnaire, a notice indicating the time of commencement of the sitting, the place of the sitting and the mandatory nature of appearance at the sitting.

2. The State Services Development Agency shall send the unified list of citizens who have reached the age of 18 to the relevant court annually, not later than 1 July.

3. The court shall be obliged to notify the parties of the place and time of the selection of jurors. The parties shall have the right to attend the juror selection procedure. A party shall have the right, once, within 24 hours, to appeal against an unlawful decision or action of the chairperson of the sitting for the selection of jurors. The complaint shall be filed with the chairperson of the court hearing the case, who shall decide it by ruling, without an oral hearing, within 24 hours of its filing.

4. In the list of candidates for jury service selected in accordance with the procedure provided for by paragraph 1 of this Article, the person's surname and name shall be indicated. The list shall be signed by the chairperson of the sitting. Copies of the list of candidates for jury service shall be given to the parties.

5. (Removed – 28 June 2021, No. 707).

5¹. For the purpose of delivering the questionnaire and notice to a candidate for jury service and ensuring effective communication with him/her, an authorised person of the relevant district (city) court shall have the right to:

a) from a legal entity of public law – the Service Agency of the Ministry of Internal Affairs of Georgia, with the help of the personal number of the candidate for jury service, through an electronic service, request the mobile telephone number recorded in respect of the natural person who owns the vehicle registered in the vehicle registration data and/or the natural person who owns the driving licence registered in the driving licence issuance register;

b) from the electronic databases belonging to a legal entity of public law – the State Services Development Agency, request in writing the mobile telephone numbers of the candidates for jury service indicated in paragraph 1 of this Article;

c) if, after the procedures provided for by subparagraph „b“ of this paragraph have been exhausted, all jurors still cannot be selected, to request in writing from the electronic databases owned by the Legal Entity of Public Law − the Public Service Development Agency the mobile telephone numbers of not more than 300 juror candidates indicated in paragraph 9 of Article 223 of this Code.

5². In the case provided for by subparagraph „b“ or „c“ of paragraph 5¹ of this Article, the Legal Entity of Public Law − the Public Service Development Agency shall provide the relevant district (city) court with information on the mobile telephone number of the juror candidate to the extent possible.

6. A juror candidate shall, in the event of the existence of a ground for challenge defined by Article 30 of this Code, notify the court thereof within 2 days of receipt of the notice.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 25 May 2012 No. 6317 - website, 19.06.2012

Law of Georgia of 24 June 2016 No. 5591 - website, 13.07.2016

Law of Georgia of 2 July 2020 No. 6735 – website, 07.07.2020

Law of Georgia of 28 June 2021 No. 707 – website, 29.06.2021

Article 222. Jury selection hearing🔗

1. The jury selection hearing shall be open. In the case provided for by Article 182 of this Code, the chairperson of the hearing may decide to close the hearing. The chairperson of the hearing opens the court hearing, after which the secretary of the hearing announces the identities of the juror candidates.

2. Even if fewer than 50 jury candidates appear before the court, the judge shall be entitled to commence the hearing and the jury selection procedure.

3. The chairperson of the hearing:

a) introduces himself/herself and the secretary of the hearing;

b) addresses the jury candidates and explains to them the purpose of their summoning;

c) announces which case is being considered and acquaints the jury candidates with the content of the charge brought;

d) explains to the jury candidates the law that will be applied in the consideration of the case;

e) announces the parties participating in the consideration of the case;

f) determines the duration of the hearing and other procedural matters.

4. The court shall provide the jury candidates with the explanations prepared with the participation of the parties concerning the law to be applied.

Law of Georgia of 24 June 2016 No. 5591 - website, 13.07.2016

Article 223. Selection, Challenge and Self-Challenge of Jurors🔗

1. A party is entitled to file a motion for challenge of a candidate for jury service, which may be substantiated or unsubstantiated. A party has the right to file motions for an unlimited number of substantiated challenges and a limited number of unsubstantiated challenges. The parties first file motions for substantiated challenge, and then – motions for unsubstantiated challenge. The parties exercise the right to each type of challenge individually and in turn: first – the prosecution, and then – the defence.

2. The judge verifies all circumstances that may become grounds for challenge (self-challenge) of a candidate for jury service, and allows the parties to ask questions to candidates for jury service and to present additional materials on the challenge.

3. The judge is entitled to require the parties to submit to him in advance the questions that they intend to ask the candidates for jury service; this does not restrict the parties from asking clarifying questions. For asking a question and answering a question asked, the presiding judge shall set a reasonable time limit for the parties and the candidate for jury service.

4. A candidate for jury service is obliged to give correct and exhaustive answers to the questions asked to him, to present other necessary information about his identity and his relationship with the participants in the case under consideration, as well as about all circumstances that may prevent him from objectively and impartially considering the case.

5. Questions asked to a candidate for jury service shall not infringe upon his personal data, professional and/or commercial secret, except when this is necessary for the interests of justice. The said information may be requested from a candidate for jury service only when there is a substantiated request by a party. If disclosure of this information may cause irreparable damage to the interests of the candidate for jury service, he shall provide the information only directly to the presiding judge and the parties.

6. (Deleted – 24 June 2016, No. 5591).

7. A candidate for jury service may file a motion for self-challenge before the judge and indicate the circumstance that will prevent him from exercising the powers of a juror. Self-challenge must be substantiated. The parties have the right to express their position on the self-challenge of the candidate for jury service.

8. As a result of consideration of a motion for self-challenge filed by a candidate for jury service, the judge issues a reasoned ruling. The judge considers a motion for challenge separately, with only the prosecutor and defence counsel participating, without the persons present at the hearing leaving the courtroom. The challenged candidate for jury service must leave the courtroom.

9. If at the first session of jury selection all jurors are not selected, the judge shall postpone the session by not more than 10 days and, in accordance with the procedure established by this Chapter, shall summon not more than 300 additional jury candidates in order to fill up the jury court to the number established by this Code.

10. If the charge brought provides for life imprisonment as a punishment, a party has the right to 10 peremptory challenges. In other cases, a party is entitled to make 6 peremptory challenges.

11. (Removed – 28.06.2021, No. 707).

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 25 May 2012 No. 6328 – website, 12.06.2012

Law of Georgia of 10 July 2015 No. 3990 – website, 17.07.2015

Law of Georgia of 24 June 2016 No. 5591 – website, 13.07.2016

Law of Georgia of 28 June 2021 No. 707 – website, 29.06.2021

Article 224. Appointment of a candidate as a juror🔗

1. From the jury candidates remaining after the challenge, the chairperson of the session shall appoint twelve as jurors, and two shall participate in the consideration of the case as alternate jurors. Depending on the complexity of the case, the judge is entitled to decide on the approval of more alternate jurors. This decision shall be entered in the minutes of the court session.

2. An alternate juror attends the court session, but has no right to express his/her own opinion, influence the jurors or attend the court deliberation. An alternate juror shall participate in the court deliberation and voting only if he/she has replaced a juror in the case provided for by paragraph 1 of Article 232 of this Code and in accordance with the established procedure. In such a case, the court deliberation shall begin anew.

3. After the completion of the jury selection procedure, the chairperson of the session shall appoint the day of consideration of the case, which shall be not later than the third day after the completion of the selection procedure.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 24 June 2016 No. 5591 – website, 13.07.2016

Article 225. Time of commencement of substantive consideration of a case at a court session🔗

The substantive consideration of a case at a court session (except where the case is considered with the participation of jurors) shall commence not later than 14 days after the completion of the preliminary hearing, unless, on the basis of a party's motion, the court determines another time limit.

Law of Georgia of 24 June 2016 No. 5591 – website, 13.07.2016

Article 226. Jury Court🔗

1. The Jury Court shall hear a case if a charge is brought under Articles 108 (completed) and 109 (completed), paragraphs 2, 4, 6 and 8 of Article 117, paragraph 2 of Article 126, Article 135¹, paragraphs 2–4 of Article 143, Articles 144–144², paragraph 2 of Article 144³, paragraph 2 of Article 146, Articles 147 and 149, paragraph 4 of Article 197, paragraph 3 of Article 198, and Article 229 of the Criminal Code of Georgia.

2. The accused shall have the right to request that the case be heard without the participation of jurors. In this case, the case shall be heard by a judge of the district (city) court.

3. The composition of the Jury Court shall ensure its independence and impartiality.

4. If it is impossible to ensure a fair and objective hearing of the case, taking into account its intensive coverage by the media or the attitude of the population of a specific territory towards it, the court hearing the case shall be entitled, on the basis of a motion of a party, with the consent of the Chairperson of the Supreme Court of Georgia, to order the transfer of the Jury Court to any other court provided for by Article 211 of this Code.

Law of Georgia of 28 October 2011 No. 5170 - website, 11 November 2011.

Law of Georgia of 24 June 2016 No. 5591 - website, 13 July 2016.

Law of Georgia of 17 May 2018 No. 2355 – website, 29 May 2018.

Article 227. Chairperson of the hearing🔗

The hearing on the merits of the case shall be conducted by the chairperson of the hearing.

Article 228. Appearance of a party and a witness🔗

1. The parties shall ensure the appearance of their witnesses in court.

2. If a party does not intend to examine any person as a witness in court, the summoning and examination of this person by the court on its own initiative shall be inadmissible.

3. The secretary of the court hearing shall report to the court the fact of the appearance of the parties and witnesses and the reasons for non-appearance.

4. The chairperson of the hearing shall warn the participants in the proceedings and the persons present at the hearing, for the purpose of maintaining order, about the binding nature of the court’s instructions and the possible measures to be taken against a person who violates order at the court hearing.

5. After checking the appearance, the persons to be examined as witnesses, except the accused, shall leave the courtroom. The chairperson of the hearing shall be entitled to issue an order for the removal of the said persons to the room designated for them and shall take measures to ensure that they have no contact with each other before examination.

Article 229. Announcement of the composition of the court. Resolution of the issue of exclusion and recusal of participants in the proceedings from participation in the case🔗

1. The presiding judge announces the composition of the court, as well as announces who supports the prosecution and who conducts the defence, and asks the parties whether they have grounds for recusal of a judge, prosecutor, lawyer, secretary of the session, interpreter or other participant in the proceedings.

2. The presiding judge explains to the parties that they have the right to recuse both individual judges and the entire composition of the court.

3. The presiding judge explains to the participants in the proceedings their rights and obligations.

Article 230. Establishment of the identity of the accused by the presiding judge and explanation of rights🔗

1. The presiding judge establishes the identity of the accused (name, surname, year, month, day and place of birth) and explains to him his rights, the essence of the charge, the qualification of the incriminated act, the minimum and maximum of the punishment provided for by the Criminal Code of Georgia, taking into account mitigating and aggravating circumstances, as well as the essence of compulsory treatment of a person suffering from drug addiction. The presiding judge also explains to the accused that it is his will to testify as a witness in connection with the charge. If there are several accused in the case, such explanation is given to each of them.

2. The presiding judge ascertains whether the accused pleads guilty and, if he does, to what. The accused must be explained that he is not bound by his admission or denial of the charge during the investigation, that he is not obliged to answer the question posed, and that the enjoyment of the right to silence may not be used against him.

3. The presiding judge ascertains the possibility of concluding a plea agreement. In this case, the provisions provided for by this Code on plea agreement shall apply.

Law of Georgia of 16 April 2025 No. 500 – website, 17.04.2025.

Article 230¹. Resolution of the issue of detention applied as a measure of restraint during the substantive hearing of the case🔗

1. If detention is applied to the accused as a measure of restraint, the presiding judge of the court session, before delivering the judgment, on his own initiative, periodically, at least once every two months, considers the issue of the necessity of keeping in force the detention applied as a measure of restraint. This two-month period shall be counted from the day of the adoption of the decision by the judge of the preliminary hearing on keeping in force the detention applied as a measure of restraint. When resolving the issue provided for by this paragraph, the court shall be guided by the procedure and standard established by Article 206 of this Code.

2. The procedure established by paragraph 1 of this Article shall also apply if the time limit for the commencement of the substantive hearing of the case determined by the court under Article 225 of this Code and on the basis of a motion of a party exceeds 2 months.

Law of Georgia of 8 July 2015 No. 3976 – website, 20.07.2015.

Article 231. Instructions of the Presiding Judge to the Jury Court🔗

1. At the opening of the hearing and before the jury retires to the deliberation room, the presiding judge gives instructions to the jury court on the applicable law. The instructions of the presiding judge cannot contradict the Constitution of Georgia, this Code and other normative acts of Georgia. These instructions shall also be provided to the jurors in writing.

2. The said instructions in written form must be provided to the parties a reasonable time in advance. They are entitled to apply to the presiding judge with a motion to make amendments and additions thereto. If the parties do not exercise this right before the jury retires to the deliberation room, the fairness and lawfulness of the presiding judge's instructions cannot become a ground for a cassation appeal.

3. The presiding judge is entitled, before the jury retires to the deliberation room, briefly to explain to the jurors the rule for evaluating all evidence examined at the hearing. He gives the said instructions in accordance with the procedure provided for by paragraph 2 of this Article. When instructing, the presiding judge is prohibited from expressing in any form his personal opinion on the issues whose resolution falls within the competence of the jury.

4. The presiding judge shall explain to the jurors:

a) the content of the charge and its legal basis;

a¹) the necessity of confirming that the accused committed the act imputed to him as a charge, including proof of the existence of each element of the objective composition of this act; the essence and significance of intent and negligence; circumstances excluding unlawfulness and guilt;

b) the basic rule for the evaluation of evidence;

c) the concept of the presumption of innocence, the circumstance that any reasonable doubt is resolved in favour of the accused, as well as the content of the standard beyond reasonable doubt;

d) that a guilty verdict must be based on the law as explained by the presiding judge and on the totality of evidence examined during the court hearing that excludes reasonable doubt;

e) that during the hearing they have the right to keep and use notes;

f) that the verdict must be based only on evidence examined during the court proceedings, that no evidence shall be taken into account on someone else's instruction, that the verdict shall not be rendered on the basis of assumption or by use of inadmissible evidence;

g) the procedure for rendering a verdict on each charge brought;

h) that they must first vote on an acquittal verdict on all charges brought. If a verdict cannot be reached, a vote shall be taken on a guilty verdict in increasing order of gravity of the charge;

i) that they must sign only one of the verdict forms submitted for each charge – the acquittal or guilty verdict form.

