Chapter Two – Fundamental Human Rights
Article 13 – Human liberty
Human liberty shall be protected.
The deprivation or other restrictions of liberty shall only be permitted on the basis of a court decision.
An official authorised by law may arrest a person in cases defined by law. An arrestee shall be brought before a court of competent jurisdiction no later than 48 hours after being arrested. If the court does not adjudicate upon detention or any other restriction of liberty within the next 24 hours, the person shall be released immediately.
A person shall be informed of his/her rights and grounds for arrest immediately upon being arrested. A person may request the assistance of a lawyer immediately upon being arrested. This request must be satisfied.
The detention period for an accused person shall not exceed 9 months.
A Violation of the requirements of this article shall be punished by law. A person whose liberty has been restricted unlawfully shall have the right to compensation.

Chapter Two – Fundamental Human Rights
Article 31 – Procedural rights
Every person has the right to apply to a court to defend his/her rights. The right to a fair and timely trial shall be ensured.
Every person shall be tried only by a court that has jurisdiction over the case.
The right to defence shall be guaranteed. Everyone has the right to defend his/her rights before a court in person or through a lawyer, or through a representative in cases defined by law. The unrestricted exercise of the rights of a lawyer, as well as the right of lawyers to self-organisation, shall be guaranteed by law.
The defendant shall have the right to request that his/her witnesses be called and interrogated under the same conditions as the witnesses of the prosecution.
A person shall be presumed innocent until proved guilty, in accordance with the procedures established by law and the court’s judgment of conviction that has entered into legal force.
No one shall be obliged to prove his/her innocence. The burden of proof shall rest with the prosecution.
A decision to commit an accused for trial shall be based on a reasonable belief, and a judgment of conviction shall be based on incontrovertible evidence. Any suspicion that cannot be proved in accordance with the procedures established by law shall be resolved in the defendant’s favour.
No one shall be convicted again for the same crime.
No one shall be held responsible for an action that did not constitute an offence at the time when it was committed. No law shall have retroactive force unless it reduces or abrogates responsibility.
Evidence obtained in violation of the law shall have no legal force.
No one shall be obliged to testify against himself/herself or against his/her relatives, as determined by law.

Chapter Six – Judiciary and Prosecutor's Office
Article 62 – Judicial proceedings
Legal proceedings shall be conducted in the official language. An individual who does not have a command of the official language shall be provided with an interpreter.

Chapter Six – Judiciary and Prosecutor's Office
Article 62 – Judicial proceedings
Legal proceedings shall be conducted on the basis of equality of arms and the adversarial process.

Article 53 – Principles of sentencing

1. The court shall impose a fair sentence on an of fender within the scope provided for by the relevant article of the Special Part of this Code and taking into consideration the provisions of the general part of this Code. A stricter sentence may be imposed only when less severe sentence fails to achieve the goal of the sentence.

Article 6 – Inadmissibility of unlawful restriction of a person’s constitutional rights and freedoms
1. Constitutional rights and freedoms of a participant in criminal proceedings may only be restricted on the basis of special provisions of the Constitution of Georgia and of this Code.
2. Only a court shall have the right to recognise a person as an offender and to impose a sentence on him/her.
3. Preference shall always be given to the most lenient form of restriction of rights and freedoms.

Article 8 – Fair trial and expediency of justice
1. The accused (the convict or the acquitted person) shall have a right to a fair trial.

Article 6 – Inadmissibility of unlawful restriction of a person’s constitutional rights and freedoms
1. Constitutional rights and freedoms of a participant in criminal proceedings may only be restricted on the basis of special provisions of the Constitution of Georgia and of this Code.
2. Only a court shall have the right to recognise a person as an offender and to impose a sentence on him/her.
3. Preference shall always be given to the most lenient form of restriction of rights and freedoms.

Article 8 – Fair trial and expediency of justice
1. The accused (the convict or the acquitted person) shall have a right to a fair trial.

Article 74 – Testimony of the accused
1. A testimony given by the accused shall be the information provided to the court on the circumstances of the criminal case.
2. Giving a testimony shall be the right of the accused.
3. The fact of refusal of the accused to give a testimony, or of giving a false testimony may not be considered as the evidence that proves the culpability of the accused.
4. The acknowledgement of the accused may not serve as grounds for a judgment of conviction, unless it can be proved by any other confirming evidence.

