Chapter Two – Fundamental Human Rights
Article 32 – Citizenship of Georgia
The transfer of a citizen of Georgia to a foreign state shall be inadmissible except in cases provided for by an international treaty. The decision to transfer a citizen may be appealed to the court.

Chapter Two – Fundamental Human Rights
Article 33 – Rights of aliens and stateless persons
The expulsion or extradition of persons from Georgia in violation of universally recognised principles and norms of international law shall be inadmissible.

Chapter 1 General Provisions

Article 1 Purpose of the Law

1. This Law defines the procedures for rendering legal assistance in criminal cases, for carrying out extradition, for transmitting criminal files or their duly certified copies for the further criminal prosecution of a person, as well as the procedures for enforcing court judgements and for transferring to, or receiving from, the state of nationality persons sentenced to imprisonment.

2. Matters related to the cooperation of Georgia with the International Criminal Court are regulated under the Rome Statute of the International Criminal Court (Rome Statute) and the Law of Georgia on the Cooperation of Georgia with the International Criminal Court.

Chapter 3 Extradition

Article 14

Extradition of a person from a foreign state to Georgia

1. The Ministry of Justice of Georgia may, in accordance with this Law, request the relevant authority of a foreign state to extradite a person who is charged with a crime that carries imprisonment for a term of more than one year or who has been convicted of such crime.

2. In preparing a request for the extradition of a person from a foreign state to Georgia, account shall also be taken of the gravity of the crime, the level of risk posed to the public, the extent of the damage caused, the public interest in extraditing the person to Georgia and in his/her subsequent conviction and punishment, as well as other circumstances that make the extradition of a person to Georgia reasonable.

3. The refusal to perform a request for extradition of a person from a foreign state shall be substantiated.

Chapter 3 Extradition

Article 15 Form of request for extradition of a person from a foreign state to Georgia and supporting documents

1. A request for extradition of a person from a foreign state shall be prepared in writing and shall include:

a. the name, surname, date and place of birth of the accused or convicted person, and where possible, other identification details confirming his/her identity;

b. a description of the factual circumstances of the committed crime, with reference to the law that provides for punishment for such crime.

2. A request for extradition provided for in paragraph 1 of this article shall be accompanied by:

a.the court ruling remanding the person in custody;

b. a copy of the prosecution order of the person, or if the person has been convicted, the final judgement of conviction;

c. the text of the law that provides for criminal liability for the committed crime, and other legislative acts necessary for the consideration of the question of extradition;

d. where possible, a photo of the person subject to extradition, his/her fingerprints, DNA code or other identification data.

3. A request for extradition provided for in paragraph 1 of this article may be accompanied by other documents as well if so required by a relevant international or individual agreement between Georgia and the foreign state.

Chapter 3 Extradition

Article 16 Effect of extradition procedures conducted in a foreign state on criminal proceedings in Georgia

1.If a person who is subject to extradition to Georgia is detained in a foreign state, the term of detention of that person in Georgia shall be calculated from the moment of his/her actual transfer to the relevant Georgian authorities. The term of extradition detention in a foreign state of a person who is subject to extradition to Georgia shall be counted towards the total term of the sentence imposed by the court.

2. A person extradited to Georgia may not be prosecuted for or convicted of any other crime committed by him/her before the extradition, other than the crime for which he/she has been extradited to Georgia.

3. Unless otherwise provided for by an international or individual agreement of Georgia, paragraph 2 shall not apply if:

a. the state that conducted the extradition of the person to Georgia consents;

b. the extradited person who had the opportunity to leave Georgia did not leave the country within 45 days of his/her final release or returned again to Georgia after leaving its territory.

4. In the case provided for in paragraph 3 (a) of this article, a request for the consent of the relevant foreign state shall be accompanied by the relevant document(s) and contain the data indicated in Article 15 of this Law.

5. Unless otherwise provided for by an international or individual agreement of Georgia, paragraph 2 of this article shall not apply if, during proceedings following extradition, the legal classification (qualification) of the act committed by the person has changed, but the description and the essential elements of the crime have remained the same, and the new crime is subject to extradition.

Chapter 3 Extradition

Article 17

Transfer of a person to a third state

1. A person extradited from a foreign state may not be transferred to a third state without the consent of the extraditing state.

2. For the purposes of this article, consent shall be requested by the Ministry of Justice of Georgia.

Chapter 3 Extradition

Article 18 Crimes subject to extradition

1.Unless otherwise provided for by an international or individual agreement of Georgia, a person shall be extradited to a foreign state for such crimes that both under the legislation of Georgia and that of the foreign state concerned are punishable by at least imprisonment for one year or by a stricter punishment. In the case of a convicted person, it is necessary that the person be sentenced to at least four months of imprisonment.

2. Unless otherwise provided for by an international or individual agreement of Georgia, a person may also be extradited to a foreign state if a request for extradition concerns several crimes that are punishable both under the legislation of Georgia and that of the foreign state and where some of those crimes do not meet the requirements established under paragraph 1 of this article with respect to the measure of punishment, but are punishable by imprisonment or a fine in the form of a sanction.