5. The presiding judge concludes the instructions by reminding the jurors that they have taken an oath.

6. After hearing the explanations of the presiding judge, the jurors have the right to put additional questions to the presiding judge in writing. Additional explanations shall be given in accordance with the procedure provided for by paragraph 1 of this Article.

7. The presiding judge shall, on the basis of a motion of a party, explain to the jurors that the accused may have committed a relatively less serious crime, certain elements of the composition of which are also contained in the crime provided for by the charge brought. In this case, the jurors shall additionally be presented with the form of a guilty verdict in accordance with subparagraph „i“ of paragraph 4 of this Article, and the judge shall explain to them what is common and what is distinctive between the crime provided for by the charge and the second − relatively less serious crime.

Law of Georgia of 24 June 2016 No. 5591 – website, 13.07.2016.

Article 232. Replacement of a juror with an alternate juror🔗

1. If in the course of the court hearing it turns out that a juror is unable to perform his/her duty, a ground for his/her challenge has been revealed, or the juror has violated the requirements of this Code, the presiding judge shall release the juror from the performance of his/her duty and shall appoint in his/her place as a juror the next alternate juror in the list of jurors.

2. If the number of jurors turns out to be less than the number of jurors determined by this Code, the presiding judge shall begin a new selection of jurors and the hearing of the case shall begin anew in accordance with the procedure established by this Code.

Article 233. Senior juror🔗

1. The presiding judge shall, on the basis of a drawing of lots, appoint a senior juror from among the jury.

2. The senior juror shall preside over the deliberation of the jury, shall address the presiding judge in writing on behalf of the jury, shall summarize the overall results of the voting, shall draw up the relevant documents, shall sign the verdict and shall announce it at the court hearing.

3. In the event of the release of the senior juror, the jury shall elect a new senior juror from among its members on the basis of a drawing of lots.

Article 234. Taking of the oath by jurors and alternate jurors🔗

1. After the appointment (election) of the senior juror, the jurors shall take the oath. The text of the oath shall be read by the presiding judge: „I swear to perform the duty of a juror honestly and impartially, to take into account all lawful evidence, to take a decision on the basis of inner conviction, as befits a just person!“.

2. After the reading of the text of the oath, each juror, in the order in the list of jurors, shall say: „I confirm!“.

3. Alternate jurors shall take the oath in the same manner.

4. The oath-taking procedure shall be entered in the minutes of the court hearing.

5. A juror shall take the oath standing.

6. After the taking of the oath, the presiding judge shall explain to the jurors their rights and duties.

Article 235. Rights of Jurors🔗

1. A juror shall have the right, upon his or her written request, to receive:

a) an explanation from the court on the applicable law;

b) preliminary information on the circumstances of the case and the evidence to be examined;

c) during the court hearing, additional clarification: from the presiding judge – on the law, from witnesses – on factual circumstances, from the parties – on closing statements;

d) during the jury's deliberation, additional clarification from the judge on the law.

2. The judge shall explain to the jurors the right to take notes during the hearing. Before the jurors retire to the deliberation room, they shall be given the minutes of the court hearing, except for those parts that concern inadmissible evidence.

Article 236. Duties of jurors (alternate jurors, candidates for jury service)🔗

1. Jurors and alternate jurors shall be prohibited from:

a) leaving the courtroom during the proceedings;

b) disclosing information received during the examination of the case before the verdict is delivered, or expressing their own opinion regarding the case under examination;

c) communicating with persons other than the presiding judge regarding the circumstances of the case under examination;

d) seeking information outside the scope of the hearing regarding the case under examination;

e) violating the secrecy of the jury's deliberations and voting;

f) violating order in the court building and failing to comply with the relevant instructions of the presiding judge.

2. A juror shall be obliged to attend court hearings related to the case under examination and the deliberations of the jury.

3. Failure by a juror (candidate for jury service) to perform a procedural duty defined by this Code entails the liability established by the legislation of Georgia.

4. The presiding judge shall warn the jurors about possible measures of liability, and shall also explain to them that, in the event of failure to perform a procedural duty, the presiding judge, on his/her own initiative or upon a motion of a party, shall release them from the performance of jury duty.

5. In the event of a candidate for jury service or a juror failing to appear in court at the appointed time without a valid reason, failing to perform or improperly performing the duties imposed on him/her, the presiding judge shall consider this matter as mandatory and, if the said circumstance/circumstances is/are established, shall issue an order by which he/she shall impose on the candidate for jury service or the juror a fine in the amount of GEL 500 to GEL 1500. The amount of the fine shall be deterrent, proportionate to the damage caused and consistent with the financial situation of the said person. The order issued by the court may be appealed once by the person on whom the fine was imposed, within 48 hours from the delivery to him/her of a copy of this order. The complaint shall be filed with the presiding judge of the court examining the case, who, within 24 hours from its filing, by oral hearing or without an oral hearing, shall adopt by ruling one of the following decisions:

a) refusing to grant the complaint and leaving the order imposing a fine on the person unchanged;

b) granting the complaint and revoking the order imposing a fine on the person.

6. Before the adoption of the ruling provided for by paragraph 5 of this Article, the enforcement of the order imposing a fine on the person shall be suspended. The said order shall be enforced in accordance with the Law of Georgia "on Enforcement Proceedings".

Law of Georgia of 28 October 2011 No. 5170 – website, 11.11.2011.

Law of Georgia of 28 June 2021 No. 707 – website, 29.06.2021.

Article 237. Mandatory informing of jurors about the existence of a plea agreement🔗

The presiding judge shall provide the jurors with information on the existence of a plea agreement on issues essentially related to the case under consideration.

Article 238. Criminal record of the accused🔗

Before the verdict is announced, the jurors shall not be informed about the accused's prior criminal or administrative liability or criminal record (unless this is presented as one of the qualifying elements of the charge and/or is intended to verify the credibility of the accused's testimony), as well as about any other evidence that has no connection with the proof of the charge.

Article 239. Filing and deciding a motion🔗

1. The presiding judge shall ascertain whether the parties have a motion provided for by this Article. Motions of a homogeneous type shall be submitted to the court together. A person who files a motion shall indicate for the establishment of which circumstances the motion is filed.

2. In the event of submission of additional evidence during the merits hearing of the case, the court, upon a party's motion, shall consider the issue of its admissibility and shall ascertain the reason for the failure to submit the evidence before the merits hearing of the case, on the basis of which it shall take a decision on the admission or non-admission of the evidence in the case.

3. In a jury court, the issue of admissibility of evidence shall be considered without the jurors.

4. In the event of admission of the submitted additional evidence in the case, the court may, upon a party's motion, postpone the hearing of the case for a reasonable period if the party needs additional time to prepare the position of the defence or the prosecution.

5. A motion for obtaining substantially new evidence during the merits hearing of the case shall be granted if the obtaining of this evidence or the filing of a motion for its obtaining in accordance with the procedure established by this Code was objectively impossible before. In the event of granting the motion, the evidence shall be obtained in accordance with the procedure provided for by this Code.

6. The examination of the evidence provided for by this Article shall be conducted in compliance with the general rule established by this Code, taking into account the specifics of the merits hearing of the case in court.

Article 240. Consideration of a case in the event of non-appearance of participants in the proceedings🔗

1. In the event of non-appearance of any participant in the proceedings, the presiding judge shall, in accordance with the procedure established by this Code, decide on continuing the consideration of the case on the merits or on postponing it. In the event of non-appearance for an unjustified reason, the presiding judge shall, by order, impose on the participant in the proceedings a fine of 100 to 500 GEL, which shall not release him or her from the obligation to appear. A party shall have the right to file a motion before the judge for the compulsory bringing of a summoned person.

2. In the event of postponement of the consideration of the case on the merits, the court shall ask the parties about the possibility of questioning a witness who has appeared. A witness questioned in this manner shall be summoned again only in case of necessity, upon a motion of a party.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013

Ruling of the Constitutional Court of Georgia of 13 October 2017 No. 1/20/1219,1236 – website, 19.10.2017

Article 241. Opening statements of the parties🔗

1. The presiding judge shall grant the prosecution the right to present the opening statement of the prosecution. Thereafter, the defence counsel and the accused shall be granted the right to present the opening statement of the defence.

2. The presiding judge shall set a reasonable time limit for the party to present the opening statement.

Article 242. General rule for the examination of evidence🔗

1. The examination of evidence shall begin after the parties have presented their opening statements.

2. First, the evidence presented by the prosecution shall be examined, and thereafter the evidence presented by the defence. The sequence and scope of the evidence presented for examination shall be determined by the party presenting it.

3. The defence shall participate in the examination of the evidence presented by the prosecution, and the prosecution shall participate in the examination of the evidence presented by the defence.

Article 243. Examination of the record of questioning and of testimony given during investigation, remote interrogation of a witness🔗

1. If a witness fails to appear in court at the hearing on the merits to give testimony, the public reading at the hearing on the merits of information obtained through his questioning or of testimony given during investigation in accordance with Article 114 of this Code, as well as the listening to (demonstration of) the audio or video recording of the obtained information/testimony shall be permissible only if the witness has died, is not in Georgia, his whereabouts are unknown, or all reasonable possibilities of bringing him before the court have been exhausted and the questioning/interrogation was conducted in the manner established by this Code. A conviction judgment may not be based solely on the said evidence.

2. If a witness has appeared in court at the hearing on the merits to give testimony, a party is entitled to request the public reading, in full or in part, of the record of his questioning or of the testimony given by him in accordance with Article 114 of this Code, as well as the listening to (demonstration of) the audio or video recording of this testimony. The court shall be obliged to grant this request.

3. On the basis of a party's motion, by a court judgment, remote interrogation of a witness may be conducted using technical means from the same or another court or from another place, of which the parties shall be notified in advance.

4. (Removed - 12.06.2015, No. 3715).

5. A person provided for by Article 118¹ of this Code, who cooperates with the investigation body and whose identity disclosure harms the safety of this person and/or substantially infringes the interests of justice, shall be interrogated as a witness remotely, in such a manner that the possibility of his identification and/or recognition by the defence party is preserved.

Law of Georgia of 11 December 2013 No. 1729 - website, 25.12.2013.

Law of Georgia of 12 June 2015 No. 3715 – website, 24.06.2015.

Law of Georgia of 18 December 2015 No. 4677 - website, 29.12.2015.

Law of Georgia of 2 July 2025 No. 923 – website, 03.07.2025.

Article 244. Direct examination🔗

1. Direct examination shall be conducted by the party that summoned the witness to be interrogated.

2. During direct examination, asking leading questions shall be inadmissible. A party has the right to file a motion to dismiss a leading question and/or to declare such a question and the answer to it inadmissible evidence.

3. To ask a question (questions) and to answer a question asked, the presiding judge shall set a reasonable time limit for the party (witness).

Article 245. Cross-examination🔗

1. Cross-examination shall be conducted by the party that has not summoned the witness to be interrogated.

2. During cross-examination, asking leading questions shall be permissible.

3. To ask a question (questions) and to answer a question asked, the presiding judge shall set a reasonable time limit for the party (witness).

Article 246. Repeated direct and cross-examination. Disputed questions🔗

1. A party has the right to conduct repeated direct and cross-examination. During repeated direct examination, the party is limited by the scope of the cross-examination, and during repeated cross-examination – by the scope of the repeated direct examination.

2. Disputed questions posed during the examination of a witness shall be dismissed by the presiding judge upon a party's motion.

Article 247. Inadmissibility of using information given by the accused before the substantive hearing of the case as evidence🔗

1. If the accused objects to the public reading at the court hearing of information provided by him during questioning before the substantive hearing of the case in court, as well as to the listening (demonstration) of an audio or video recording of this information and the use of the above information as evidence, this shall be inadmissible. The accused's refusal to have the provided information publicly read at the court hearing or to have the audio or video recording of this information listened to (demonstrated) may not be assessed as evidence confirming his guilt.

2. The restriction provided for by paragraph 1 of this Article shall not apply to information obtained as a result of an operative-search measure or a covert investigative action.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014

Law of Georgia of 18 December 2015 No. 4677 - website, 29.12.2015

Article 248. Demonstration of evidence during court proceedings🔗

1. A party has the right, with the consent of the presiding judge, to demonstrate at the hearing the evidence in the case. During the substantive hearing of the case, only evidence whose authenticity is confirmed shall be admissible evidence.

2. Written evidence shall be read publicly by the party.

Article 249. Completion of the examination of evidence🔗

After the completion of the examination of evidence, the presiding judge shall give the parties the opportunity to present closing statements.

Article 250. Waiver of the charge or part of the charge🔗

1. The prosecution has the right, with the consent of the superior prosecutor, to waive the charge or part of the charge, or to replace the existing charge with a lighter charge. In the event of waiver of the charge or part of the charge by the prosecutor, the court shall, by ruling, decide on the termination of criminal prosecution on the charge or part of the charge.

2. The prosecution may exercise the right provided for by paragraph 1 of this Article in a court of any instance before the delivery of the judgment, except for the review of a judgment due to newly discovered circumstances.

3. A charge or part of a charge waived by the prosecution and the evidence on which it relies may not be re-submitted to the court in respect of the same accused.

Law of Georgia of 30 May 2013 No. 662 – website, 24.06.2013

Law of Georgia of 24 June 2016 No. 5576 - website, 12.07.2016

Article 251. Final statements of the parties🔗

1. The prosecution party shall present the final statement first, and the defence party thereafter. The parties shall not have the right to refer in their speeches to evidence that has not been examined in court.

2. If several prosecutors, attorneys or accused persons participate in the case, the presiding judge shall propose to them to agree on the order of speeches. In case of disagreement among the participants of the proceedings, lots shall be drawn.

3. For the final statement, the presiding judge shall set a reasonable time limit for the party.

Article 252. Rejoinder🔗

After the presentation of the final statement, the parties shall have the right, once again, within a reasonable time limit set by the presiding judge, to briefly express a counter-opinion and/or remark in the form of a rejoinder. The defence party shall in any case have the right to the final rejoinder.

Article 253. Final statement of the accused🔗

1. After the parties have presented their final statements and spoken in rejoinder, the accused shall have the right to make a final statement.

2. The presiding judge shall not have the right to determine the duration of the accused's final statement, but may stop the accused if it concerns a circumstance that has no connection with the case under consideration or that has not been examined during the proceedings.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Article 254. (Removed)🔗

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Article 255. Adoption of the summary judgment by the court🔗

1. After hearing the final statement of the accused, the court shall retire to the deliberation room to adopt a judgment.

