Obligation to cooperate

Republic of Georgia

Georgia - Law on International Cooperation in Law Enforcement 2003 EN

Chapter 1 General Provisions

Article 1

Purpose of the Law

1. The purpose of this Law is to ensure effective cooperation between law enforcement authorities of Georgia and foreign countries, or between law enforcement authorities of Georgia and relevant international organisation bodies in preventing, detecting and suppressing crimes; to define rules and procedures for international cooperation in law enforcement based on bilateral or multilateral international agreements of Georgia; and to create stable legal grounds for such cooperation in the absence of such agreements.

2. International cooperation in law enforcement shall be carried out on the basis of protecting and respecting human rights and freedoms.

Chapter 1 General Provisions

Article 2 Scope of the Law

1. This Law regulates the issues of international cooperation in law enforcement that are related to the exchange of operative investigative information and personal data, implementation of operative investigative measures and other areas within the power of law enforcement authorities of Georgia, in which law enforcement authorities of Georgia cooperate with foreign law enforcement authorities or with relevant international organisation bodies.

2. International cooperation in law enforcement shall be carried out for preventing, detecting, or suppressing crimes punishable by a minimum of one year of imprisonment according to the Criminal Code of Georgia, unless otherwise provided in international agreements of Georgia.

3. International cooperation in law enforcement shall be carried out only if the action, for which the assistance is requested, is punishable under both the criminal legislation of Georgia and the legislation of the foreign countries, regardless of whether it falls in the same or different categories of crime in the legislation of Georgia and the legislations of the foreign countries, or whether it is or is not considered under the same category in such legislation.

4. This Law shall not regulate:

a. International cooperation in law enforcement carried out within the framework of International Criminal Police Organisation (Interpol)

b. the relationships regulated by the Law of Georgia on International Cooperation in Law Enforcement

c. the relationships regulated by the Law of Georgia on the Cooperation of Georgia with the International Criminal Court.

5. When carrying out measures in law enforcement within the framework of international collaboration that require necessary consent or permission from the Prosecutor’s Office of Georgia or the Common Courts of Georgia, such collaboration shall be carried out after obtaining necessary consents or permissions, as determined by the legislation of Georgia.

6. In the case provided for by the fifth paragraph of this article, cooperation results may not be presented as evidence to respective foreign law enforcement authorities unless a request for legal assistance concerning this issue is prepared.

Rome Statute

Article 86 General obligation to cooperate

States Parties shall, in accordance with the provisions of this Statute, cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.