Article 238 – Previous conviction of the accused
Before the announcement of the verdict, the jurors shall not be notified of a previous criminal or administrative liability or conviction of the accused (unless this constitutes one of the qualifying elements of the charges brought, and/or is intended to verify the reliability of the testimony of the accused), nor of any other evidence that is not related to proving the charges.

Article 247 – Inadmissibility to use the information provided by the accused before a hearing on the merits
1. If the accused objects, it shall be impermissible to publicly read the information provided by him/her during an interview before a hearing on the merits or to play (demonstrate) the audio or video recording of this information and to use this information as evidence. Refusal of the accused to have the information provided by him/her publicly read or the audio or video recording of that information played (demonstrated) may not be considered as evidence proving his/her culpability.
2. The restriction provided for by paragraph 1 of this article shall not apply to information obtained as a result of operative-investigative or covert investigative actions.

Article 259 – Legality, reasonableness and fairness of a court judgment
1. A court judgment shall be legitimate, reasoned and fair.
2. A court judgment shall be considered legitimate if it has been rendered in compliance with the requirements of the Constitution of Georgia, international agreements of Georgia, and other normative acts, including this Code and other laws of Georgia, the provisions of which were applied during the criminal proceedings.
3. A court judgment shall be considered reasoned if it is based on the sum of evidence excluding reasonable doubt that has been examined during the court hearing. All findings and decisions provided in a court judgment shall be reasoned.
4. A court judgment shall be considered fair if the sentence imposed corresponds to the personality of the convicted person and to the gravity of the crime he/she has committed.

Article 4 – Inviolability of personal dignity

1. A judge, a prosecutor, an investigator and other participants in criminal proceedings shall, at every stage of the proceedings, be obliged to ensure the inviolability of personal dignity and private life of the participants in proceedings.

Article 5 – Presumption of innocence and liberty

1. A person shall be considered innocent unless his/her culpability has been established by final judgment of conviction.

2. No one shall be obliged to assert his/her innocence. The burden to prove the charges shall lie with the prosecutor. A prosecutor may dismiss the charges.

3. A suspicion arising during the assessment of evidence that cannot be confirmed in the manner prescribed by law shall be resolved in favour of the accused (convicted person).

Article 6 – Inadmissibility of unlawful restriction of a person’s constitutional rights and freedoms

1. Constitutional rights and freedoms of a participant in criminal proceedings may only be restricted on the basis of special provisions of the Constitution of Georgia and of this Code.


Article 7 – Inviolability of private life in criminal proceedings

1. During an investigation, a party may not arbitrarily and unlawfully interfere with the personal life of other persons. The inviolability of private or other property or of private communication performed by any means shall be guaranteed by law.

2. A person carrying out a procedural action shall not disclose information on a (person’s) personal life, nor private information that the person considers necessary to keep confidential.


Article 8 – Fair trial and expediency of justice

1. The accused (the convict or the acquitted person) shall have a right to a fair trial.

2. The accused shall have the right to the expediency of justice within the time limits prescribed by this Code. A person may relinquish this right if so required for the appropriate preparation of the defence.

Article 12 – Legality and independence of the judiciary

4. In cases provided for by this Code, the lawful interests of a person shall take precedence over the public interest of solving the case and punishing the offender. The protection of a person’s lawful interests in criminal proceedings serves the public interest.

Article 25 – Adversary proceedings and equality of arms

1. A court shall be obliged to provide the parties with equal opportunities to protect their rights and lawful interests without giving preference to either of them.

2. A court shall be prohibited from independently obtaining and examining evidence that proves the guilt or supports the defence. The collection and presentation of evidence is the responsibility of the parties. In exceptional cases, a judge may, after obtaining consent of the parties, ask clarifying questions if so required for ensuring a fair trial.

Article 38 – Rights and obligations of the accused

1. Upon arrest, or if a person is not arrested, immediately upon his/her recognition as the accused, also before any interrogation, the accused shall be notified, in the language that he/she understands, of the crime provided for by the Criminal Code of Georgia in the commission of which he/she is reasonably suspected. The accused shall be handed over a copy of a record of his/her arrest, or if he/she is not arrested, a copy of a decree to prosecute as the accused.