3. Paragraph 2 of this article shall also apply in the case of the extradition of a person from a foreign state to Georgia.

Chapter 3 Extradition

Article 20

Military Crime

1. Unless otherwise provided for by an international or individual agreement of Georgia a person may not be extradited if the crime for which the extradition of the person is requested constitutes a military crime.

2. When defining a military crime, account shall be taken of Article 12(1)(e) of this Law.

Chapter 3 Extradition

Article 21

Extradition of Georgian citizens

A Georgian citizen may not be extradited to a foreign state unless otherwise provided for by an international agreement of Georgia.

Chapter 3 Extradition

Article 22 Capital punishment

Extradition may not be conducted if the crime for which the extradition of the person is requested is punishable by death under the legislation of the requesting state.

Chapter 3 Extradition

Article 23

Default judgement

1. A person may not be extradited to a foreign state, if the court of the requesting state passed a default judgement against him/her and the person was not properly informed of the court hearing or the person accused of the crime was not provided with minimum defence rights.

2. In the case provided for by paragraph 1 of this article, a person may be extradited if the competent authorities of the requesting state provide assurances that the case will be reheard by the court and the extradited person will be granted defence rights.

Chapter 3 Extradition

Article 24

Period of Limitation

Extradition may not be conducted for a crime if under the Criminal Code of Georgia the period of limitation has expired, which releases the person from criminal liability or from serving the sentence.

Chapter 3 Extradition

Article 25 Status, amnesty and pardon of a person subject to extradition

2. Extradition may not be conducted if the crime for which a person's extradition is requested is subject to amnesty under the legislation of Georgia and Georgia has jurisdiction with respect to such crime.

Chapter 3 Extradition

Article 26

Non bis in idem principle

A person may not be extradited if:

a. the Georgian court has delivered a judgement with respect to the crime for which the person's extradition is requested;

b. the relevant Georgian authorities have made a final decision on discontinuing the prosecution for the crime for which the person's extradition is requested.

Chapter 3 Extradition

Article 30

Application of restriction measures to persons who are subject to extradition to a foreign state

1. Upon the arrest in the territory of Georgia of a person wanted by foreign law enforcement authorities, the relevant district prosecutor shall be notified; the prosecutor shall, within 48 hours, file a motion with the relevant magistrate judge, according to the place of arrest, for the application of restriction measures with respect to the person.

2. Extradition detention, or, taking account of the characteristics of extradition procedures, other restriction measures provided for by the Criminal Procedure Code of Georgia, may be applied to persons wanted by foreign law enforcement authorities.

3. A magistrate judge shall decide on the application of restriction measures to a person wanted by foreign law enforcement authorities in accordance with Article 206 of the Criminal Procedure Code of Georgia, taking account of the characteristics of the extradition procedures. The decision of a magistrate judge may be appealed to the Investigative Chamber of the Court of Appeals within 7 days after it has been served on the person. The Chamber shall review the appeal within 5 days.

4. The term of the extradition detention of an extraditable person arrested in the territory of Georgia shall be 3 months, which may be extended by 3 months for reasons connected with extradition, but not more than twice.

5. In the case specified in paragraph 4 of this article, the relevant magistrate judge shall extend the term of the extradition detention upon a reasonable motion of the prosecutor. The decision of the magistrate judge may be appealed to the Investigative Chamber of the Court of Appeals in accordance with Article 207 of the Criminal Procedure Code of Georgia.

5(1). The relevant competent authority of the foreign state shall be immediately informed through the Ministry of Justice of Georgia of the arrest of a person subject to extradition to the foreign state and the application of procedural restriction measures.

5(2). In the case of the cancellation of extradition detention or of any other restriction measure with respect to an extraditable person, the possibility of subjecting that person to extradition detention or to any other restriction measure again under a court decision shall not be ruled out.

6. A person arrested for the purpose of extradition shall be immediately released from custody if it is established that the person is a Georgian citizen.

Chapter 3 Extradition

Article 31

Additional information

If the information provided by the requesting state is not sufficient for a decision on extradition, the Ministry of Justice of Georgia may, upon the request of the court hearing the extradition case or on its own initiative, request from the foreign competent authority the necessary additional information and set time limits for its provision.

Chapter 3 Extradition

Article 32

Competing requests

1. In the case of competing requests for extradition, their admissibility shall be decided individually by a duly authorised court in accordance with this Law.

2. After the procedure provided for in paragraph 1 is completed, the Minister of Justice of Georgia shall determine to which state the extraditable person is to be surrendered, by taking into account the place of the commission of the crime, the gravity of the crime, the dates on which the requests for extradition were received by Georgia, the nationality of the person and other circumstances.

3. In cases specified in paragraph 2 of this article, the Minister of Justice of Georgia may hold consultations with the Minister of Foreign Affairs of Georgia to decide the issue of extradition.

4. In the case of competing requests from the International Criminal Court and from a foreign state for the surrender of a person, priority shall be given to the request of the International Criminal Court.

