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

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.

Article 174 – Procedure for arrest

1. If there are grounds for arrest, the arresting officer shall be obliged to clearly notify the arrested person of those grounds, explain which crime he/she is suspected of committing, and inform him/her that he/she may use the services of a defence lawyer, remain silent and refrain from answering questions, not to incriminate himself/herself, and that everything he/she says can be used against him/her in court. A statement made by the arrested person before being informed of his/her rights as provided for by this paragraph shall be considered as inadmissible evidence.

Article 179 – Conducting criminal proceedings against an unidentified accused/convicted person

2. In cases provided for by paragraph 1 of this article, all subsequent procedural actions provided for by this Code shall be carried out in full, without any delay. In addition, all procedural actions taken with respect to an unidentified accused or convicted person shall be carried out with the mandatory involvement of a defence lawyer. The State shall reimburse the costs of services provided by the appointed defence lawyer.

Chapter V
Surrender of a person to the International Court


Article 26. Rights of a person subject to surrender

2. The Responsible Agency explains to the prosecuted person the ground for his surrender, a summary procedure for surrender and his right to:

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.

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:

(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

Chapter 2 Provision of legal assistance in criminal cases

Article 9(1)

1. A witness, expert or a victim located in the territory of Georgia may be examined by using audio or video equipment on the basis of a request for legal assistance of a competent authority of a foreign state.

Chapter 2 Provision of legal assistance in criminal cases

Article 9(1)

3. A witness, expert or victim who is located in the territory of Georgia and who is to be examined by means of audio or video equipment on the basis of a request for legal assistance of a foreign state shall have the rights and duties provided for by the legislation of Georgia.

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.