Article 38 – Rights and obligations of the accused

2. Upon arrest, or if a person is not arrested, immediately upon his/her recognition as the accused, also before any interrogation, the accused shall be informed that he/she may use the services of a defence lawyer, remain silent and refuse to respond to questions, exercise the right against self-incrimination, and that everything the accused says can be used against the accused, and that he/she may undergo a free medical examination upon detention, if he/she so requests, as soon as he/she is transferred to the relevant facility.

Article 38 – Rights and obligations of the accused

4. The accused may use the right to silence any time. If the accused prefers to remain silent, this may not be considered as evidence proving his/her culpability.

5. The accused may choose a defence lawyer and use his/her services, also may replace the defence lawyer any time, or if he/she is indigent, a defence lawyer may be assigned to him/her at the expense of the State. The accused shall have reasonable time and means for the preparation of the defence. The relationship between the accused and his/her defence lawyer shall be confidential. No restrictions may be imposed on the communication between the accused and his/her defence lawyer in such a way to impede the due performance of the defence.

6. The accused may refuse to use the services of a defence lawyer, and defend himself/herself on his/her own for which he/she shall be provided sufficient time and means. The accused may not refuse the services of a defence lawyer if there is a case of mandatory defence established under this Code.

7. The accused may: independently or through a defence lawyer, carry out an investigation, lawfully obtain and provide evidence in the manner provided for by this Code; request the carrying out of investigative actions and provision of evidence that is required to refute the charges or to mitigate the liability; participate in the investigative actions carried out on his/her personal and/or his/her defence lawyer’s motion; request attendance of the defence lawyer during the investigative action carried out by him/her.

8. The accused may, during the conduct of an interrogation and other investigative actions, use the services of an interpreter at the expense of the State if he/she has no or insufficient command of the language of the criminal proceedings, or has such disability as to not allow him/her to communicate without using sign language.

Article 38 – Rights and obligations of the accused

13. The accused and his/her defence lawyer may, within the limits and in the manner prescribed by this Code, inspect the evidence of the prosecution and obtain copies of evidence and materials of a criminal case.

14. The accused may: participate in the investigation of his/her charges, also in a court hearing, directly or indirectly, by using technical means; file motions and challenges; examine the evidence of the defence in the same conditions as those in which the evidence of the prosecution is examined; inspect the appeal filed by the party and express his/her opinion on it; examine the record of the court hearing and make remarks on them.

15. The accused may, in cases and in the manner provided for by this Code, appeal the actions of an investigator to a prosecutor, appeal the actions and decisions of a prosecutor to a superior prosecutor, and, in cases provided for by this Code, to a court. The accused/convicted person may appeal a court decision and request a copy of the appealed decision.

16. The list provided in this article shall not restrict the right of the accused to exercise all other rights granted under the legislation of Georgia and treaties.

17. The accused shall have the right not to participate in investigative actions.

18. The exercise or failure to exercise his/her rights by the accused may not be considered as evidence proving his/her culpability.

Article 39 – Right of the accused to obtain evidence

1. The accused may obtain evidence at his/her own expense, on his/her own and/or through a defence lawyer. The evidence obtained by the accused shall have the same legal effect as the one obtained by the prosecution.

Article 74 – Testimony of the accused

2. Giving a testimony shall be the right of the accused.

3. The fact of refusal of the accused to give a testimony, or of giving a false testimony may not be considered as the evidence that proves the culpability of the accused.

Article 111 – General procedure for carrying out investigative actions

1. When carrying out investigative actions provided for by this Code, the parties shall enjoy equal rights and obligations. The parties shall carry out investigative actions in the manner and within the scope prescribed by this Code. Upon a reasoned motion of the defence, investigative actions shall be carried out by an investigator based on a court ruling, who may not be the same person as the one who is investigating the given case. An investigator shall be selected by the head of the appropriate investigative authority, and the defence shall be notified of his/her identity and contact details before an investigative action requested by a motion is carried out. In this case, the costs associated with carrying out investigative actions shall be borne by the accused, except when the accused presents to the court evidence that confirms that he/she is unable to reimburse these costs. The defence may participate in the investigative actions carried out at its request.

2. The right of the defence to file with the court a motion requesting the carrying out of investigative actions shall not apply to the circumstances provided for by Article 112(5) of this Code. Without the permission of the court, the defence may not carry out such investigative actions that, under this Code, require such permission.