2. The court shall be entitled to adopt a judgment on the spot by deliberation.

Article 256. Jury deliberation🔗

1. After receiving the explanations of the presiding judge, the jurors retire to the deliberation room to deliver a verdict. No one other than the jurors has the right to be present in the deliberation room or to influence the jurors' verdict in any way.

2. Jurors have the right to suspend deliberation only with the consent of the presiding judge.

3. After the jurors have considered the case, the senior juror shall successively put each question to an open vote, in the order and wording determined by the presiding judge. First, a vote is taken on a verdict of acquittal on all charges presented. If a verdict cannot be reached, a vote is taken on a verdict of conviction in ascending order of gravity of the charge.

4. Each juror expresses his or her affirmative or negative attitude towards the question. A juror shall not have the right to abstain from voting. A juror shall immediately inform the judge if any juror abstains from voting, disregards the instructions given by the judge, takes into account evidence that has not been examined in court, shows clear bias and/or otherwise clearly violates the law. In this case, the judge shall warn the juror, and in the event of a repeat violation by him, shall dismiss him and replace him with an alternate juror. If the obligation to dismiss a juror arises and the pool of alternate jurors is exhausted, the judge shall dismiss the entire jury and set the date of the session for selecting a new jury.

5. Jurors vote in the order of their sequence on the jury list. The senior juror votes last and summarizes the overall results of the vote.

Law of Georgia of 24 June 2016 No. 5591 - website, 13 July 2016.

Article 257. Receiving additional explanations🔗

If, in the course of the court hearing or in the course of deliberation, a juror considers that he needs additional explanations concerning the law, the factual circumstances, or the closing statement, he shall submit to the presiding judge in writing a request for additional explanations, indicating the relevant questions. The presiding judge shall, in accordance with the procedure established by this Code and taking into account the positions of the parties, decide on the said request. The presiding judge is entitled, on the basis of a motion of a party, to restrict a juror from submitting a written request.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24 September 2010, Art. 328

Article 258. Delivery and pronouncement of a court judgment in the name of Georgia🔗

A court judgment shall be delivered and pronounced in the name of Georgia.

Article 259. Legality, substantiation and fairness of a court judgment🔗

1. A court judgment shall be lawful, substantiated and fair.

2. A court judgment is lawful if it is rendered in compliance with the requirements of the Constitution of Georgia, international treaties of Georgia, other normative acts, including this Code and other laws of Georgia, whose norms were applied in the criminal proceedings.

3. A court judgment is substantiated if it is based on a body of evidence examined during the court hearing that excludes reasonable doubt. All conclusions and decisions set out in a court judgment shall be substantiated.

4. A court judgment is fair if the imposed punishment and the compulsory treatment of a person suffering from drug addiction (where such treatment exists) correspond to the personality of the convicted person and the gravity of the crime committed by him.

Law of Georgia of 24 June 2016 No. 5591 – website, 13.07.2016.

Law of Georgia of 18 October 2022 No. 1918 – website, 24.10.2022.

Law of Georgia of 16 April 2025 No. 500 – website, 17.04.2025.

Article 260. Issues to be decided by the court when rendering a judgment🔗

1. When rendering a judgment, the court shall decide the following issues in sequence:

a) whether the accused committed the act provided for by criminal law;

b) whether the act of the accused is unlawful;

c) whether the committed act is imputed to the accused as a charge;

d) whether the accused should be punished for the crime committed by him;

e) what punishment should be imposed on the accused and of what measure;

e¹) whether the compulsory treatment of a person suffering from drug addiction should be imposed on the accused and for what term it should be imposed;

f) whether the accused should serve the imposed punishment;

g) the issue of measures to secure possible procedural confiscation;

g¹) the issue of imposing on the convicted person the obligation to pay compensation to the victim;

h) what will be the fate of material evidence;

i) to whom and in what amount the reimbursement of procedural expenses should be imposed.

2. When convicting a person of committing several crimes, the court shall decide the issues referred to in paragraph 1 of this article separately for each crime and as a whole.

3. When convicting several accused of committing a crime, the issues referred to in paragraph 1 of this article shall be decided separately in respect of each accused.

Law of Georgia of 16 April 2025 No. 500 – website, 17.04.2025.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Law of Georgia of 16 October 2025 No. 984 – website, 17.10.2025.

Article 261. Jury verdict🔗

1. The jury court tries and adopts decisions on facts. The jury court adopts decisions on facts on the basis of the decisions and explanations adopted by the presiding judge on legal issues.

2. Jurors shall decide on the question of innocence or guilt on each charge presented.

3. Jurors adopt a verdict unanimously.

4. If the jury court is unable to adopt decisions unanimously within 4 hours, decisions shall be adopted within the following 8 hours by the following majority of votes: if the jury court consists of not less than 11 jurors, decisions shall be adopted by 8 votes; if the jury court consists of 10 jurors, decisions shall be adopted by 7 votes; if the jury court consists of 9 jurors, decisions shall be adopted by 6 votes; if the jury court consists of 8 jurors, decisions shall be adopted by 5 votes; if the jury court consists of 7 or 6 jurors, decisions shall be adopted by 4 votes.

5. If the jurors are unable to reach a common agreement, the presiding judge shall once again explain to the jurors the meaning of the verdict and shall ask the foreman of the jury to report to the presiding judge whether there is a juror who refuses to participate in the deliberations or who has an interest in the case, of which he/she did not declare at the time of the selection of jurors. After the said explanation, the presiding judge shall address the jurors to return to the deliberation room and deliver a verdict in accordance with the law.

6. If, after returning to the deliberation room, the jurors are unable to adopt a verdict within the following 3 hours in accordance with paragraph 4 of this article, the judge shall grant them an additional reasonable time or shall dismiss them in full composition and shall set the date of the session for the selection of a new composition of jurors. If this jury court is also unable to adopt a decision in accordance with the procedure established by this Code, the accused shall be considered acquitted.

7. The presiding judge is entitled to annul a guilty verdict of the jury court and to set the date of the session for the selection of a new composition of jurors, if the said verdict clearly contradicts the body of evidence, is unfounded and the annulment of the guilty verdict is the only possibility for the administration of fair justice. The presiding judge shall not be entitled to exercise the power provided for by this paragraph solely on the ground that he/she does not agree with the jurors' assessment of the credibility of a witness's testimony or the significance of any evidence.

8. The foreman of the jury shall fill in the jury verdict, in which he/she shall enter the overall results of the voting and which all jurors shall confirm by signature.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia No. 5591 of 24 June 2016 - website, 13 July 2016.

Article 262. Form of the verdict🔗

1. The presiding judge shall prepare 2 forms of the verdict for each accused, which are submitted to the jurors: one for a not guilty verdict, the other for a guilty verdict.

2. The form of the verdict shall be read as follows:

a) Form of a not guilty verdict: the jury, in the case (case number and title), did not find the accused (name and surname) guilty of committing the crime (name) provided for by Article (paragraph, subparagraph) (number) of the Criminal Code of Georgia;

b) Form of a guilty verdict: the jury, in the case (case number and title), found the accused (name and surname) guilty of committing the crime (name) provided for by Article (paragraph, subparagraph) (number) of the Criminal Code of Georgia.

Article 263. Announcement of the verdict🔗

1. After the verdict is signed by the foreman of the jury, the jurors return to the courtroom and the foreman of the jury hands the verdict to the presiding judge.

2. The presiding judge shall read the verdict and shall verify the following:

a) the verdict on each charge was reached as a result of a correct vote;

b) there is no obvious contradiction between the forms of the verdict;

c) the verdict has been rendered on all charges brought.

3. If the presiding judge considers the form of the verdict to comply with the requirements of paragraph 2 of this Article, he/she returns the verdict to the foreman of the jury for announcement before the court.

4. The foreman of the jury announces the verdict in the courtroom.

5. If the presiding judge considers that the form of the verdict does not comply with the requirements of paragraph 2 of this Article, he/she returns the verdict to the foreman of the jury and demands that the jurors return to the deliberation room to correct errors.

6. After the announcement of the verdict, the presiding judge thanks the jurors for their participation in the administration of justice and dismisses them, except in the case provided for by Article 264 of this Code.

7. If the verdict is entirely not guilty, the detained accused shall be released immediately. The presiding judge is obliged, immediately upon the announcement of the not guilty verdict, to deliver an acquittal judgment.

8. Immediately upon the announcement of the guilty verdict, the presiding judge sets the date of the sentencing hearing. The sentencing hearing shall be held no later than 3 days after the announcement of the verdict.

Article 264. Sentencing hearing🔗

1. If the case was considered by a jury court, at the sentencing hearing the parties, on the basis of the totality of evidence examined in the case, as well as other evidence presented, taking into account mitigating and aggravating circumstances, present to the court their opinions regarding the type and measure of the sentence. If neither party refuses, the sentencing hearing is held with the participation of the jurors. On the basis of a party's motion, by decision of the presiding judge, evidence declared inadmissible during the consideration of the case on the merits may also be admitted at the sentencing hearing.

2. If at the sentencing hearing the jurors, by majority vote, adopt a recommendation to mitigate the sentence, the presiding judge is not entitled to impose on the accused more than two-thirds of the maximum limit of the sentence provided by the Criminal Code of Georgia for this crime, and if the minimum limit of the sentence established by the Criminal Code of Georgia exceeds two-thirds of the maximum limit, the convicted person shall be imposed the minimum sentence.

3. If at the sentencing hearing the jurors, by majority vote, adopt a recommendation to aggravate the sentence, the presiding judge is not entitled to impose on the accused less than two-thirds of the maximum limit of the sentence provided by the Criminal Code of Georgia for this crime.

4. If the jury court is unable to adopt a recommendation to mitigate or aggravate the sentence, the sentence is imposed by the presiding judge.

5. A party has the right to express its position on the opinion presented by the opposing party regarding the sentence.

6. The presiding judge imposes the sentence on the accused taking into account the recommendation to mitigate or aggravate the sentence adopted by the jurors.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Article 265. Judgment of the jury court🔗

1. At the sentencing hearing, the presiding judge delivers a judgment, which must be unequivocally based on the verdict rendered by the jurors.

2. The presiding judge shall not cast doubt on the verdict rendered by the jurors, nor on the recommendation to mitigate or aggravate the sentence.

3. When rendering the judgment of the jury court, the presiding judge does not substantiate the verdict. The judgment of the jury court, taking into account the recommendation to mitigate or aggravate the sentence adopted by the jurors, must be reasoned only in the part of the sentence.

4. The judgment of the jury court shall enter into legal force upon its announcement.

Article 266. Appeal against the judgment of a jury court🔗

1. An acquittal delivered by a jury court is final and shall not be appealed.

2. A party may, once, appeal against a conviction by cassation procedure to the appellate court, if:

a) the presiding judge adopted an unlawful decision on the admissibility of evidence;

b) the presiding judge, when considering a motion filed by a party, adopted an unlawful decision, thereby substantially violating the principle of adversariality of the parties;

c) the presiding judge made a substantial error when giving instructions before retiring to the jury deliberation room;

d) the presiding judge, when delivering the judgment, did not rely in whole or in part on the verdict delivered by the jury;

e) the presiding judge, when delivering the judgment, relied on a verdict delivered in violation of the requirements of this Code;

f) the sentence is unlawful and/or clearly unfounded;

g) the presiding judge did not take into account the recommendation to mitigate or aggravate the sentence adopted by the jury.

3. Where a cassation appeal provided for by subparagraphs "a"–"e" of paragraph 2 of this Article is upheld, the case shall be referred for retrial to a new composition of the jury court.

4. Where the judgment of the jury court is quashed in the part concerning the sentence on the ground provided for by subparagraphs "f" and "g" of paragraph 2 of this Article, the appellate court shall set a new sentence by its judgment. In this case, the judgment of the appellate court is final and shall not be appealed.

Law of Georgia of 24 June 2016 No. 5591 – website, 13.07.2016.

Article 267. Rule for the court's deliberation and for adopting decisions on individual issues of a case🔗

1. When a case is considered collegially, the delivery of a judgment shall be preceded by the court's deliberation in accordance with the procedure established by this Code.

2. The presiding judge puts the issues to be decided by the judges in the sequence indicated in Article 260 of this Code. In the same sequence, the issues shall be decided by a judge who considers a criminal case single-handedly.

3. On each issue, the decision most favourable to the accused shall be voted on first. If one judge has demanded the acquittal of the accused of the commission of a crime, while two other judges have different opinions on the qualification of that crime and the measure of punishment, when adopting a decision on the compulsory treatment of a person suffering from drug addiction, the judge's vote for the acquittal of the accused shall be joined to the vote of the judge whose decision is most favourable to the accused.

Law of Georgia of 16 April 2025 No. 500 – website, 17.04.2025.

Article 268. Types of court judgment🔗

1. A court judgment may be a conviction or an acquittal.

2. A court judgment may be a conviction on some counts of the charge and an acquittal on other counts of the charge.

Article 269. Conviction🔗

1. A conviction contains the court's judgment that the accused is found guilty.

2. A conviction may not be based on presumption.

3. A conviction may be delivered:

a) with imposition of a sentence to be served;

b) with imposition of a sentence and release from serving it;

c) without imposition of a sentence;

d) with or without ordering compulsory treatment of a person suffering from drug addiction.

4. When delivering a conviction with imposition of a sentence to be served, the court shall precisely determine the type and measure of the sentence, as well as the commencement of the term of serving the sentence and of the term of compulsory treatment of a person suffering from drug addiction. The time of a person's arrest, imprisonment and stay in a medical institution for examination shall be counted towards the term of the sentence imposed by the court.

5. The court shall deliver a conviction with imposition of a sentence and release from serving it if, at the moment of delivery of the judgment:

a) an amnesty act has been issued which releases the person from serving the sentence imposed by the judgment;

b) the limitation period for criminal prosecution for this crime has expired;

c) (was declared invalid - Judgment of the Constitutional Court of Georgia No. 3/1/633,634 of 13 April 2016 - website, 22.04.2016)

d) the person voluntarily renounced the crime;

e) the person performed active repentance;

f) the act provided for by Article 2862, 322¹, 344 or 362 of the Criminal Code of Georgia was committed by a person because of being a victim in a crime provided for by Article 1431 and/or 143² of the Criminal Code of Georgia.

6. The court shall deliver a conviction without imposition of a sentence if, at the moment of delivery of the judgment, the accused has died.

