Chapter Three – Parliament of Georgia
Article 39 – Member of the Parliament of Georgia
The Arrest or detention of a Member of Parliament, or searches of his/her place of residence, place of work, vehicle or person, shall be permitted only with the prior consent of Parliament, except when a Member of Parliament is caught at the crime scene, in which case Parliament shall be notified immediately. Unless Parliament consents to the detention within 48 hours, the arrested or detained Member of Parliament shall be released immediately.
Chapter Four – President of Georgia
Article 51 – Oath, termination of the term of office, immunity, conflicts of interest and succession of the President of Georgia
The President of Georgia shall enjoy immunity. No one shall have the right to detain or bring criminal proceedings against the President of Georgia while in office.
Article 63 – Judge
Chapter Six – Judiciary and Prosecutor's Office
A judge shall enjoy immunity. criminal proceedings against a judge, his/her arrest or detention, and searches of his/her place of residence, place of work, vehicle or person shall be permitted only with the consent of the High Council of Justice and, in the case of a judge of the Constitutional Court, with the consent of the Constitutional Court. An exception may be made if a judge is caught at the crime scene, in which case the High Council of Justice or the Constitutional Court, respectively, shall be notified immediately. Unless the High Council of Justice or the Constitutional Court, respectively, consents to the detention, the detained judge shall be released immediately.
National State Agency Responsible for Cooperation between the International Court and Georgia
Article 5. Consultation with the International Court
The Responsible Agency shall have the authority to consult with the International Court on matters related to the request as prescribed by the Statute. Consultation with the International Court shall be obligatory if the execution of the request:
d) violates domestic or diplomatic immunity.
Request of the International Court
Article 13. Matters related to immunity
If the Court request is related to conduct of the criminal prosecution against persons who are granted immunity under Georgian legislation, the Responsible Agency notifies the appropriate state agency on the existence of the grounds for beginning criminal proceeding in relation to the given persons and facilitates the actions related to the immunity according to the Constitution and other legislative acts of Georgia.
1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.
2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.