3. Before initiating investigative actions, the person carrying out such actions shall inform the participants of their rights and obligations and the procedures for carrying out the investigative actions. A person carrying out an investigative action shall be obliged to provide an opportunity for participants to exercise their rights.

4. If a decree of an investigator or a court ruling serves as grounds for carrying out an investigative action, the investigator shall provide it to the person for whom it is mandatory to execute the decree (ruling), which he/she shall confirm by a signature.

5. An investigative action may not be carried out at night, except in the case of urgent necessity. An investigative action shall be carried out within a reasonable period.

6. When carrying out an investigative action, scientific-technical means and methods for the detection, recording and seizure of the traces of a crime and material evidence may be used.

7. When (a person) resists the carrying out of an investigative action, a proportional coercive measure may be applied.

8. When carrying out an investigative action, surgical or any other medical examination methods and means that cause a severe pain may be applied only in exceptional cases with the consent of the person to whom the above means are applied. If that person has not attained the age of 16 or that person is mentally ill, it shall be necessary to obtain the consent of the parent, guardian or custodian, or a court ruling.

9. If the carrying out of investigative actions requires special professional knowledge, the party shall carry out such actions with the involvement of an expert. If an investigative action involves the removal of a person’s clothing, the expert and the party shall be of the same gender as the person to be examined.

Article 113 – Procedure for interview

1. Any person who may have information that is important to the case may be voluntarily interviewed by the parties. An interviewee may not be forced to provide evidence or disclose information.

2. An interviewee shall have the right to use the services of a defence lawyer at his/her own expense, not to disclose information against himself/herself or a close relative. The person conducting the interview shall inform the interviewee of these rights, as well as of the rights provided for by Article 50 of this Code, before the start of an interview.

6. If an interviewee consents to the interview, he/she shall provide the party conducting the interview with correct information on the circumstances known to him/her. When assessing the credibility of the information provided by the interviewee, among other factors, his/her ability to properly comprehend, memorise and recollect the circumstances relevant to the case shall be taken into account.

7. The party conducting an interview shall warn the person in writing about the potential criminal liability in the case of false denunciation (crime provided for by Article 373 of the Criminal Code of Georgia) and the provision of false information (crime provided for by Article 370 of the Criminal Code of Georgia). A note to this effect shall be entered into the record of the interview.

8. If an interviewee refuses to be interviewed, the party may inform the interviewee that he/she may be summoned before the magistrate judge to give testimony, and that the giving of testimony is obligatory and that the failure to perform this obligation shall result in the criminal liability of the interviewee. This information shall be entered into the record.

9. Audio and/or video recording technical means may be used during an interview. The interviewee shall be notified in advance of their use.

10. Unless this Code provides otherwise, the provisions of this article shall apply to an accused person as well.

Article 197 – First proceeding before the court; informing the accused of his/her rights

1. Not later than 24 hours after a motion is filed for the application of a measure of restraint, the magistrate judge shall, at the first proceeding before the court, in the presence of the parties:

a) establish the identity of the accused;

b) find out whether the accused understands the language of the criminal proceedings;

c) inform the accused of the essence of the accusation and his/her rights, including the right to file a complaint (claim) for torture and inhuman treatment;

d) notify the accused of the type and measure of punishment specified in the charges filed;

e) find out if it is possible to conclude a plea bargain, and in the case of consent of the parties, make a respective decision;

f) review a motion for applying a measure of restraint;

g) enquire from the accused whether he/she intends to file any complaint or motion with regard to a violation of his/her rights;

h) exercise other powers prescribed by this Code.

Article 259 – Legality, reasonableness and fairness of a court judgment

1. A court judgment shall be legitimate, reasoned and fair.

2. A court judgment shall be considered legitimate if it has been rendered in compliance with the requirements of the Constitution of Georgia, international agreements of Georgia, and other normative acts, including this Code and other laws of Georgia, the provisions of which were applied during the criminal proceedings.

3. A court judgment shall be considered reasoned if it is based on the sum of evidence excluding reasonable doubt that has been examined during the court hearing. All findings and decisions provided in a court judgment shall be reasoned.

4. A court judgment shall be considered fair if the sentence imposed corresponds to the personality of the convicted person and to the gravity of the crime he/she has committed.