Law of Georgia No. 3616 of 24 September 2010 - LHG I, No. 50, 24.09.2010, Art. 328

Judgment of the Constitutional Court of Georgia No. 3/1/633,634 of 13 April 2016 - website, 22.04.2016

Law of Georgia No. 461 of 27 April 2021 – website, 04.05.2021

Law of Georgia No. 500 of 16 April 2025 – website, 17.04.2025

Article 270. Acquittal🔗

1. An acquittal means that the charge brought against the accused has not been proven.

2. An acquittal shall not contain formulations that exclude the innocence of the acquitted person or defame his name.

Article 271. Form of the judgment🔗

1. A judgment consists of introductory, descriptive-motivating and operative parts.

2. The judgment shall be signed by all judges, except for those having a dissenting opinion.

3. A correction made in the judgment shall, before the pronouncement of the judgment, be pre-agreed and confirmed by signature by all judges.

Article 272. Introductory part of a judgment🔗

The introductory part of a judgment shall state:

a) that the judgment is delivered in the name of Georgia;

b) the time and place of delivery of the judgment;

c) the name and composition of the court delivering the judgment, the secretary of the court hearing, the prosecutor and the defence counsel;

d) the personal data of the accused and other information relating thereto that is relevant to the case;

e) the criminal law under which the accused was charged.

Article 273. Descriptive and reasoning part of a conviction judgment🔗

1. The descriptive and reasoning part of a conviction judgment shall contain a description of the criminal act which the court has found to be established. In addition, the judgment shall indicate the place, time and manner of its commission, the form of guilt, the motive, purpose and consequence of the crime. The judgment shall also indicate the evidence on which the court's conclusion is based and the reason why the court accepted one piece of evidence and rejected another. In addition, the judgment shall state the circumstances mitigating or aggravating liability, and if part of the charge is considered unfounded or the qualification of the crime is incorrect – the grounds and reasons for changing the charge in favour of the accused. The judgment shall also indicate the grounds and reasons for imposing on the convicted person the obligation to pay compensation to the victim. The judgment shall also state the legal assessment and the laws by which the court was guided. The judgment may indicate the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols and the precedents of the European Court of Human Rights on a similar legal issue by which the court was guided.

2. The court shall also be obliged to substantiate the type and measure of the punishment, the application of a conditional conviction, the imposition of a punishment lower than the minimum limit provided for the respective crime by the Criminal Code of Georgia and the transition to a less severe punishment, the imposition of compulsory treatment on a person suffering from drug addiction, the imposition on the convicted person of the obligation to pay compensation to the victim, and the decision on the revocation or further application of a measure of procedural coercion.

Law of Georgia of 28 October 2011 No. 5170 – website, 11.11.2011.

Law of Georgia of 18 October 2022 No. 1918 – website, 24.10.2022.

Law of Georgia of 16 April 2025 No. 500 – website, 17.04.2025.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Law of Georgia of 16 October 2025 No. 984 – website, 17.10.2025.

Article 274. Operative part of a conviction judgment🔗

1. The operative part of a conviction judgment shall state:

a) the name and surname of the accused;

b) the decision on finding the accused guilty of committing the crime;

c) the article (paragraph, subparagraph) of the Criminal Code of Georgia under which the accused is considered guilty;

d) the type and measure of the punishment imposed on the accused for each crime, and the final measure of the punishment to be served;

e) the duration of the probation period, if a conditional conviction is applied;

f) the decision on counting the period of detention, custody and stay in a medical institution for examination in the term of the punishment;

f¹) on the compulsory treatment of a person suffering from drug addiction, as well as the duration of the compulsory treatment;

g) the duration of the deferral of execution of the judgment for the convicted person and the obligations imposed on him/her;

h) the resolution of the issue of material evidence;

i) the resolution of the issue of confiscation of property and procedural confiscation;

i¹) the decision on imposing on the convicted person the obligation to pay compensation to the victim;

j) the decision on deprivation of a state award, military, honorary or special rank;

k) (removed – 28.10.2011, No. 5170);

l) the right to appeal the judgment, within what term and where it may be appealed.

2. If a person was charged under several articles of the Criminal Code of Georgia, the operative part of the judgment shall precisely indicate on which charge he/she was acquitted and on which he/she was convicted.

3. In the case of release of the accused from serving the punishment, this shall be stated in the operative part of the judgment.

4. The operative part of the judgment shall be formulated in such a way that, during execution of the judgment, no doubt arises as to the type and measure of the punishment imposed by the court, as well as the compulsory treatment of a person suffering from drug addiction and its duration.

5. The operative part of a conviction judgment shall indicate the amount of compensation to the victim, the property from which the compensation to the victim is to be paid, as well as all information necessary for the proper execution of the payment of compensation to the victim in accordance with the procedure established by the Law of Georgia “On Enforcement Proceedings”.

Law of Georgia of 28 October 2011 No. 5170 – website, 11.11.2011.

Law of Georgia of 16 April 2025 No. 500 – website, 17.04.2025.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Law of Georgia of 16 October 2025 No. 984 – website, 17.10.2025.

Article 275. Descriptive and motivational part of an acquittal judgment🔗

The descriptive and motivational part of an acquittal judgment shall state: the essence of the charge brought, the circumstances established by the court and the evidence confirming the court's conclusion as to the innocence of the accused; the motive explaining why the court considers the evidence on which the charge brought was based to be unconvincing or insufficient, and/or why the court considers that there is no occurrence of a crime or that the act committed by the accused is not a crime. The acquittal judgment shall also state the legal assessment and the laws by which the court was guided. The descriptive and motivational part of an acquittal judgment may also indicate the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols and the precedents of the European Court of Human Rights on a similar legal issue, by which the court was guided.

Law of Georgia of 18 October 2022 No. 1918 – website, 24.10.2022.

Article 276. Operative part of an acquittal judgment🔗

The operative part of an acquittal judgment shall state:

a) the first name and surname of the accused;

b) the decision on declaring the accused innocent and acquitting him/her;

c) the decision on revoking the preventive measure selected for the accused, and if he/she is in custody – also on his/her immediate release;

d) the decision on measures to secure procedural confiscation;

e) the right of the acquitted person to compensation for the damage caused;

f) the right to appeal the judgment, within what time limit and where it may be appealed.

Article 277. Pronouncement of a judgment🔗

1. A judgment shall be drawn up in the courtroom or in the deliberation room, after which the presiding judge shall publicly announce the operative part of the judgment in the courtroom.

2. If the accused does not know or does not adequately know the language of the criminal proceedings, the judgment shall, upon pronouncement or simultaneously, be translated to the accused into his/her native language or another language he/she understands.

3. The presiding judge shall explain to the parties the procedure and time limits for appealing the judgment. The convicted person shall also be explained the right to file a petition for pardon.

Article 278. Transfer of copies of the judgment and the dissenting opinion🔗

1. Copies of the judgment and the dissenting opinion shall be transferred to the convicted or acquitted person and to the prosecutor no later than 5 days after the pronouncement of the judgment, and in a complex, multi-volume case or a case involving charges against many persons – no later than 14 days. A copy of the judgment shall be transferred to another participant of the proceedings, at his/her request, within the same time period.

2. A copy of the judgment shall be transferred, within the time periods determined by paragraph 1 of this Article, also to the Ministry of Internal Affairs of Georgia for entering information on the criminal record and the search of the convicted or acquitted person into the database of the Ministry of Internal Affairs of Georgia, as well as to ensure the enforcement of the measure prohibiting the relevant convicted person from leaving Georgia.

3. To ensure the enforcement of the measure prohibiting the convicted person from leaving Georgia, the copy of the relevant judgment rendered by the court shall also be sent to the National Agency for Crime Prevention, Enforcement of Non-Custodial Sentences and Probation.

Law of Georgia of 4 March 2025 No. 344 – website, 06.03.2025.

Law of Georgia of 16 October 2025 No. 984 – website, 17.10.2025.

Article 279. Entry of the judgment into legal force and referral for execution🔗

1. A judgment shall enter into legal force and be referred for execution upon its public pronouncement by the court.

2. Upon pronouncement of the judgment, the following shall be released from custody:

a) the acquitted person;

b) (removed - 24.09.2010, No. 3616);

c) the convicted person by release from serving the sentence;

d) the convicted person who has been sentenced to imprisonment for a term not exceeding the period of his/her detention, custody and stay in a medical institution for examination;

e) the convicted person who has been sentenced to imprisonment conditionally or with deferral of execution of the judgment;

f) the convicted person who has been sentenced to a punishment not related to imprisonment.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Article 280. Rule for putting a judgment, ruling, or resolution into execution🔗

1. Putting a judgment or ruling into execution shall be the duty of the court that adopted this decision. The court shall send the order on the execution of the judgment, together with a copy of the judgment, to the body responsible for its execution.

2. The body executing the judgment shall immediately notify the court that delivered the judgment of its execution.

3. If the judgment provides for deprivation of a state award or a military, honorary or special rank from the convicted person, the court shall send a copy of the judgment to the body that awarded the convicted person or conferred on him a military, honorary or special rank.

4. In the part concerning a fine and other property penalty, a writ of execution shall be issued for putting the judgment into execution.

5. If the court has adopted a decision to transfer the minor child of the imprisoned convicted person, as well as another person dependent on him, for curatorship to a relative, another person or the relevant institution, it shall notify thereof the guardianship authority according to the child's place of residence, as well as the convicted person.

6. The resolution (ruling) on the termination of criminal prosecution shall be immediately executed in the part concerning the release of the accused from detention.

Article 281. Notification of putting a judgment into execution🔗

After the entry into legal force and putting into execution of a judgment by which imprisonment was imposed on the convicted person as a punishment, the penitentiary institution shall, not later than 1 working day after the admission of the convicted person, in the manner established by the Penitentiary Code, notify thereof the court that delivered the judgment and the close relative of the convicted person, as well as, at the request of the convicted person, another person and/or the convicted person's lawyer. This rule shall also apply to the case of a change by the convicted person of the place of serving the sentence.

Law of Georgia of 1 June 2017 No. 945 – website, 20.06.2017.

Law of Georgia of 15 December 2023 No. 3998 – website, 26.12.2023.

Article 282. Search for a convict🔗

1. In the cases provided for by Article 30 of the Law of Georgia “On Enforcement Proceedings”, as well as by paragraph 4 of Article 18 of the Law of Georgia “On Crime Prevention, the Procedure for Execution of Non-custodial Sentences and Probation”, on the basis of a reasoned motion of the head of the National Enforcement Bureau — a Legal Entity of Public Law within the governance sphere of the Ministry of Justice of Georgia — or of the Crime Prevention, Non-custodial Sentences Execution and Probation Bureau, the court of first instance that takes the decision issues a ruling on the search for and bringing in of the convict through the police bodies.

2. In the process of the search for the convict, the running of the probation period is suspended.

3. In the event of the appearance of the convict, the court by ruling decides the question of replacing the imposed sentence with a stricter sentence, and in the case of a conditional conviction, conditional early release from serving the sentence and deferral of serving the sentence, the court decides the question of revocation of the conditional conviction, conditional early release from serving the sentence and deferral of serving the sentence and may determine that the sentence imposed by the judgment or the unserved part of the sentence be executed or that the convict be sent to the place designated by the judgment to serve the sentence.

4. In the event of violation of the conditions of the conditional conviction by the convict, if it is impossible to establish his whereabouts, the consideration provided for by paragraph 3 of this Article is conducted without the participation of the convict.

Law of Georgia of 10 December 2010 No. 3972 - LHG I, No. 72, 22.12.2010, Art. 436

Law of Georgia of 29 November 2019 No. 5394 – website, 10.12.2019.

Article 283. Deferral of Execution of Sentence🔗

1. In respect of a convicted person who has been sentenced to imprisonment, the execution of the sentence may be deferred by the court that delivered the sentence, on the basis of a forensic medical examination report, by the same sentence, and after its delivery – by a ruling, if the following grounds exist:

a) the convicted person is suffering from a serious illness which prevents the serving of the sentence – until his/her recovery or substantial improvement of his/her health condition;

b) the convicted person is pregnant at the time of execution of the sentence – until 1 year after childbirth.

1¹. In the case provided for by subparagraph „b“ of the first paragraph of this Article, the court is entitled to defer the execution of the sentence without an oral hearing.

1². In the case provided for by subparagraph „a“ of the first paragraph of this Article, when considering the issue of deferral of execution of the sentence, the court shall take into account the treatment administered/possible in the penitentiary institution, the course of the illness, as well as the appropriateness of executing the sentence imposed in the form of imprisonment until the convicted person's recovery or substantial improvement of his/her health condition, the convicted person's personal characteristics, the fact of his/her commission of a crime in the past, the nature, motive, purpose of the crime, the consequences that occurred, the risk of repeated commission of a crime, the behaviour demonstrated by the convicted person while serving the sentence, and other circumstances that may influence the court's judgment.

1³. The court shall consider the issue provided for by paragraph 1² of this Article at an oral hearing. The participation of the Special Penitentiary Service therein is mandatory.

2. The court shall consider the issue of deferral of execution of the sentence upon the motion of the convicted person, his/her lawyer, legal representative, or the General Director of the Special Penitentiary Service.

3. When deferring the execution of the sentence due to a serious illness, the court that made the judgment shall, by the same sentence (ruling), determine the periodicity of conducting an examination at the convicted person's expense, at least once a year, for the purpose of determining the convicted person's health condition, and of the convicted person's submission of the examination report. If the convicted person fails to submit the examination report to the court that made the judgment within the relevant periodicity, the court, without an oral hearing, by ruling, shall decide on the return of the convicted person to the relevant institution for serving the unserved part of the sentence.

4. In the event of submission of the examination report by the convicted person, the court that made the judgment on deferral of execution of the sentence, without an oral hearing, by ruling, shall decide on upholding the court's judgment on the deferral of execution of the sentence or shall decide on the return of the convicted person to the relevant institution for serving the unserved part of the sentence.

5. If the convicted person refuses the child or evades raising the child after he/she has been warned by the Probation Bureau, the court that delivered the decision on deferral of execution of the judgment may, without an oral hearing, by ruling, upon the submission of the Probation Bureau, revoke the deferral of serving the sentence and send the convicted person to serve the sentence at the place designated by the judgment.

6. When the child of the convicted person reaches the age of 1 year, the court that delivered the decision on deferral of execution of the judgment shall, without an oral hearing, by ruling, release the convicted person from serving the unserved part of the sentence or replace the unserved part of the sentence with a lighter type of punishment, or shall take a decision on returning the convicted person to the relevant institution for serving the unserved part of the sentence.

