Cooperation of State

Georgia

Georgia - Criminal Code 1999 (2016) EN

Article 1. The Criminal Code of Georgia ("saqartvelos sakanonmdeblo macne"1) No. 41(48), 1999) shall be amended as follows:

1. Article 6:
a) heading shall be drafted as follows:
"Article 6. Extradition and surrender of the Criminal"
b) Paragraph 1 and paragraph 2 of article 6 shall be drafted as follows:
“1. The citizen of Georgia as well as the stateless person permanently residing in Georgia shall in no way be extradited to the other state for criminal prosecution or for serving a sentence unless otherwise provided by the International Treaty of Georgia. Surrender of the citizen of Georgia as well as the stateless person permanently residing in Georgia to the International Criminal Court (ICC) shall be carried out in cases and in manner provided by the Statute (the Rome Statute) of the International Criminal Court and the law of Georgia on “Cooperation of Georgia with the International Criminal Court”.

2. The citizen of a foreign state as well as the stateless person being on the territory of Georgia, may be extradited to another state or surrendered to the ICC for criminal prosecution or for serving a sentence in manner and to the extent determined by the International Agreement of Georgia.“

Georgia - Law on Cooperation between the International Criminal Court and Georgia 2003 EN

Chapter I
General Provisions


Article 1. Scope of the Law

1 .This Law governs matters of cooperation between the International Criminal Court (hereinafter the International Court) established by the Rome Statute of the International Criminal Court as of 17 July 1998 (hereinafter the Statute) and Georgia; determines a national state agency responsible for cooperation between the International Court and Georgia and defines the forms of mutual legal assistance in the course of cooperation.
2.Terms used in this Law shall have the meaning as defined in the Statute.

Chapter I
General Provisions


Article 2. Legal grounds of cooperation with the International Court

The Constitution of Georgia, the Statute, this Law and other legislative acts of Georgia shall be the legal grounds of cooperation with the International Court.

Chapter II
National State Agency Responsible for Cooperation between the International Court and Georgia


Article 4. Obligations of state authorities for the execution of requests of the International Court

The Responsible Agency and appropriate state authorities who have been forwarded a request of the International Court shall execute the request within the prescribed time limit in accordance with procedures stipulated in the Statute and the Georgian legislation.

Chapter III
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 IV
Request of the International Court


Article 11. Review and execution of a request

1.The Responsible Agency reviews the request received and determines a state authority competent to execute the request; also specifies possible measures within the framework of cooperation.

2.If immediate execution of the request may hinder an on-going investigation or prosecution of a case not related to the request, the Responsible Agency may, in accordance with Article 94 of the Statute suspend execution of the request for a period to be agreed upon with the International Court. This period shall not exceed the time limit prescribed by the Code of Cirminal Procedure of Georgia for the completion of investigation.

3.After a request is reviewed, the Responsible Agency decides whether to cooperate or not and scope of cooperation.

4.The Responsible Agency or/and the authority appointed to execute the request shall forward a decision on accepting the request to persons who under this Law are entitled to challenge it and who have a residence or operate in Georgia.

Chapter VIII
Execution of Decision of the International Court


Article 45. Conditions for execution of decisions of the International Court

1. At the request of the International Court, decision which entered into force may executed in Georgia if the convicted person is a citizen of Georgia and/or permanent resident of Georgia and/or his property is on the territory of Georgia.

2. A sentence by the international Court imposing pecuniary penalties may be executed in Georgia also if the person has a permanent residence abroad but his property is on the territory of Georgia.

3. Decisions of the International Court shall be executed pursuant to procedures, of the Law of Georgia on Imprisonment, law of Georgia on punishment execution proceedings or the Law of Georgia on Execution of Non-imprisonment Sentences and Probation.

Rome Statute

Article 86 General obligation to cooperate

States Parties shall, in accordance with the provisions of this Statute, cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.