Chapter 2 Provision of legal assistance in criminal cases
Article 11
Execution of request for legal assistance of a foreign state in the territory of Georgia
1. Where there is a relevant legal basis, the Ministry of Justice of Georgia shall ensure the execution of a request of a foreign state for criminal assistance in the territory of Georgia.
2. A request for legal assistance received from a foreign state shall be executed in accordance with the legislation of Georgia.
3. Unless otherwise provided for by an international or individual agreement of Georgia or the conditions of reciprocity, when rendering legal assistance, in the case of a relevant request, the legislation of the requesting foreign state shall also be used if it does not contravene the fundamental principles of the legislation of Georgia.
4. Procedural actions related to the coercion of a person and to the limitation of their constitutional rights and freedoms shall be conducted if they have been authorised by a foreign court or other foreign competent authorities.
5. Where there are relevant legal grounds, the representatives of a foreign state requesting legal assistance may be present during the execution of a request for legal assistance with the prior consent of the Ministry of Justice of Georgia. The Ministry of Justice of Georgia shall satisfy the request if the presence of the interested persons will better meet the requirements of the foreign state and exclude the necessity of additional requests for legal assistance.
6. If the information provided by a foreign state is not sufficient to execute a request for legal assistance, the Ministry of Justice of Georgia may request the foreign state to provide additional information.
7. Materials obtained as a result of legal assistance shall be sent to the foreign state through the Ministry of Justice of Georgia.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.