7. In connection with the deferral of execution of the judgment, the National Agency for Crime Prevention, Non-custodial Sentences Enforcement and Probation shall act in accordance with the requirements of the Law of Georgia “On Crime Prevention, Procedure for Enforcement of Non-custodial Sentences and Probation”.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 28 October 2011 No. 5170 - website, 11.11.2011.

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013.

Law of Georgia of 1 May 2015 No. 3528 - website, 18.05.2015.

Law of Georgia of 1 June 2017 No. 945 - website, 20.06.2017.

Law of Georgia of 5 July 2018 No. 3126 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5394 – website, 10.12.2019.

Article 283¹. Resolution of issues raised in the execution of a judgment rendered against a convicted person subject to extradition to Georgia🔗

1. If the competent authority of a foreign state has adopted a decision on refusal to fully or partially grant a request for the extradition to Georgia of a convicted person for the purpose of execution of the judgment, this shall be immediately communicated to the respective court that rendered the judgment.

2. After receiving the notification provided for by paragraph 1 of this article, the court that rendered the judgment shall adopt a decision on the full or partial deferral of the execution of the judgment.

3. The court that rendered the judgment shall consider the issue of the full or partial deferral of the execution of the judgment without an oral hearing, at any time after receiving the notification provided for by paragraph 1 of this article, but not later than 48 hours after the transfer of the convicted person to the respective authorities of Georgia.

4. In the cases provided for by this article, the execution of the judgment shall be deferred in full or in part for the period during which it was impossible to execute the judgment rendered against a convicted person extradited to Georgia in accordance with paragraph 2 of Article 16 of the Law of Georgia “On International Cooperation in Criminal Matters”.

5. In connection with the issue provided for by paragraph 2 of this article, the court that rendered the judgment shall issue a ruling, a copy of which shall be sent to the convicted person and to the Special Penitentiary Service.

6. The ruling provided for by paragraph 5 of this article shall, along with other data, contain information as to which part of the judgment is subject to execution and to full or partial deferral.

7. If the court has adopted a decision on the full or partial deferral of the execution of the judgment and the convicted person has the right to appeal the judgment, the time limit for appeal provided for by this Code shall start running for him or her from the time when the obstructive circumstance provided for by paragraph 2 of Article 16 of the Law of Georgia “On International Cooperation in Criminal Matters” no longer exists.

8. A fully or partially deferred judgment shall be subject to immediate execution after the elimination of the obstructive circumstance provided for by paragraph 2 of Article 16 of the Law of Georgia “On International Cooperation in Criminal Matters”; in the event of the person's absconding, the court that rendered the judgment shall, sitting alone, issue a ruling on searching for the convicted person through the police authorities.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 7 December 2010 No. 3891 – LHG I, No. 67, 09.12.2010, Art. 418

Law of Georgia of 13 December 2013 No. 1797 – website, 28.12.2013

Law of Georgia of 5 July 2018 No. 3126 – website, 11.07.2018

Article 284. Release of a convicted person from further serving of the sentence due to illness or old age🔗

1. The court is entitled to release a convicted person from further serving of the sentence if his/her state of health is incompatible with serving the sentence and, according to the expert opinion, the recovery of the convicted person and/or a substantial improvement of the state of health is not expected.

2. The joint permanent commission of the Ministry of Justice of Georgia and the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia is entitled to release from further serving of the sentence a convicted person placed in a penitentiary institution if he/she has a disease or a combination of diseases and, against the background of treatment, the maintenance of his/her main vital indicators is complicated, and moreover, the prognosis of lethality determined by a medical council on the basis of consensus is high.

3. The court is entitled to release from further serving of the sentence a person who has reached old age during the serving of the sentence (woman – from 65 years, man – from 70 years), if he/she has not been sentenced to life imprisonment and has served not less than half of the sentence.

4. When considering the issues defined by paragraphs 1 and 3 of this Article, the court shall take into account the expediency of the execution of the sentence imposed in the form of imprisonment, the personal characteristics of the convicted person, the fact of his/her commission of a crime in the past, the nature of the crime, motive, purpose, the resulting consequence, the risk of repeated commission of a crime, the behaviour demonstrated by the convicted person while serving the sentence and other circumstances that may influence the court's judgment.

5. In the cases provided for by this Article, the court of first instance, according to the place of serving the sentence, is entitled, on the basis of a corresponding motion, to issue a ruling on the release of the convicted person from further serving of the sentence through an oral hearing, with the mandatory participation of the Special Penitentiary Service.

6. Upon release of a convicted person from further serving of the sentence due to illness or old age, he/she may also be released from serving an additional sentence.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013

Law of Georgia of 13 December 2013 No. 1797 - website, 28.12.2013

Law of Georgia of 1 June 2017 No. 945 - website, 20.06.2017

Law of Georgia of 5 July 2018 No. 3126 – website, 11.07.2018

Article 285. Conditional early release from serving a sentence and replacement of the unserved part of a sentence with a lighter type of sentence🔗

1. A person who has been sentenced to community service, corrective labour, service restrictions of a military person or house arrest may be conditionally released early from serving the sentence if the court considers that serving the imposed sentence in full is no longer necessary for their correction. A person who has been sentenced to imprisonment for a fixed term, except for a convict provided for by paragraph 4 of Article 38 of the Penitentiary Code, may be conditionally released early from serving the sentence if the local council of the Special Penitentiary Service considers that serving the imposed sentence in full is no longer necessary for their correction. At the same time, the said convict may be released in full or in part from serving an additional sentence.

2. Depending on the place of serving the sentence, the court of first instance shall conditionally release a convict from serving the sentence imposed in the form of community service, upon the submission of the head of the Crime Prevention, Non-custodial Sentences Enforcement and Probation Bureau.

3. The local council of the Special Penitentiary Service may, for a less serious crime, replace the unserved part of the sentence of a person convicted to imprisonment, taking into account their behaviour during the period of being a convict, with a lighter type of sentence. At the same time, they may be released in full or in part from serving an additional sentence (except confiscation of property).

4. The local council of the Special Penitentiary Service is entitled, with the consent of the convict who has been sentenced to imprisonment for a fixed term, except for a convict placed in an institution for imprisonment of particularly high risk, to replace, during the serving of the sentence, the unserved part of the sentence with community service. In this case, the requirements of Article 44 of the Criminal Code of Georgia (except paragraphs 1 and 2) shall not apply. At the same time, the convict may be released in full or in part from serving an additional sentence (except confiscation of property).

4¹. The local council of the Special Penitentiary Service is entitled, with the consent of the convict who has been sentenced to imprisonment for a fixed term, except for a convict placed in an institution for imprisonment of particularly high risk, to replace the unserved part of the sentence with house arrest. In this case, the requirements of paragraph 2 of Article 47¹ of the Criminal Code of Georgia shall not apply. At the same time, the convict may be released in full or in part from serving an additional sentence (except confiscation of property).

5. The court of first instance delivering the judgment shall have the right, on the basis of a motion by the convicted person, to issue a ruling, without an oral hearing, on the release of the convicted person from serving the sentence imposed in the form of deprivation of the right to hold any office or to carry out any activity.

6. If the court refuses to grant the submission or motion provided for by this Article, the submission or motion on the same matter may be reconsidered only after 6 months, except where the term of the sentence to be served does not exceed 6 months and/or there is a special circumstance.

7. Upon conditional early release from serving the sentence, the convicted person may be imposed with the obligation provided for by Article 65 of the Criminal Code of Georgia.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 5 May 2011 No. 4631 – website, 19.05.2011

Law of Georgia of 27 December 2011 No. 5626 – website, 12.01.2012

Law of Georgia of 19 June 2012 No. 6504 – website, 02.07.2012

Law of Georgia of 13 December 2013 No. 1797 – website, 28.12.2013

Law of Georgia of 12 June 2015 No. 3715 – website, 24.06.2015

Law of Georgia of 1 June 2017 No. 945 – website, 20.06.2017

Law of Georgia of 5 July 2018 No. 3126 – website, 11.07.2018

Law of Georgia of 29 November 2019 No. 5394 – website, 10.12.2019

Law of Georgia of 15 December 2023 No. 3998 – website, 26.12.2023

Article 285¹. Review of the sentence imposed in the form of life imprisonment🔗

1. A convict may have life imprisonment replaced by community service or house arrest, if he has actually served fifteen years of imprisonment, has successfully completed the programme for preparation for the release of a person sentenced to life imprisonment approved by the Minister of Justice of Georgia, and if the court considers that the continuation of the serving of this sentence by the convict is no longer necessary.

2. Life imprisonment may be replaced for a convict by house arrest for a term of not less than five and not more than ten years, and by community service − for the same term, in accordance with the calculation provided for by paragraph 3 of Article 62 of the Criminal Code of Georgia.

3. The court is entitled to conditionally release from the further serving of the sentence a convict who has been imposed life imprisonment as a sentence and who has actually served twenty years of imprisonment and has successfully completed the programme for preparation for the release of a person sentenced to life imprisonment approved by the Minister of Justice of Georgia.

4. A convict may be released from serving life imprisonment with a probation period of not less than two and not more than seven years.

5. The court takes the decision provided for by this Article on the basis of the summary report of the programme for preparation for the release of a person sentenced to life imprisonment, taking into account the nature of the crime, the behaviour displayed by the convict while serving the sentence, the fact of his having committed a crime in the past, his criminal record, the risk of re-commission of a crime, family conditions and the personality of the convict.

6. If the court refuses to grant the motion on the matter provided for by this Article, the motion on the same matter may be reconsidered only after one year.

7. The court considers the issue of replacing life imprisonment for a convict by community service or house arrest and of releasing the convict from the further serving of the sentence at an oral hearing. The participation of the Special Penitentiary Service in it is mandatory.

Law of Georgia of 1 June 2017 No. 945 - website, 20.06.2017.

Law of Georgia of 5 July 2018 No. 3126 – website, 11.07.2018.

Law of Georgia of 11 January 2021 No. 89 – website, 11.01.2021.

Article 286. Execution of a judgment in the presence of another unexecuted judgment🔗

If there are several unexecuted judgments in respect of a convicted person, on the basis of a motion of the Director of the Penitentiary Department of the Special Penitentiary Service / the Head of the National Agency for Crime Prevention, Enforcement of Non-custodial Sentences and Probation, the court of first instance, according to the place of serving the sentence, without an oral hearing, issues a ruling on determining for the convicted person the sentence under all the said judgments.

Law of Georgia of 1 May 2015 No. 3528 – website, 18.05.2015.

Law of Georgia of 1 June 2017 No. 945 – website, 20.06.2017.

Law of Georgia of 5 July 2018 No. 3126 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5394 – website, 10.12.2019.

Article 287. Elimination of ambiguity-imprecision revealed during the execution of a judgment🔗

The court that rendered the judgment has the right, by ruling and without an oral hearing, to eliminate the ambiguity-imprecision existing in the judgment, which will not entail its annulment or alteration, namely:

a) to specify the dates of detention and arrest, as well as the period that was counted in imposing the sentence;

b) to correct the personal data of a participant in the proceedings;

c) to specify and apportion the procedural expenses;

d) to decide the issue of evidence;

e) to specify the issue of seizure of property;

f) to make another specification which will not affect the court's conclusion on the qualification of the convicted person's act, on the measure of the sentence.

Article 288. Consideration by the court of the issue of expungement of a criminal record🔗

1. The issue of expungement of a criminal record shall be considered, on the motion of the person who has served the sentence, by the court that rendered the judgment or by the district (city) court of first instance according to the place of permanent residence of the person who has served the sentence, without an oral hearing.

2. In the event of refusal to expunge the criminal record, the motion may be re-filed only after 3 months.

Law of Georgia of 30 May 2013 No. 657 – website, 19.06.2013.

Article 289. Procedure related to serving in Georgia of the unserved part of the sentence imposed on a convicted person on the basis of a judgment of a court of a foreign state🔗

1. In accordance with the international treaties and agreements of Georgia, the issue of serving in Georgia of the unserved part of the sentence imposed on a citizen of Georgia or a person permanently residing in Georgia on the basis of a judgment of a court of a foreign state shall be considered, in compliance with jurisdiction, by the court of first instance according to the place of registration of the convicted person.

2. The court shall consider the issue of serving in Georgia of the unserved part of the sentence imposed on a citizen of Georgia or a person permanently residing in Georgia on the basis of a judgment of a court of a foreign state without an oral hearing, within 1 month from receipt of the case materials.

3. On the serving in Georgia of the unserved part of the sentence imposed on the basis of a judgment of a court of a foreign state, the court of Georgia shall issue a ruling.

4. The ruling shall state:

a) the name and location of the court that delivered the judgment of the foreign state, as well as the time of delivery of the judgment;

b) data on the last places of residence and work and activity in Georgia of the convicted citizen of Georgia or person permanently residing in Georgia;

c) the qualification of the act of which the person is accused on the basis of criminal law;

d) the Article of the Criminal Code of Georgia that provides for liability for the committed crime;

e) the type and term of the sentence that the convicted person must serve in Georgia, indicating the dates of commencement and completion of serving the sentence and the procedure for compensation of damage.

5. The serving in Georgia of the unserved part of the sentence imposed on the basis of a judgment of a court of a foreign state shall be carried out in the same manner and under the same conditions as the serving in Georgia of a sentence imposed on the basis of a judgment of a court of Georgia for a crime committed in Georgia.

6. In the event of review, alteration or annulment by a court of a foreign state of a judgment in respect of a person transferred to Georgia for serving a sentence, the issue of enforcement of such judgment shall be resolved in accordance with this Article.

7. A copy of the ruling of the court of Georgia on the enforcement of the judgment of a court of a foreign state in respect of a person transferred to Georgia for serving a sentence shall be sent to the Ministry of Justice of Georgia for the purpose of further informing the competent authorities of the respective state.

8. In respect of a person transferred to Georgia for serving a sentence, a judgment of a court of a foreign state and/or an international criminal court shall produce the same legal consequences of conviction as in respect of a person convicted by a court of Georgia.

