Contents of request - national law requirements

Republic of Georgia

Georgia - Law on International Cooperation in Criminal Matters 2010 EN

Chapter 2 Provision of legal assistance in criminal cases

Article 6

Forms of request for legal assistance

1.A request for legal assistance shall be prepared in written form and shall, as a rule, include:

a. the name of the competent authority of the state to which the request is sent;

b. the description of factual circumstances of the criminal case and its legal qualification;

c. the content of the article of legislation on the basis of which the relevant criminal proceedings are being conducted, and, where necessary, extracts from other relevant legislative acts;

d. the content of the requested legal assistance;

e. the purpose and the need of the requested legal assistance;

f. as far as possible, accurate identification details of the person with respect to whom the legal assistance is requested;

g. any other necessary data.

2.If the Criminal Procedure Code of Georgia requires a court decision (ruling) to carry out a procedural action, such decision, certified by the signature of the judge and the official seal of the court, shall be attached to the request for legal assistance.

3. The time limits established under Article 112(3) of the Criminal Procedure Code of Georgia shall not be applied when delivering a court decision (ruling) provided for by paragraph 2 of this article.

Rome Statute

Article 96 Contents of request for other forms of assistance under article 93

3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 97 Consultations

Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:

(a) Insufficient information to execute the request;

(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or

(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.