Chapter 3 Extradition

Article 33

Deferred extradition and temporary surrender

Article 33 - Deferred extradition and temporary surrender

1. If a person whose extradition is requested is serving a sentence for any other crime committed in the territory of Georgia, the extradition of that person may be deferred until such person has served the sentence or until the person has been released from serving the sentence. If a person who is subject to a request for extradition has been charged for a crime committed in the territory of Georgia, the extradition may be deferred until the judgement is delivered, or until the person has served the sentence or until the person has been released on other legal grounds.

2. The extradition of a person to a foreign state may be deferred for humanitarian reasons.

3. A decision on deferring the extradition of a person to a foreign state shall be made by the Minister of Justice of Georgia.

4. If there is a relevant request, the person who is subject to the request may be temporarily surrendered to the requesting state. A request for a temporary surrender shall be reviewed in accordance with the procedure for reviewing extradition requests. A temporary surrender may be carried out on the condition that the person who is subject to the request is returned to Georgia after the expiration of specified time limits.

5. The Ministry of Justice of Georgia may, in accordance with an international or individual agreement of Georgia, submit a request to the relevant foreign authority for the temporary surrender of a person.

Chapter 3 Extradition

Article 33

Deferred extradition and temporary surrender

Article 33 - Deferred extradition and temporary surrender

4. If there is a relevant request, the person who is subject to the request may be temporarily surrendered to the requesting state. A request for a temporary surrender shall be reviewed in accordance with the procedure for reviewing extradition requests. A temporary surrender may be carried out on the condition that the person who is subject to the request is returned to Georgia after the expiration of specified time limits.

5. The Ministry of Justice of Georgia may, in accordance with an international or individual agreement of Georgia, submit a request to the relevant foreign authority for the temporary surrender of a person.

Chapter 3 Extradition

Article 34

Decision on extradition and its appeal

1. After receiving an extradition request and supporting documents, the Ministry of Justice of Georgia shall check whether the relevant documentation has been submitted in accordance with the form and procedure determined under an international or individual agreement of Georgia.

2. The Ministry of Justice of Georgia may, where necessary, request additional information and/or documents from the competent authority of the foreign state concerned.

3. If there are circumstances clearly precluding the extradition of a person to a foreign state before the completion of additional procedures specified in this article, the Minister of Justice of Georgia shall issue an order denying the request for extradition.

4. If a request for extradition is consistent with the provisions of an international or individual agreement of Georgia, the Minister of Justice of Georgia shall immediately forward the documents provided by the foreign state to the Prosecutor's Office of Georgia.

5. After receiving the extradition materials, the duly authorised prosecutor shall communicate the relevant documents to the extraditable person and shall inform him/her of his/her rights and duties under the legislation of Georgia.

6. After receiving the extradition materials, the duly authorised prosecutor shall, within a reasonable time, apply to the relevant district (city) court for a decision on the permissibility of extradition.

7. The district (city) court shall, not later than 7 days after receiving the documents specified in paragraph 6 of this article, set a date for a hearing on the permissibility of extradition.

8. After hearing the parties' opinions, the court shall make a decision on the permissibility of extradition.

9. An extraditable person shall enjoy all the rights under the Criminal Procedure Code of Georgia, considering the characteristics of the extradition procedures.

10. If there is a need to request additional information from the relevant foreign authority to decide on the question of extradition, the relevant court shall apply with a request to the Ministry of Justice of Georgia.

11. The ruling of a district (city ) court on the permissibility of extradition may, within 7 days after it is delivered, be appealed by the parties by way of a cassation appeal to the Criminal Chamber of the Supreme Court of Georgia, which shall set the date of the first hearing not later than 5 days after receiving the appeal.

12. The Ministry of Justice of Georgia shall be notified of the final court decision on the permissibility of extradition within 5 days.

13. If the relevant court finds it impermissible to extradite a person to a foreign state, the Minister of Justice of Georgia shall issue an order denying the request for extradition.

14. If the court finds it permissible to extradite a person to a foreign state, the Minister of Justice of Georgia shall issue an order denying or granting the request for extradition.

15. In exercising the powers under paragraph 14 of this article, the Minister of Justice of Georgia shall take into account the decision of the court on the permissibility of extradition, the consistency with Article 29(41) of this Law and the international human rights commitments of Georgia. The Minister of Justice of Georgia may also, for humanitarian purposes or in the light of other circumstances, deny a request for extradition.

16. If the relevant requesting foreign state submits an additional request for extradition after a person has been transported to custody, the relevant decision shall be made by the Minister of Justice of Georgia.

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.

Chapter 3 Extradition

Article 35

Transit of an extraditable person

1. A decision on the transit of an extraditable person through the territory of Georgia shall be made by the Ministry of Justice of Georgia.

2. A request for transit through Georgia shall contain the same details as a request for extradition.

3. In the case of air transit involving a landing in the territory of Georgia, the requesting party shall submit a formal request to the Ministry of Justice of Georgia.

4. In the case of air transit which does not involve a landing in the territory of Georgia, the requesting party shall notify the Ministry of Justice of Georgia of the transit of an extraditable person.