“On Amnesty”

“On Amnesty”

Law of Georgia

On Amnesty

The State of Georgia, proceeding from the principle of humanism, in the form of a one-time temporary and special measure, taking into account the degree of public danger, on the basis of this Law, reduces the sentence imposed in the form of imprisonment for persons suspected, accused, on trial and convicted of the crimes provided for by the Criminal Code of Georgia (Legislative Herald of Georgia, No. 41(48), 1999, Art. 209).

Article 1🔗

1. The unserved part of the sentence imposed in the form of imprisonment shall be reduced by half for persons convicted under the first paragraph of Article 260 of the Criminal Code of Georgia who committed unlawful acquisition, storage or transportation of a narcotic drug, its analogue or precursor.

2. The unserved part of the sentence imposed in the form of imprisonment shall be reduced by half for persons convicted under Article 273 of the Criminal Code of Georgia.

3. The part of the sentence imposed in the form of imprisonment to be served shall be reduced by half for those persons against whom, at the time of adoption of this Law, criminal prosecution or court proceedings are ongoing in connection with the crimes provided for by paragraphs 1 and 2 of this Article.

Article 2🔗

1. No reduction of additional punishments shall be made on the basis of this Law.

2. The effect of this Law shall extend only to a sentence imposed in the form of imprisonment.

3. The amnesty provided for by this Law shall not extend to a conditional conviction.

Article 3🔗

The amnesty provided for by Article 1 of this Law shall extend only to those persons who committed the relevant crimes before 15 October 2009.

Article 4🔗

1. The bodies conducting criminal proceedings shall adopt procedural decisions on matters of amnesty provided for by this Law without the consent of the suspect, accused, person on trial and convicted person.

2. The decision on the application of the amnesty provided for by this Law in respect of a suspect, accused, person on trial and a convicted person whose proceedings have not been completed shall be adopted by the relevant court. The court shall be entitled to consider the matter provided for by this paragraph without an oral hearing.

3. The decision on the application of the amnesty provided for by this Law in respect of a convicted person whose proceedings have been completed shall be adopted, without an oral hearing, once, by the relevant district (city) court that delivered the initial decision, to which the relevant institution of the Ministry of Corrections, Probation and Legal Assistance of Georgia shall send the convicted person's personal file within 1 week from the entry into force of this Law.

Article 5🔗

1. This Law shall enter into force upon publication.

2. This Law, except for paragraph 3 of Article 1 of this Law, shall be implemented within 2 months from publication.

President of Georgia M. Saakashvili

Tbilisi,

20 November 2009.

No. 2113–IIs