Chapter 2 Provision of legal assistance in criminal cases
Article 5
General procedure for sending a request to a foreign state for rendering legal assistance on criminal cases conducted by competent Georgian authorities and the procedure for its implementation
1. If there arises a need to conduct in the territory of a foreign state a procedural action provided for by the Criminal Procedure Code of Georgia and, at the same time, there are relevant legal grounds, the investigator, prosecutor or the judge (court) may apply with the relevant request to the Ministry of Justice of Georgia.
2. A request for legal assistance in criminal cases conducted by the competent authorities of Georgia shall be executed in accordance with the legislation of the foreign state, except as provided for by paragraph 3 of this article.
3. Unless otherwise provided for by an international or individual agreement of Georgia or the conditions of reciprocity, the Ministry of Justice of Georgia may request the foreign state concerned to apply the legislation of Georgia when executing a request for legal assistance in a criminal case conducted by the competent authorities of Georgia.
4. Where there are relevant legal grounds, the Ministry of Justice of Georgia may request the foreign state concerned to allow the authorised representatives of Georgia to attend the execution of the request for legal assistance in criminal cases conducted by the competent authorities of Georgia.
5.Evidence obtained in the territory of a foreign state in accordance with the relevant legislation shall have the same legal force as evidence obtained in the territory of Georgia.
6.Any property or original documents obtained as a result of the relevant legal assistance shall, after the need expires, be returned to the relevant authority of the foreign state, except where that state refuses to receive it or them back.
7.Information or other material obtained in the territory of a foreign state in accordance with the relevant legislation may not be used for purposes other than the purposes indicated in the request for legal assistance.
8. The information and other material referred to in paragraph 7 of this article may be used for other purposes with the prior consent of the competent authority of the foreign state concerned, in which case an additional request shall be made.
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.
Chapter 2 Provision of legal assistance in criminal cases
Article 7
Summoning a person located in the territory of a foreign state in connection with a criminal case conducted by the competent authorities of Georgia
1. Where there are relevant legal grounds, the investigator, prosecutor or the judge (the court) may make a request, through the Ministry of Justice of Georgia, to summon as the accused, a witness, an expert or as a victim, a person located in the territory of a foreign state in connection with a criminal case being conducted by said investigator, prosecutor or judge.
2. The person referred to in paragraph 1 of this article shall be summoned on the basis of a relevant notice, in the form of a request for legal assistance, which shall be sent to the competent authority of the foreign state.
3. A witness, an expert or a victim summoned in accordance with this article to the territory of Georgia shall be reimbursed for all the expenses related to their travel and stay in the territory of Georgia, as well as to the time spent away from their main work. A summoned expert shall additionally be reimbursed for all the expenses and remuneration related to the performance of his/her professional activities.
4. A notice to summon a witness, an expert or a victim referred to in paragraph 2 of this article, or a request for legal assistance, shall contain the amount of the expenses that are to be reimbursed to the summoned person for their appearance.
5. Unless otherwise provided for by an international or individual agreement of Georgia or the conditions of reciprocity, the foreign state concerned may, upon a prior request of the Ministry of Justice of Georgia, pay to the person to be summoned as a witness, expert or victim a certain amount of money as an advance, which shall subsequently be reimbursed by the competent authorities of Georgia.
6. In the case of a failure of a witness, expert or victim summoned on the basis of paragraph 2 of this article to appear before the body conducting the proceedings, the coercive measures provided for by the Criminal Procedure Code of Georgia may not be applied.
7. The procedure provided for by paragraph 6 of this article shall not be applied if a person voluntarily returns to Georgia and is re-summoned in accordance with legislation.
8. Administrative or criminal liability may not be imposed on a witness, expert or victim summoned on the basis of this article if such person appears before the body conducting the proceedings; they may not be subject to arrest, detention or punishment; nor may their freedom be restricted in any way for any act committed before leaving the territory of the foreign state concerned. No restrictions may by applied to such persons by reason of the testimony or opinion given with respect to the criminal case for which they were summoned.
9. Administrative or criminal liability may not be imposed on a witness, expert or victim summoned on the basis of this article if such person appears before the body conducting the proceedings; they may not be subject to arrest, detention or punishment; nor may their freedom be restricted in any way for an act committed before leaving the territory of the foreign state concerned and that was not indicated in the summons.