Chapter IV
Request of the International Court


Article 14. Serving case materials to the persons concerned

1 .By decision of the Responsible Agency, a person to which the request of the International Court is related has the right to be served with the case materials.

2.The right referred to in paragraph 1 of this Article may be restricted:
a)in the interests of proceedings before the International Court;
b) where a substantial legal ground thereof exists, if the International Court so requires;
c)due to the need for immediate taking appropriate measures;
d) for the purpose of preservation of confidential information.

Chapter V
Surrender of a person to the International Court


Article 23. Arrest of a person for the purpose of his surrender

4. In ordering arrest it should be verified that the arrested person is the person whose arrest is sought in the International Court’s request. The arrested person shall be given notice of the grounds for surrender and a summary procedure of surrender. He shall be interrogated with regard to his personal data and shall be given explanation that he has the right to defense.

Chapter V
Surrender of a person to the International Court


Article 26. Rights of a person subject to surrender

1. A request for surrender and its accompanying materials shall be served to the prosecuted person and his legal counsel in a language they understand.

2. The Responsible Agency explains to the prosecuted person the ground for his surrender, a summary procedure for surrender and his right to:
a) challenge the jurisdiction of the International Court;
b) invoke a defense counsel at his own choice or, where there is no such counsel, to request the Responsible Agency to choose a counsel for him or to appoint a counsel in his favor.

3. A prosecuted person shall be interrogated with regard to his personal data and will be explained the grounds for his surrender. The person shall have the right to offer arguments against his arrest and surrender. His counsel shall have the right to participate in this procedure.

Chapter VI
Other Forms of Cooperation


Article 36. Interrogation Of The Person

1. A person suspected of the commission of crime under the jurisdiction of the International Court enjoys following rights during the interrogation:
(a) the right to be given notice that he is suspected of commission of a crime within the jurisdiction of the International Court
(b) Right to refuse to give testimony
(c) the right to invite the defense counsel of his own choice, or he does not have one, to demand the appointment of the counsel by the responsible agency
(d) right to be interrogated in the presence of his defense counsel, unless he refuse the assistance of the counsel by his own free will.

2. if a person is interrogated in a language he does not or inadequately understand, he shall be assigned an interpreter. He shall also be entitled to receive necessary material translated in a language he understands.

3. A person shall have the right to refuse to testify against his close friends and relatives as defined by the Code of Criminal procedure of Georgia and by the Rules of Procedure and evidence of the International Court or by refusing to testify a person desires to prevent the disclosure of information related to state security, in accordance with Article 72 of the Statute. If the person decides to use this right, the Responsible Agency shall decide on acceptability of interrogating the person.

4. Rights established in this Article shall be explained to the person concerned before he is interrogated.

Chapter VI
Other Forms of Cooperation


Article 38. Summons to the International Court

1. A summons for witnesses and experts/specialists before the International Court shall be accompanied with the Rules of Procedure and Evidence relating to self-incrimination and shall be served to person in a language they understand. the witness, expert or specialist, who appeared before the International Court shall be given guarantee by the International Court that he/she will not be prosecuted, arrested or otherwise deprived of his freedom for the conduct that took place before he appeared before the International Court.

2. A summoned person is not obliged to appear before the International Court if his transportation expenses are not covered by the International Court.

3. If the International Court submits the request envisaged in this article, the International Court shall also submit to Responsible Agency the appropriate documents guaranteeing that the expenses of free movement of the witness will be covered by the International Court.

Chapter 4 Request of the International Court

Article 14

Serving case materials to the persons concerned

1. By decision of the Responsible Agency, a person to which the request of the International Court is related has the right to be served with the case materials.

2. The right referred to in paragraph 1 of this Article may be restricted:

a. in the interests of proceedings before the International Court;

b. where a substantial legal ground thereof exists, if the International Court so requires;

c. due to the need for immediate taking appropriate measures;

d. for the purpose of preservation of confidential information.

Chapter 3 Types of Coordination

Article 16

Protection of participants in criminal processes and other persons

2. The Ministry of Internal Affairs of Georgia shall ensure specific measures under the legislation of Georgia for protection of participants in criminal processes and other persons transferred from foreign countries to Georgia.

3. The Ministry of Internal Affairs of Georgia shall inform the foreign law enforcement authorities requesting specific measures of protection of the types of measures being applied for the participants in criminal processes and other persons transferred to Georgia.