Republic of Georgia

Georgia - Law on International Cooperation in Criminal Matters 2010 EN

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

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.

Chapter 2 Provision of legal assistance in criminal cases

Article 6 (1)

Service of a procedural document

1. Where there are relevant legal grounds, the investigator, prosecutor or the judge (the court) may, through the Ministry of Justice of Georgia or without it, directly serve the court decision or any other procedural document by mail upon the person located in the territory of the foreign state, in a language understandable to that person.

2. The document specified in paragraph 1 of this article shall be accompanied by a written explanation to the effect that the addressee is entitled to be informed of their rights and duties with respect to the service of the document.

3. If a notice to appear before the authority conducting the proceedings is served in accordance with this article upon a person located in the territory of a foreign state, the requirements under Article 7 (3, 4 and 6-10) of this Law shall be complied with.

Chapter 3 Extradition

Article 35

Transfer of physical evidence

1. Unless otherwise provided for by an international or individual agreement of Georgia, the items and/or documents seized from an extraditable person, which can be used as evidence in a criminal case, shall be sent to the competent authority of the requesting state.

2. Items and documents of material value, if they do not belong to the extraditable person, shall be sent only after receiving assurances in respect of safeguarding and returning them to the owner. The assurances shall be given by the requesting authority.

Rome Statute

Article 64 Functions and powers of the Trial Chamber

6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:

(b) Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;

If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.

Article 73 Third-party information or documents

Article 93 Other forms of cooperation

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:

(d) The service of documents, including judicial documents;

(i) The provision of records and documents, including official records and documents;


(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.

(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.

(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.


ARTICLE 7 Inviolability of Archives and Documents

The archives of the Court, and all papers and documents in whatever form, and materials being sent to or from the Court, held by the Court or belonging to it, wherever located and by whomsoever held, shall be inviolable. The termination or absence of such inviolability shall not affect protective measures that the Court may order pursuant to the Statute and the Rules of Procedure and Evidence with regard to documents and materials made available to or used by the Court.