Chapter V
Surrender of a person to the International Court


Article 27. Issuance of a surrender permit

1. A decision on surrender of a prosecuted person as well as for transfer of items and property holding material value, seized and preserved in a proper manner shall be taken by the Responsible Agency.

2. If the prosecuted person or the Responsible Agency is challenging the jurisdiction of the International Court, issuance of the permit will be delayed until the International Court passes its decision on the matter.

3. If a third party, or victim whose residence is in Georgia requests the exercise of his/its ownership right over the property or items holding material value that are seized to be used as evidence, the above property or item items holding material value may be transferred to the International Court providing the latter undertakes to returned them free of charge upon the completion of proceedings.

Chapter VI
Other Forms of Cooperation


Article 41. Transfer of evidence

1. An object, an item holding material value, documents, written materials and/or any other objects, confiscated for the purpose of substantiation, which under the Statute and the Code of Criminal Procedure of Georgia, could be used as evidence, shall be transferred to the International Court at the letter's request.

2. If a third party, organization or victim whose location is in Georgia requests the protection of his/its property rights over the confiscated objects or other piece of evidence, the object or item may be transferred to the International Court if the latter undertakes to returned it free of charge following the completion of proceedings.

3. The transfer of such property or item may be postponed if it is necessary for ongoing proceedings in Georgia and if the International Court, after consultation, gives its consent thereto.

Chapter VI
Other Forms of Cooperation


Article 42. Confiscation of objects or items holding material value

1. Objects or items holding material value confiscated for securing of evidence may be transferred to the International Court at the latter’s request for the purpose of confiscation, handing in to the Trust Fund established under Article 79 of the Statute or reparation.

2. Objects or items referred to in this Article may be as follows:
a) Instrumentalities of crimes; objects of a criminal conduct.
b) Proceeds of crime, such as money or value obtained, revenue or profits.
c) gift or money that served or was used for commission of a crime and/or was awarded for the commission of a crime;

3. Objects or items holding material value shall be seized and freezed until they are transferred to the International Court or the Responsible Agency notifies the International Court on its refusal to transfer them.

4. Objects or items holding material value shall not be transferred to the International Court if:
a) The victim resides in Georgia and the objects or items holding material value shall be returned to him;
b) Third party has legitimate right over objects or items holding material value;

c) a person who did not participate in the commission of the crime proves that he has acquired the property right over the objects or items holding material value or asset in Georgia or abroad in a bona fide manner and that he resides in Georgia;
d) Objects or items holding material value are necessary for ongoing proceedings or they are subject to expropriation in Georgia.

5. If a person uses his right under paragraph 4 of this Article, the transfer to the International Court of the property or asset shall be postponed until the legal status of the objects or items, holding material value is determined.

Chapter 3 Jurisdiction of the International Court

Article 7

Forwarding evidence and information to the International Court

1.The Responsible Agency shall have the right to forward to the International Court the evidence and information gathered by Georgian prosecution authorities in the course of investigation, if these evidence and information make it possible for the International Court to start prosecution or if they will facilitate the on-going investigation.

Chapter 6 Other Forms of Cooperation

Article 35

Transfer of evidence to other state

1. The International Court may apply to the Responsible Agency with a request for a permit for transferring evidence provided by Georgia to an other state.

2. The Responsible Agency will decide in favor of such a request pursuant to the provisions of this Chapter, if the conduct is within the jurisdiction of the International Court. Where this is not the case, the matter shall be resolved in accordance with International treaties of Georgia relative to legal assistance and the code of criminal Procedure of Georgia.