Article 205 – Detention
1. Detention as a measure of restraint shall be applied only if it is the only means to prevent the accused from:
a) hiding and interfering with the rendering of justice;
b) interfering with the collection of evidence;
c) committing a new crime.
2. The total term of detention of the accused may not exceed nine months. After this period expires, the accused shall be released from the detention. The period of detention of the accused shall be calculated from the moment of his/her arrest, or if the accused has not been arrested, from the moment of enforcement of a court ruling on the selection of this measure of restraint, to the moment when the court of first instance that hears the case on the merits renders the relevant judgment.
(The normative content of Article 205(2) permitting the detention of the accused on a specific criminal case has been declared invalid if after bringing the charges on this case or after revealing sufficient grounds for bringing charges, the total period of time spent by the accused in detention is nine months within the scope of any criminal proceedings instituted against him/her) – Decision of the Constitutional Court of Georgia No 3/2/646 of 15 September 2015 – website, 29.9.2015
3. The term of the detention of the accused before a preliminary hearing shall not exceed 60 days after he/she has been arrested. After this term expires, the accused shall be released from detention, except in the case provided for by Article 208(3) of this Code.
4. Persons accused in the same criminal case shall be placed separately. The administration of the remand prison shall be obliged to take measures to prevent their interaction with each other. By decision of the investigator, the prosecutor or the court, this procedure may also apply to other accused persons.
5. A convicted person may be transferred from a penitentiary institution to a remand prison or be left in a remand prison after a judgment enters into force if this person is a witness, a victim or an accused in another case.
6. If a court is located far from a penitentiary institution and the removal/transfer of the accused is complicated, under a court ruling, during a hearing, the accused may be temporarily placed in the nearest penitentiary institution or a temporary detention isolator where he/she shall be supervised by the Special Penitentiary Service.
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
(c) A person being transported shall be detained in custody during the period of transit;
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.