9. An act of amnesty or pardon issued by the foreign state that delivered the judgment and by Georgia shall be applied to a person transferred to Georgia to serve a sentence, in accordance with the conditions and rules established by that act, unless otherwise provided by the international treaties and agreements of Georgia.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Article 290. Confirmation of the correspondence of a judgment of a court of a foreign state to a crime provided for by the corresponding article of the Criminal Code of Georgia🔗

1. If a citizen of Georgia has been convicted by a court of a foreign state for the commission of a crime for which the Civil Procedure Code of Georgia provides for the confiscation of unlawfully and/or unjustifiably acquired property, the Prosecutor General of Georgia shall be entitled, within 3 months from the moment of receipt of the conviction, to apply to the Supreme Court of Georgia with a motion to confirm the correspondence of the factual and legal circumstances of the committed crime to a crime provided for by the corresponding article of the Criminal Code of Georgia.

2. The motion shall be considered within 3 months by the Chamber of Criminal Cases of the Supreme Court of Georgia.

3. The convicted person and his/her lawyer or legal representative shall have the right to participate in the consideration. The non-appearance of the parties shall not impede the consideration of the motion.

4. On the basis of the consideration of the motion, the court shall issue a ruling confirming the correspondence of the factual and legal circumstances established by the judgment of the court of the foreign state to a crime provided for by the corresponding article of the Criminal Code of Georgia and granting the motion, or on the absence of such correspondence and refusal to grant the motion. The ruling shall state the name and location of the court that delivered the judgment of the foreign state, the time of delivery of the judgment, data on the convicted citizen of Georgia, the factual and legal circumstances established by the court of the foreign state, with reference to the corresponding article of the criminal law, and the article of the Criminal Code of Georgia that provides for liability for the commission of the corresponding crime.

5. The ruling shall be final and shall enter into legal force upon its announcement.

6. The prosecutor shall be entitled, within 10 years from the entry of the ruling into legal force, in accordance with the procedure established by the Civil Procedure Code of Georgia, to file a claim for the confiscation of the unlawfully and/or unjustifiably acquired property of the convicted person and its transfer to the state.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 30 November 2018 No. 3814 – website, 13.12.2018

Article 291. Appeal against a ruling delivered by a court in connection with the issues raised during the enforcement of a judgment🔗

1. A ruling delivered by a court in accordance with Articles 282, 283, 284, 285, 2851, 286, 287, 288 and 289 of this Code may be appealed once, within 10 days, to the Criminal Cases Chamber of the Court of Appeal, which shall consider the appeal within 1 month, without an oral hearing.

2. When the said issues are considered both in the court of first instance and in the Court of Appeal, the prosecutor shall not participate.

Law of Georgia of 1 June 2017 No. 945 – website, 20.06.2017.

Article 292. General provisions🔗

1. A judgment of the court of first instance which the appellant considers unlawful and/or unfounded may be appealed by way of appeal.

2. The right to file an appeal shall be vested in the prosecutor, the superior prosecutor, the convicted person and/or his/her defence lawyer.

2¹. The right to file an appeal shall also be vested in the person provided for by subparagraph "b" of the first paragraph of Article 165⁴ of this Code, in the part concerning the imposition of the obligation to pay compensation to the victim with the property provided for by the same subparagraph.

3. A convicted person in respect of whom a judgment of conviction was delivered in his/her absence shall have the right to appeal the judgment within 1 month: from the time of arrest; or from the moment of appearance before the relevant authorities; or from the pronouncement of the judgment of the court of first instance, if the convicted person requests that the appeal be considered without his/her participation.

4. Filing an appeal against a judgment delivered on the basis of a jury verdict shall not be permitted.

Law of Georgia of 24 September 2010 No. 3616 – LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Article 293. Time limit and form for filing an appeal🔗

1. An appeal shall be filed with the court that delivered the judgment within 1 month of its pronouncement.

2. The appeal shall state:

a) the name of the court to which the appeal is sent;

b) the name and surname of the person filing the appeal, place of residence, procedural status;

c) the court that delivered the appealed judgment and the date of its delivery;

d) the appealed provisions of the judgment;

e) the essence of the unlawfulness and/or groundlessness of the appealed provisions;

f) the evidence confirming the appellant's position;

g) evidence, including new evidence, which the appellate court must examine;

h) additionally submitted materials (if any).

2¹. The appeal may also state the incompatibility of the appealed judgment with the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols and with the precedents of the European Court of Human Rights on a similar legal issue.

3. Filing an appeal shall not suspend the enforcement of the judgment.

4. The appeal shall indicate in what part the judgment is appealed and the arguments confirming the appeal.

Law of Georgia of 18 October 2022 No. 1918 – website, 24.10.2022.

Article 294. Sending a copy of the appeal to the party, response🔗

1. As many copies of the appeal shall be filed with the court that delivered the judgment as are necessary for it to be transmitted by that court to the party.

2. The court shall send a copy of the appeal to the other party no later than 5 days, so that it may submit a response to the appeal. The other party must submit the response to the court no later than 5 days after receipt of the copy of the appeal.

3. The appellant has the right to receive from the court a copy of the response to the appeal.

Article 295. Decision on the Admissibility of an Appeal🔗

1. The case, the appeal and its response shall be sent from the court of first instance to the appellate court.

2. Within 10 days of receipt of the appeal and the case, the appellate court shall decide the issue of admissibility of the appeal without an oral hearing.

3. If the appeal does not comply with the requirements of paragraph 2 of Article 293 of this Code, the appellate court, without an oral hearing, by ruling shall give the appellant 5 days to remedy the defect in the appeal. If the appellant fails to comply with the said requirement, the appellate court, without an oral hearing, shall issue a ruling declaring the appeal inadmissible, which shall be final and not subject to appeal. If within the said period the appellant remedies the defect, the appellate court, without an oral hearing, shall issue a ruling declaring the appeal admissible and shall set the date of the appellate hearing.

4. If the appellate court considers that the appeal complies with the requirements of paragraph 2 of Article 293 of this Code, it shall, without an oral hearing, issue a ruling declaring the appeal admissible and shall set the date of the appellate hearing.

5. The appellate hearing shall be held within 1 month of the appeal being declared admissible.

6. The appellate court shall deliver its judgment within 2 months of the appeal being declared admissible.

7. The court hearing the appeal shall be entitled, within 2 weeks of the appeal being declared admissible, to consider without an oral hearing a party's appeal in cases of crimes of a less serious category, as well as an appeal solely concerning the reduction of punishment. The court shall be entitled to reduce the imposed punishment without an oral hearing by not more than one fourth.

8. The appellant shall have the right to withdraw his/her appeal before the delivery of the summary decision. In such a case, the appellate court shall be entitled, without an oral hearing, to issue a ruling leaving the appeal unexamined, which shall be final and not subject to appeal. Re-submission of the appellate appeal shall be inadmissible.

Article 296. Appearance of Parties🔗

1. A convicted prisoner shall have the right to request, by appellate appeal, direct participation in the appellate proceedings, on which the court hearing the appellate appeal shall decide.

2. If the appellant fails to appear at the appellate hearing for an unjustified reason, the appellate court shall, by ruling, leave his/her appellate appeal unexamined. The ruling shall be final and not subject to appeal.

Article 297. Appellate hearing🔗

An appeal shall be considered in accordance with the norms in force at the time of the substantive examination of the case in the court of first instance, with the following changes:

a) the appellant shall make the opening and closing statements first, and thereafter the opposing party;

b) the burden of proving the unlawfulness and/or groundlessness of the judgment shall be imposed on the appellant;

c) when a case is considered by way of appeal, only new evidence submitted to the appellate court may be examined, while all evidence examined in the court of first instance shall be deemed to have been examined, except where the evidence was examined in material violation of law and a party files a motion to re-examine such evidence;

d) on the basis of a party's motion, by a decision of the court, new evidence may be examined in the appellate court if the author of the motion substantiates that it is of particular importance for substantiating his/her position and that its submission during the consideration of the case in the court of first instance was objectively impossible;

e) the examination of evidence shall not go beyond the scope of the appeal and its response;

f) the rule of examination of evidence established by this Article shall not apply to those criminal cases in which the court of first instance delivered a judgment in the absence of the accused, except where, in accordance with the request of the convicted person, the case is considered by way of appeal without his/her participation;

g) an appeal shall be considered within the scope of the appeal and its response.

(The normative content of subparagraph „g“ of Article 297, which excludes the possibility of the appellate court going beyond the scope of the appeal in a case where a person is repeatedly convicted for the same crime, was declared invalid) - Decision of the Constitutional Court of Georgia No. 3/1/608,609 of 29 September 2015 - website, 13.10.2015.

Law of Georgia No. 3616 of 24 September 2010 - LHG I, No 50, 24.09.2010, Art. 328

Decision of the Constitutional Court of Georgia No. 3/1/608,609 of 29 September 2015 - website, 13.10.2015.

Article 298. Appellate judgment and reversal for the worse🔗

1. By judgment, the appellate court adopts one of the following decisions:

a) annuls the conviction judgment of the court of first instance and, in its place, delivers an acquittal judgment;

b) annuls the acquittal judgment of the court of first instance and, in its place, delivers a conviction judgment;

c) introduces a change into the judgment of the court of first instance;

d) leaves the judgment of the court of first instance unchanged and refuses to satisfy the appeal.

2. The judgment of the appellate court changes the judgment rendered by the court of first instance.

3. The appellate court shall not be entitled to deliver a conviction judgment instead of an acquittal judgment, to apply a stricter article of the Criminal Code of Georgia, to impose a stricter punishment, to order compulsory treatment of a person suffering from drug addiction or to extend the term of compulsory treatment, or to adopt another decision unfavourable to the convicted person, if the case is examined on the basis of an appeal by the convicted person or his/her lawyer and the prosecution has not filed an appeal.

4. The appellate court is entitled to deliver a conviction judgment instead of an acquittal judgment, to apply a stricter article of the Criminal Code of Georgia, to impose a stricter punishment, to order compulsory treatment of a person suffering from drug addiction or to extend the term of compulsory treatment, or otherwise to worsen the situation of the convicted person, if the prosecution has filed an appeal precisely with this request and if it held such a position in the court of first instance.

Law of Georgia of 16 April 2025 No. 500 – website, 17.04.2025.

Article 299. Revision ground of the appeal🔗

If an appeal is filed by the convicted person and the court satisfies it in whole or in part, the appellate court shall be obliged to consider also in respect of another person convicted in this case by the judgment, who has not filed an appeal.

Article 300. General Provisions🔗

1. A judgment rendered by the Criminal Cases Chamber of the Court of Appeal may be appealed by way of cassation, which, in the opinion of the cassation appellant, is unlawful. A judgment is unlawful if:

a) the Criminal Procedure Code of Georgia was substantially violated, which was not revealed by the court of first instance or the Court of Appeal, or which it committed during the consideration of the case and the adoption of the judgment;

b) the act of the convicted person was given an incorrect qualification;

c) such a type or measure of punishment was applied as clearly fails to correspond to the nature of the act and the personality of the convicted person;

d) compulsory treatment of a person suffering from drug addiction was ordered, or a term of compulsory treatment was determined which clearly fails to correspond to the nature and severity of the disease.

2. The right to file a cassation complaint is vested in the prosecutor, the superior prosecutor, the convicted person and/or his/her defence lawyer.

2¹. The right to file a cassation complaint is also vested in the person provided for by subparagraph „b“ of paragraph 1 of Article 165⁴ of this Code, in the part concerning the imposition of the obligation to pay compensation to the victim with the property provided for by the same subparagraph.

3. A convicted person in respect of whom a guilty judgment of the Court of Appeal was rendered without his/her participation has the right to appeal the judgment within 1 month: from arrest; or from the moment of appearance before the appropriate authorities; or from the pronouncement of the judgment of the Court of Appeal, if the convicted person requests consideration of the cassation complaint without his/her participation.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013

Law of Georgia of 16 April 2025 No. 500 – website, 17.04.2025

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025

Article 301. Form of Cassation Complaint🔗

1. In the cassation complaint, the cassation appellant shall explain to what extent he/she appeals the judgment and to what extent he/she requests its annulment or modification, and shall also substantiate his/her claim.

2. The cassation complaint shall indicate:

a) the name of the court to which the complaint is filed;

b) data on the person filing the complaint (name and surname, place of residence, procedural status);

c) the appealed judgment, the court that rendered it and the date of rendering;

d) in the opinion of the complainant, which legal issue was decided unlawfully and what confirms this;

e) additionally submitted materials.

3. The cassation complaint may also indicate the inconsistency of the appealed judgment with the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols and with the precedents of the European Court of Human Rights on a similar legal issue.

Law of Georgia of 18 October 2022 No. 1918 – website, 24.10.2022

Article 302. Filing a cassation appeal🔗

1. A cassation appeal shall be filed with the court delivering the judgment within 1 month from its pronouncement.

2. As many copies of the cassation appeal shall be filed with the court delivering the judgment as are necessary for that court to transmit it to the party.

3. The court shall send a copy of the cassation appeal to the other party no later than 5 days, so that it may submit a response to the appeal. The other party shall submit the response to the court no later than 5 days from receipt of the copy of the appeal.

4. The cassation appellant shall be entitled to receive from the court a copy of the response to the appeal.

5. The case, the appeal and its response shall be sent from the appellate court to the Supreme Court of Georgia.

Article 303. Decision on the Admissibility of a Cassation Appeal🔗

1. If the appeal does not comply with the requirements of paragraph 2 of Article 301 of this Code, the Court of Cassation, by ruling and without an oral hearing, shall grant the cassation appellant a 5-day period necessary to remedy the defect in the appeal. If the cassation appellant fails to comply with the said requirement, the Court of Cassation, by ruling and without an oral hearing, shall leave the appeal unexamined. The ruling is final and not subject to appeal.

2. (removed – 8 February 2017, No. 260).

3. A cassation appeal is admissible if the cassation appellant substantiates that:

a) the case involves a legal problem the resolution of which will contribute to the development of law and the establishment of uniform judicial practice;

b) the Supreme Court of Georgia has not previously rendered a judgment on a similar legal issue;

c) as a result of the consideration of the cassation appeal, in the given case it is likely that a judgment differing from the previous practice of the Supreme Court of Georgia on a similar legal issue will be rendered;

d) the judgment of the appellate court differs from the previous practice of the Supreme Court of Georgia on a similar legal issue;

e) the appellate court considered the case with a significant violation of the norms of substantive and/or procedural law, which could have substantially affected the outcome of the case;

f) the judgment of the appellate court contradicts, on a similar legal issue, the Convention for the Protection of Human Rights and Fundamental Freedoms and/or its additional protocol(s) and the case law of the European Court of Human Rights;

g) the cassation appellant is a minor convicted person.