10. The procedure provided for by paragraphs 8 and 9 of this article may not be applied if a person who could have left the territory of Georgia, and did not leave the country within 15 days after the necessity of their stay in Georgia had expired, or returned to Georgia after leaving its territory, unless otherwise specified by an international or individual agreement of Georgia or the conditions of reciprocity.
Chapter 2 Provision of legal assistance in criminal cases
Article 8 Requesting information on legal issues from a foreign state and providing such information to the competent authorities of a foreign state
1. Where there are relevant legal grounds, the Ministry of Justice of Georgia may request from a foreign state information on the domestic legislation of that State and on the practice of that legislation.
2. Where there are relevant legal grounds and upon a relevant request, the Ministry of Justice of Georgia may provide to the competent authority of the foreign state information on the legislation of Georgia and on its application.
Chapter 2 Provision of legal assistance in criminal cases
Article 9
Requesting information or materials related to a criminal case from the competent authorities of a foreign state and providing such information to the competent authorities of a foreign state
1. Where there are relevant legal grounds, where necessary, the Ministry of Justice of Georgia shall request information or materials related to a criminal case conducted by them from the competent authorities of a foreign state.
2. Where there are relevant legal grounds, the Ministry of Justice of Georgia may, upon request, provide information or materials obtained during the investigation of the criminal case conducted by the competent authorities of Georgia to the competent authorities of a foreign state.
3. In the case of providing information or materials indicated in paragraph 1 of this article to the competent authorities of a foreign state on its own initiative, the Ministry of Justice of Georgia may impose a restriction on the use of the information or materials provided.
4. The competent authorities of Georgia shall comply with the restrictions established by the competent authorities of a foreign state in relation to the use of information and materials provided by them.
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.
Chapter 2 Provision of legal assistance in criminal cases
Article 12 - Reasons for denying a request for legal assistance
Legal assistance shall not be provided if:
a. the implementation of a request for legal assistance may cause damage to the sovereignty, security, public order or other essential interests of Georgia;
b. the implementation of a request for legal assistance contravenes the legislation of Georgia;
c. a crime, in relation to which legal assistance is requested, is deemed by Georgia as a political or an associated offence. An offence shall not be deemed to be political if the purpose, motive, form, methods and other circumstances of the crime prevail over the political aspects of the crime;
d. the implementation of a request for legal assistance may cause damage to internationally recognised human rights and fundamental freedoms;
e. a crime, in relation to which legal assistance is requested, constitutes a military offence that is not punishable under the criminal legislation of the requesting state, except where otherwise provided for in the international or individual agreements of Georgia or the conditions of reciprocity;
f. the execution of a request for legal assistance may lead to the violation of the non bis in idem principle.
2. Where a request for legal assistance stipulates search, seizure, or property seizure and the relevant legal grounds do not provide otherwise, the request shall be executed only if:
a. the crime with respect to which legal assistance is sought is punishable both under the legislation of the requesting foreign state and of Georgia;
b. the perpetrator of the crime with respect to which legal assistance is sought is subject to extradition under the legislation of Georgia;
c. the execution of the request is consistent with the legislation of Georgia.
3. When a foreign state requests that a person kept in custody in Georgia appear in its territory for the conduct of investigative or judicial actions, the Ministry of Justice of Georgia may deny the foreign state's request for legal assistance if:
a. the detained person objects;
b. the presence of the detained person in Georgia is necessary for the conduct of criminal proceedings against him/her;
c. the transfer of the person kept in custody may prolong his/her detention;
d. there are other circumstances that exclude the transfer of the person kept in custody to the foreign state for the purposes provided for in this paragraph.
4. The Ministry of Justice of Georgia may temporarily deny legal assistance to a foreign state if the legal assistance could prejudice or delay the criminal proceedings conducted in Georgia.
5. In other cases provided for by an international or individual agreement of Georgia or by the conditions of reciprocity, the Ministry of Justice of Georgia may fully or partially deny a request for legal assistance.
6. If the circumstances provided for in this article are identified, the request for legal assistance and the supporting documents shall be returned to the relevant foreign state through the Ministry of Justice of Georgia, with an indication of the reasons for postponing or denying the execution of the request.
7. The Ministry of Justice of Georgia shall, before executing the procedure provided for in paragraph 6 of this article, hold consultations with the relevant foreign state on the partial execution of the request for legal assistance and/or on the execution of the request under certain conditions.
(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.
4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.
(a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.