3¹. The Court of Cassation shall verify whether the cassation appeal is admissible in accordance with the requirements established by paragraph 3 of this Article. If the cassation appeal meets the said requirements, it shall be declared admissible.

3². The Court of Cassation is entitled to verify the admissibility of the cassation appeal without an oral hearing.

3³. The court issues a reasoned ruling on declaring the cassation appeal inadmissible. This ruling shall contain a reasoned rejection of the grounds for admissibility indicated by the cassation appellant.

4. The ruling of the Court of Cassation on declaring the appeal inadmissible is final and not subject to appeal. Within 5 days from the issuance of the ruling on declaring the cassation appeal inadmissible, the court shall notify the parties in writing, and if the prosecutor's cassation appeal has been declared inadmissible, also the superior prosecutor.

5. If the Court of Cassation, by ruling, considers the appeal admissible, it shall set the date of the cassation hearing. The cassation hearing shall be held within 1 month from the declaration of the appeal as admissible.

6. The Court of Cassation is entitled to consider the case without an oral hearing.

7. The cassation appellant is entitled to withdraw his/her appeal before the delivery of the final judgment. In such a case, the Court of Cassation is authorized, without an oral hearing, to issue a ruling on leaving the appeal without consideration, which is final and shall not be subject to appeal. The repeated filing of the appeal is inadmissible.

8. In the Court of Cassation, a final judgment on a cassation appeal shall be delivered no later than 6 months from the entry of the case and the appeal in the Court of Cassation.

Law of Georgia of 8 February 2017 No. 260 – website, 13.02.2017.

Law of Georgia of 18 October 2022 No. 1918 – website, 24.10.2022.

Article 304. Transfer of a case to the Grand Chamber🔗

The panel of the Chamber of Criminal Cases of the Supreme Court of Georgia hearing the case may, by ruling, transfer the case to the Grand Chamber for consideration if:

a) the consideration and resolution of the case is of particular importance for the establishment of uniform judicial practice;

b) the case, by its content, presents a rare legal problem.

Article 304¹. Application to the European Court of Human Rights for an advisory opinion🔗

1. The Court of Cassation is entitled, after the entry of the case and the appeal in the Court of Cassation, to apply to the European Court of Human Rights for an advisory opinion on those principal issues related to the case which concern the interpretation or application of the rights and freedoms provided for by the Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols.

2. The Court of Cassation shall substantiate the request for application to the European Court of Human Rights for an advisory opinion and shall submit to the European Court of Human Rights the relevant legal and factual circumstances related to the case.

3. The Court of Cassation shall notify the parties of the application to the European Court of Human Rights for an advisory opinion.

4. An advisory opinion of the European Court of Human Rights is not binding.

5. From the application by the Court of Cassation to the European Court of Human Rights for an advisory opinion until the receipt of the advisory opinion, the running of the time limit provided for by paragraph 8 of Article 303 of this Code shall be suspended.

Law of Georgia of 29 May 2015 No. 3668 – website, 05.06.2015.

Article 305. Appearance of the parties🔗

1. A convicted prisoner is entitled to request, by cassation appeal, direct participation in the cassation proceedings, on which the court hearing the cassation appeal shall decide.

2. If the cassation appellant fails to appear at the cassation hearing for an unjustified reason, the Court of Cassation shall, by ruling, leave his/her cassation appeal without consideration. The ruling is final and shall not be subject to appeal.

Article 306. Cassation hearing🔗

1. The presiding judge of the hearing establishes that the parties have appeared at the hearing.

2. Then the parties make submissions. Initially the floor is given to the cassation appellant.

3. The burden of proving the unlawfulness of the judgment is imposed on the cassation appellant.

4. The cassation appeal is considered within the scope of the appeal and its response.

(The normative content of paragraph 4 of Article 306, which excludes the possibility of the cassation court to go beyond the scope of the cassation appeal and to release a person from liability in the case where a law adopted after the commission of the act decriminalises the act, was declared invalid) -

Decision of the Constitutional Court of Georgia No. 3/1/608,609 of 29 September 2015 - website, 13.10.2015.

5. After the parties' submissions, the right of reply is exercised first by the cassation appellant, and then by the opposing party.

6. If the convicted (acquitted) person attends the hearing, his right to the final word is guaranteed.

7. The presiding judge of the hearing sets a reasonable time limit for the party to make submissions and for the reply.

8. The presiding judge of the hearing has no right to determine the duration of the party's final word, but he may stop the person if he addresses a circumstance that has no connection with the case under consideration.

Decision of the Constitutional Court of Georgia No. 3/1/608,609 of 29 September 2015 - website, 13.10.2015.

Article 307. Cassation judgment🔗

1. By judgment, the cassation court adopts one of the following decisions:

a) annuls the conviction judgment of the appellate court and instead delivers an acquittal judgment;

b) annuls the acquittal judgment of the appellate court and instead delivers a conviction judgment;

c) introduces a change into the judgment of the appellate court;

d) leaves the judgment of the appellate court unchanged and refuses to grant the cassation appeal.

2. The judgment of the cassation court changes the judgment delivered by the appellate court.

3. The judgment of the cassation court is final and not subject to appeal.

Article 308. Reversal to the Worse🔗

1. The cassation court shall not have the right to render a guilty verdict instead of an acquittal, to apply a stricter article of the Criminal Code of Georgia, to impose a stricter punishment, to order compulsory treatment of a person suffering from drug addiction or to extend the term of compulsory treatment, or to adopt another decision unfavourable to the convicted person, if the case is examined on the basis of a complaint of the convicted person or his/her defence lawyer and the prosecution has not filed a complaint.

2. The cassation court shall have the right to render a guilty verdict instead of an acquittal, to apply a stricter article of the Criminal Code of Georgia, to impose a stricter punishment, to order compulsory treatment of a person suffering from drug addiction or to extend the term of compulsory treatment, or to worsen the situation of the convicted person in another way, if the prosecution has filed a cassation complaint with precisely this request and if it held such a position in the courts of first instance and appeal.

Law of Georgia of 16 April 2025 No. 500 – website, 17.04.2025.

Article 309. Revision Basis of a Cassation Complaint🔗

If the cassation court, on the basis of a complaint of the convicted person, quashes or alters the judgment in his/her favour on the ground that the law was violated in applying the criminal law and this legal error by the judgment also affects another person convicted in this case, who has not filed a cassation complaint, the cassation court shall also deliberate in respect of this convicted person.

Article 310. Grounds for review of a judgment due to newly discovered circumstances🔗

A judgment shall be reviewed due to newly discovered circumstances if:

a) it is established by a judgment of a court that has entered into legal force that the evidence which served as the basis for the judgment subject to review is false;

b) there exists a circumstance indicating the unlawful composition of the court that delivered the judgment that has entered into legal force, or the inadmissibility of the evidence which served as the basis for the judgment subject to review;

c) it is established by a judgment of a court that has entered into legal force that a judge, a prosecutor, an investigator, a juror or another person in relation to a juror committed a crime in connection with this case;

d) there exists a decision of the Constitutional Court of Georgia which declared unconstitutional the criminal law applied in this case;

e) there exists a decision (ruling) of the European Court of Human Rights that has entered into legal force which established a violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms or of its Protocols in connection with this case, and the judgment subject to review is based on this violation;

e¹) there exists a decision of the United Nations Human Rights Committee, the Committee on the Elimination of All Forms of Discrimination against Women, the Committee on the Rights of the Child, the Committee against Torture, the Committee on the Rights of Persons with Disabilities or the Committee on the Elimination of Racial Discrimination (hereinafter – the Committee) by which a violation of the founding convention of the Committee was established in connection with this case, and the judgment subject to review is based on this violation;

f) a new law abolishes or mitigates criminal liability for the act for the commission of which the person was convicted by the judgment subject to review;

g) a new fact or evidence is presented which was not known at the time of delivery of the judgment subject to review and which, by itself or together with another established circumstance, proves the innocence of the convicted person or his commission of a less serious or a more serious crime than that for which he was convicted, and also proves the guilt of the acquitted person or the commission of the crime by the person in respect of whom the criminal prosecution was terminated;

g¹) a resolution of the prosecutor is presented concerning a substantial violation of his right in the course of the criminal proceedings against the convicted person, which was not known at the time of delivery of the judgment subject to review and which, by itself and/or together with another established circumstance, proves the innocence of the convicted person or his commission of a less serious crime than that for which he was convicted;

h) there exists a ruling of the Court of Appeal which declared unlawful the covert investigative action as a result of which the evidence that served as the basis for the judgment was obtained;

i) (removed - 16.10.2025, No. 984).

Law of Georgia of 28 October 2011 No. 5170 - website, 11.11.2011.

Georgia

Law of 27 March 2012 No. 5925 – website, 19.04.2012.

Law of Georgia of 1 August 2014 No. 2634 – website, 18.08.2014.

Law of Georgia of 27 April 2016 No. 5011 – website, 13.05.2016.

Law of Georgia of 24 June 2016 No. 5576 – website, 12.07.2016.

Law of Georgia of 22 December 2016 No. 200 – website, 29.12.2016.

Law of Georgia of 31 May 2023 No. 2992 – website, 13.06.2023.

Law of Georgia of 3 September 2025 No. 954 – website, 05.09.2025.

Law of Georgia of 16 October 2025 No. 984 – website, 17.10.2025.

Article 311. Time limit for review of a judgment due to newly discovered circumstances🔗

The time limit for review of a judgment due to newly discovered circumstances is unlimited, except for the cases provided for by subparagraphs „e“ and „e1“ of Article 310 of this Code. A person is entitled, on the ground specified in subparagraph „e“ of Article 310 of this Code, to apply to the court with a request for review of a judgment due to newly discovered circumstances within 1 year from the entry into legal force of a judgment (ruling) of the European Court of Human Rights, and on the ground specified in subparagraph „e1“ of Article 310 of this Code, with a request for review of a judgment due to newly discovered circumstances − within 1 year from the adoption of a decision of the relevant committee.

Law of Georgia

of 27 March 2012 No. 5925 – website, 19.04.2012.

Law of Georgia of 27 April 2016 No. 5011 – website, 13.05.2016.

Article 312. Filing of an application for review of a judgment due to newly discovered circumstances🔗

1. An application for review of a judgment due to newly discovered circumstances shall be filed in writing with the appellate court according to jurisdiction.

2. The right to file an application for review of a judgment due to newly discovered circumstances shall be vested in the prosecutor, the convicted person and/or his/her defence lawyer, and in the event of the death of the convicted person – in his/her legal heir and/or his/her defence lawyer.

2¹. In order to file an application for review of a judgment due to newly discovered circumstances, the convicted person and/or his/her defence lawyer, and in the event of the death of the convicted person – his/her legal heir and/or his/her defence lawyer, shall be entitled to receive free of charge certified copies of the evidence and materials of the criminal case in respect of which a resolution of the prosecutor has been adopted concerning a substantial violation of his/her right in the course of the criminal proceedings conducted in respect of the convicted person.

3. The application shall state the ground for review of the judgment and the evidence.

4. The filing of an application shall not suspend the enforcement of the judgment.

Law of Georgia of 14 June 2013 No. 741 – website, 27.06.2013.

Law of Georgia of 24 June 2016 No. 5576 – website, 12.07.2016.

Article 313. Examination of the admissibility and substantiation of a motion🔗

1. Within 2 weeks from the filing of a motion for review of a judgment due to newly discovered circumstances, the court, without an oral hearing, verifies whether the motion has been filed in accordance with the requirements of this Code and to what extent it is substantiated.

2. If the motion has not been filed in accordance with the requirements of this Code or is unsubstantiated, the court, without an oral hearing, by ruling declares it inadmissible. A cassation appeal may be filed against the ruling in the manner established by this Code, within 2 weeks from its issuance.

3. The cassation court considers the appeal without an oral hearing, without examining its admissibility. The cassation court is entitled to leave the ruling of the appellate court in force or to revoke it and instruct the appellate court to admit the motion.

(was declared invalid:

a) the normative content of the first paragraph and of the first sentence of the 2nd paragraph of Article 313 of the Criminal Procedure Code of Georgia, which:

a.a) permits the declaration of the motion of the convicted person/his or her lawyer as inadmissible without an oral hearing in the case where the examination of the motion requires the court to investigate and establish factual circumstances;

a.b) excludes the possibility for the court, where necessary, to examine the admissibility and substantiation of the motion by an oral hearing.

b) the normative content of the 3rd paragraph of Article 313 of the Criminal Procedure Code of Georgia, which excludes the possibility for the court, where necessary, to consider a cassation appeal by an oral hearing) - Decision of the Constitutional Court of Georgia of 15 July 2021 No. 2/2/1428 – website, 19.07.2021.

4. If the motion has been filed in accordance with the requirements of this Code and is substantiated, the court, without an oral hearing, by ruling admits it, sets the date for the substantive consideration of the case and gives the parties a reasonable time to prepare for the substantive consideration of the case.

Decision of the Constitutional Court of Georgia of 15 July 2021 No. 2/2/1428 – website, 19.07.2021.

Article 314. Court hearing due to newly discovered circumstances. Judgment🔗

1. The substantive consideration of the case is conducted in the appellate court in accordance with the norms in force at the time of the substantive consideration of the case. The appellate court is entitled to consider the case without an oral hearing.

2. As a result of the substantive consideration of the case, the court either leaves the judgment unchanged, or alters it, or revokes it and delivers a new judgment.

3. A cassation appeal shall be filed against the judgment of the appellate court in the manner established by this Code.

4. The cassation court considers the appeal in the manner established by this Code, without examining its admissibility.

Law of Georgia of 7 December 2010 No. 3891 - LHG I, No. 67, 09.12.2010, Art. 418

Article 314¹. Issuance of compensation on the basis of a decision of the Committee🔗

A person is entitled to apply to the court, on the basis of a decision of the Committee on the payment of compensation by the State, with a request for the issuance of monetary compensation. The court shall determine the amount of compensation taking into account the gravity of the human rights violation and other objective factors. A claim for the receipt of monetary compensation shall be considered in accordance with the procedure established by the Administrative Procedure Code of Georgia.

Law of Georgia of 27 April 2016 No. 5011 – website, 13 May 2016.

Article 315. (removed)🔗

Law of Georgia of 12 June 2015 No. 3715 – website, 24 June 2015.

Article 316. (removed)🔗

Law of Georgia of 12 June 2015 No. 3715 – website, 24 June 2015.

Article 317. (removed)🔗

Law of Georgia of 12 June 2015 No. 3715 – website, 24 June 2015.

Article 318. (removed)🔗

Law of Georgia of 12 June 2015 No. 3715 – website, 24 June 2015.

Article 319. (removed)🔗

Law of Georgia of 12 June 2015 No. 3715 – website, 24 June 2015.

Article 320. (removed)🔗

Law of Georgia of 12 June 2015 No. 3715 – website, 24 June 2015.

Article 321. (removed)🔗

Law of Georgia of 12 June 2015 No. 3715 – website, 24 June 2015.

Article 322. (removed)🔗

Law of Georgia of 12 June 2015 No. 3715 – website, 24 June 2015.

Article 323. (removed)🔗

Law of Georgia of 12 June 2015 No. 3715 – website, 24 June 2015.

Article 324. (removed)🔗

Law of Georgia of 12 June 2015 No. 3715 – website, 24 June 2015.

Article 325. Operation of the norms of the Code in respect of a legal entity🔗

1. In order to impose criminal liability on a legal entity, criminal proceedings shall be conducted in accordance with the general rule established by this Code and in accordance with this Chapter. The norms of this Code shall apply to legal entities taking into account their content.

2. For the purposes of this Chapter, a legal entity means an entrepreneurial (commercial) or non-entrepreneurial (non-commercial) legal entity (its legal successor).

Article 326. Application of measures of criminal procedural coercion and other restrictions in respect of a legal entity🔗

From the moment of the initiation of criminal proceedings against a legal entity until the entry into legal force of a court's conviction judgment or the termination of criminal prosecution, the conduct of liquidation or reorganisation-related procedures in respect of the legal entity shall be inadmissible.

Article 327. Sending a case to court for imposing criminal liability on a legal entity🔗

Upon taking a decision on sending a case to court for imposing criminal liability on a legal entity, the prosecutor notifies the lawyer of the legal entity and explains to him his right to review the case materials. The procedure for reviewing the case materials is determined by the relevant articles of this Code.

Article 328. Publication of a court judgment rendered against a legal entity🔗

1. A guilty judgment rendered against a legal entity that has entered into legal force shall be published. The judgment shall be published at the expense of the convicted legal entity.

2. The court is entitled to determine in what form the judgment shall be published. When publishing the judgment, disclosure of the identity of the victim shall be permissible only with his consent.

Article 329. Invalid normative act🔗

1. Upon the entry into force of this Code, the Criminal Procedure Code of Georgia of 20 February 1998 (Parliamentary Gazette, No 13-14, 8.04.1998, p. 31) shall be declared invalid.

2. Procedural judgments adopted before the entry into force of this Code shall retain legal force.

3. In criminal prosecution cases initiated before the entry into force of this Code, the criminal proceedings shall continue in accordance with the procedure established by the Criminal Procedure Code of Georgia of 20 February 1998, except for the cases of application of diversion provided for by Articles 168¹

and 168²

of the same Code.

(The normative content of paragraph 3 that prohibits the possibility of applying the maximum 9-month period of being an accused before the pre-trial hearing provided for by this Code in criminal prosecution cases initiated before the entry into force of this Code has been declared invalid)

(The normative content of paragraph 3 that prohibits the possibility of hearing a case with the participation of jurors provided for by this Code in criminal prosecution cases initiated before the entry into force of this Code has been declared invalid) -

Decision of the Constitutional Court of Georgia of 13 November 2014 No 1/4/557,571,576 – website, 26.11.2014.

3¹. If criminal prosecution against an accused was initiated before the entry into force of this Code and the running of the period of being an accused has been or was suspended in respect of him, the criminal proceedings shall continue in accordance with the procedure established by the Criminal Procedure Code of Georgia of 20 February 1998 (except for the suspension of the running of the period of being an accused provided for by paragraph 5 of Article 75). In such a case, the period of being an accused before referring the case to court is 9 months. The running of this period shall continue from 1 May 2015. The period during which the running of the period of being an accused was suspended shall not be counted in the said period.

4. (Removed - 24.09.2010, No 3616).

Law of Georgia of 24 September 2010 No 3616 - LHG I, No 50, 24.09.2010, Art. 328

Law of Georgia of 25 November 2011 No 5352 - website, 05.12.2011.

Decision of the Constitutional Court of Georgia of 13 November 2014 No 1/4/557, 571,576 – website, 26.11.2014.

Law of Georgia of 30 April 2015 No 3520 - website, 30.04.2015.

Article 330. Temporary jurisdiction of the jury court🔗

1. Until 1 October 2011, the jury court shall operate only in Tbilisi City Court and shall consider the criminal cases of the crime (only completed) provided for by Article 109 of the Criminal Code of Georgia, assigned to its territorial jurisdiction. In the case of a combination of crimes, if a person is also charged with the commission of the crime (only completed) provided for by Article 109 of the Criminal Code of Georgia, the criminal case shall be considered by the jury court in accordance with the procedure established by this Code.

1¹. From 1 October 2011 until 1 October 2012, the jury court shall operate only in Tbilisi City Court and shall consider the criminal cases of the crime provided for by Article 109 of the Criminal Code of Georgia, assigned to its territorial jurisdiction. In the case of a combination of crimes, if a person is also charged with the commission of the crime provided for by Article 109 of the Criminal Code of Georgia, the criminal case shall be considered by the jury court in accordance with the procedure established by this Code.

2. From 1 October 2012 until 1 January 2017, the jury court in Tbilisi City Court shall consider the criminal cases of the crimes provided for by Articles 110–114 of the Criminal Code of Georgia, assigned to its territorial jurisdiction. In the case of a combination of crimes, if a person is also charged with the commission of the crime provided for by Articles 110–114 of the Criminal Code of Georgia, the criminal case shall be considered by the jury court in accordance with the procedure established by this Code.

3. From 1 October 2012 until 1 January 2017, the cases of the crime provided for by Article 109 of the Criminal Code of Georgia shall be considered with the participation of jurors, as a court of first instance, by Tbilisi and Kutaisi City Courts. In the case of a combination of crimes, if a person is also charged with the commission of the crime provided for by Article 109 of the Criminal Code of Georgia, the criminal case shall be considered by the jury court in accordance with the procedure established by this Code.

3¹. (Removed - 19.02.2015, No. 3090).

4. For the purposes of paragraph 3 of this Article, the rule of territorial jurisdiction of Tbilisi and Kutaisi City Courts shall be determined by the High Council of Justice of Georgia, and jurors shall be selected accordingly from the unified list of citizens who have attained the age of 18 of the State Services Development Agency.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 2² May 2012 No. 6253 – website, 29.05.2012

Law of Georgia of 25 May 2012 No. 6317 - website, 19.06.2012

Law of Georgia of 18 January 2013 No. 205 - website, 28.01.2013

Law of Georgia of 18 September 2014 No. 2663 - website, 25.09.2014

Law of Georgia of 19 February 2015 No. 3090 - website, 06.03.2015

Law of Georgia of 24 June 2016 No. 5591 - website, 13.07.2016

Article 331. (invalid from 1 October 2012 pursuant to paragraph 3 of Article 333 of this Code)🔗

Article 332. Temporary rule of interrogation during investigation🔗

1. Until 20 February 2016, during investigation, interrogation shall be conducted in accordance with the procedure established by the Criminal Procedure Code of Georgia of 20 February 1998 (except paragraph 6 of Article 305).

2. In the case provided for by paragraph 1 of this Article, when interrogating a person, paragraph 3 of Article 243 of this Code shall be applied, including in a case in which criminal prosecution was initiated before the entry into force of this Code.

3. Until 1 January 2017, during the investigation of the crimes provided for by Articles 315, 324, 324¹, 329¹–330², 331 and 331¹ of the Criminal Code of Georgia, interrogation shall be conducted in accordance with the procedure established by paragraphs 1 and 2 of this Article.

4. Until 30 June 2019, during the investigation of the crimes provided for by Articles 323–323² and 325–329 of the Criminal Code of Georgia, interrogation shall be conducted in accordance with the procedure established by paragraphs 1 and 2 of this Article.

5. In the case of a combination of crimes, if a person is also charged with the commission of the crime/crimes provided for by paragraph 3 or 4 of this Article, during the investigation, interrogation shall be conducted in accordance with the procedure established by paragraphs 1 and 2 of this Article.

Law of Georgia of 24 September 2010 No. 3616 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia of 2² May 2012 No. 6253 – website, 29.05.2012

Law of Georgia of 18 January 2013 No. 205 - website, 28.01.2013

Law of Georgia of 24 July 2013 No. 848 - website, 09.08.2013

Law of Georgia of 26 December 2013 No. 1872 - website, 31.12.2013

Law of Georgia of 16 December 2015 No. 4643 - website, 17.12.2015

Law of Georgia of 18 December 2015 No. 4677 - website, 29.12.2015

Law of Georgia of 23 December 2017 No. 1893 – website, 28.12.2017

Law of Georgia of 22 December 2018 No. 4108 – website, 25.12.2018

Article 332¹. Additional grounds for review of a judgment due to newly discovered circumstances🔗

1. Along with the grounds listed in Article 310 of this Code, a judgment shall be reviewed due to newly discovered circumstances also if paragraph 8 of Article 414 of the Criminal Code of Georgia leads to the improvement of the convicted person's situation.

2. Along with the grounds listed in Article 310 of this Code, a judgment shall be reviewed due to newly discovered circumstances in respect of a convicted person deemed to be a person imprisoned on political grounds or a person persecuted on political grounds by Resolution No. 76-Is of 5 December 2012 of the Parliament of Georgia "On Persons Imprisoned on Political Grounds and Persons Persecuted on Political Grounds", if this judgment was rendered before the adoption of the said Resolution and the relevant motion is submitted to the court before 1 July 2018.

3. If the Court of Appeals declared admissible the motion provided for by paragraph 2 of this Article, or the Supreme Court quashed the ruling of the Court of Appeals on declaring the said motion inadmissible and instructed the Court of Appeals to declare this motion admissible, the Court of Appeals shall consider the case in accordance with the norms established by the Court of Appeals for the substantive hearing of the case. The Court of Appeals shall consider the case by oral hearing.

Law of Georgia No. 547 of 17 April 2013 – website, 08.05.2013.

Law of Georgia No. 5443 of 22 June 2016 – website, 29.06.2016.

Law of Georgia No. 1047 of 16 June 2017 – website, 28.06.2017.

Article 332². (Removed)🔗

Law of Georgia No. 893 of 29 July 2013 – website, 20.08.2013.

Law of Georgia No. 5390 of 8 June 2016 – website, 17.06.2016.

Article 332³. Entry into force of the two-stage electronic system for conducting covert investigative actions🔗

The Ministry of Internal Affairs of Georgia shall, before 31 March 2015, ensure the implementation of the technical-organizational measures necessary for the functioning of the two-stage electronic system for conducting covert investigative actions and the creation of the corresponding software tool.

Law of Georgia No. 2870 of 30 November 2014 – website, 30.11.2014.

Article 332⁴. Legal regulation in the transitional period relating to persons declared incapable by a court before 1 April 2015🔗

For the purposes of this Code, before 1 April 2015, the guardian of a person declared incapable by a court shall be considered his/her legal representative until an individual assessment of the incapable person is carried out.

Law of Georgia No. 3358 of 20 March 2015 – website, 31.03.2015.

Article 332⁵. Temporary rule for holding the respective court hearing until 1 January 2023🔗

1. Until 1 January 2023, in the event of a pandemic and/or the existence of a threat of the spread of an epidemic especially dangerous to public health, a court hearing provided for by the criminal procedure legislation of Georgia may, by a court judgment, be held remotely, using electronic means of communication, if:

a) the accused/convicted/acquitted person consents;

b) detention has been applied to the accused as a measure of restraint, the convicted person has been sentenced to imprisonment as a punishment, and/or the failure to hold a court hearing under this rule may result in the infringement of the public interest in the detection of the crime and the criminal liability of the person.

2. In the case of holding a court hearing under the rule provided for by paragraph 1 of this article, none of the persons participating in it shall have the right to refuse to hold the hearing remotely on the ground of a desire to attend it in person.

Law of Georgia of 22 May 2020 No. 5973 – website, 22.05.2020.

Law of Georgia of 14 July 2020 No. 6779 – website, 14.07.2020.

Law of Georgia of 29 December 2020 No. 38 – website, 29.12.2020.

Law of Georgia of 22 June 2021 No. 675 – website, 24.06.2021.

Law of Georgia of 22 December 2021 No. 1207 – website, 28.12.2021.

Article 333. Entry into force of the Code🔗

1. This Code, except for subparagraph „e“ of Article 310, shall enter into force from 1 October 2010.

2. Subparagraph „e“ of Article 310 of this Code shall enter into force from 1 January 2012.

2¹. The operation of subparagraph „e“ of Article 310 of this Code shall also extend to persons in respect of whom a judgment (ruling) of the European Court of Human Rights was delivered before 1 January 2012 and who, on the basis of newly discovered circumstances, apply to a court with a request for review of the judgment before 1 July 2012.

3. Article 331 of this Code shall be declared invalid from 1 October 2012.

4. (Removed - 24.09.2010, No. 3616).

5. Before this Code enters into force, the Minister of Justice of Georgia shall determine the investigative and territorial investigative jurisdiction provided for by Articles 35–36 of this Code.

6. The right of the defence to file the motion provided for by paragraph 1 of Article 180 of this Code shall enter into force from 1 October 2012.

7. If, by paragraph 1 of Article 182¹ of this Code

the implementation of additional organisational and technical measures is necessary in individual courts in order to fulfil the court's obligation provided for, paragraph 1 of Article 182¹

shall enter into force upon completion of these measures, but not later than 1 June 2013.

8. In criminal cases pending before the court at the moment of entry into force of paragraph 6 of Article 185 of this Code, the court of first instance shall deliver a judgment not later than 36 months after the entry into force of the same paragraph.

9. Paragraphs 6 and 7 of Article 185 of this Code shall enter into force from 1 January 2016.

Law of Georgia No. 3616 of 24 September 2010 - LHG I, No. 50, 24.09.2010, Art. 328

Law of Georgia No. 5170 of 28 October 2011 - website, 11.11.2011

Law of Georgia No. 205 of 18 January 2013 - website, 28.01.2013

Law of Georgia No. 3976 of 8 July 2015 - website, 20.07.2015

President of Georgia Mikheil Saakashvili

Tbilisi,

9 October 2009.

No. 1772–IIs