Chapter Two – Fundamental Human Rights
Article 31 – Procedural rights
Every person shall be tried only by a court that has jurisdiction over the case.
Article 2 – Application of a Criminal Law in Time
1. The criminality and punishability of an act shall be determined by the criminal law applicable at the time of its commission.
2. The time of committing a crime shall be the time when the principal or accomplice was acting or was about to act. The time when the result has occurred shall not matter .
Article 3 – Retroactive force of a criminal law
1. A criminal law that decriminalises an act or reduces penalty for it shall have retroactive force. A criminal law that criminalises an act or increases punishment for it shall not have retroactive force.
2. If a new criminal law mitigates punishment for an act for which the offender is serving it, this punishment shall be mitigated within the limits of the sanctions of this Criminal Law.
3. If the criminal law was amended several times between the commission of a crime and the delivery of the judgment, the most lenient law shall apply.
4. (Deleted – 12.6.2016, No 3714).
Article 4 – Operation of the Criminal Law with respect to crimes committed in the territory of Georgia
1. A person who has committed a crime in the territory of Georgia shall be criminally liable under this Code.
2. A crime shall be considered to have been committed in the territory of Georgia if it began, continued and terminated or ended in the territory of Georgia. This code shall also apply to crimes committed on the continental shelf and in the Special Economic Zone of Georgia.
3. A person, who has committed a crime on or against a ship authorised to fly the national flag or national insignia of Georgia, shall be criminally liable under this Code, unless otherwise provided for by an international agreement of Georgia.
4. If foreign diplomatic representatives or persons enjoying diplomatic immunity have committed a crime in the territory of Georgia, the question of their criminal liability shall be decided under the international law.
Article 5 – Criminal Liability for crimes committed abroad
1. Citizens of Georgia and persons having a status of stateless person in Georgia, who have committed abroad an act under this Code, which is considered as a crime under the legislation of the state where it was committed, shall be criminally liable under this Code.
2 . Citizens of Georgia and persons having a status of stateless person in Georgia who have committed abroad an act under this Code, which is not considered as a crime under the legislation of the state where it was committed, shall be criminally liable under this Code, provided that the act constitutes a serious or a particularly serious crime against the interests of Georgia, or if criminal liability for this crime is provided for by an international agreement of Georgia .
3. Foreigners and stateless persons who commit a crime abroad shall be criminally liable under this Code, provided that the act constitutes a serious or a particularly serious crime against the interests of Georgia, or if criminal liability for this crime is provided for by an international agreement of Georgia.
4. Citizens of Georgia and persons having a status of stateless person in Geor gia who have committed abroad an act under Articles 221, 2231, 2232, 2233, 2234, 338, 339 or 3391 of this Code, which is not considered as a crime under the legislation of the state where it was committed, shall be criminally liable under this Code.
5. Foreign citizens and stateless persons who have committed abroad an act under this Code and who exercise public legal powers for Georgia shall be criminally liable under this Code for committing a crime provided for by Articles 221, 338, 339 or 3391 of this Code.
6. A person who has committed a crime in the territory of a diplomatic mission or a consular office of Georgia abroad shall be criminally liable under this Code, unless otherwise provided for by an international agreement of Georgia.
Article 5 – Criminal Liability for crimes committed abroad
3. Foreigners and stateless persons who commit a crime abroad shall be criminally liable under this Code, provided that the act constitutes a serious or a particularly serious crime against the interests of Georgia, or if criminal liability for this crime is provided for by an international agreement of Georgia.
4. Citizens of Georgia and persons having a status of stateless person in Georgia who have committed abroad an act under Articles 221, 2231, 2232, 2233, 2234, 338, 339 or 3391 of this Code, which is not considered as a crime under the legislation of the state where it was committed, shall be criminally liable under this Code.
5. Foreign citizens and stateless persons who have committed abroad an act under this Code and who exercise public legal powers for Georgia shall be criminally liable under this Code for committing a crime provided for by Articles 221, 338, 339 or 3391 of this Code.
6. A person who has committed a crime in the territory of a diplomatic mission or a consular office of Georgia abroad shall be criminally liable under this Code, unless otherwise provided for by an international agreement of Georgia.
Article 2 – Procedure for applying the criminal procedure law; law analogy
4. Regardless of the place of commission of a crime, criminal proceedings shall be conducted in the territory of Georgia according to the legislation of Georgia.
7. A citizen of Georgia enjoying diplomatic immunity, as well as his/her family members residing abroad, shall be subject to the jurisdiction of the criminal procedure legislation of Georgia, unless they voluntarily consent to the application of the criminal procedure legislation of the country of their location.
Article 21 – Territorial jurisdiction
5. If a court establishes that a criminal case does not fall within its jurisdiction, it shall, under a ruling, refer the case to another court of relevant jurisdiction.
6. A dispute over the jurisdiction shall be resolved by the chairperson of a court of higher instance.
Article 35 – Investigative jurisdiction
An investigative jurisdiction shall be determined by the General Prosecutor of Georgia, unless otherwise determined by law.
Article 36 – Territorial investigative jurisdiction
Territorial investigative jurisdiction shall be determined by the General Prosecutor of Georgia, unless otherwise determined by law.
Chapter III
Jurisdiction of the International Court
Article 6. Determination of jurisdiction and jurisdictional disputes
1. the International Court shall have the jurisdiction over crimes committed on the territory of Georgia and falling within the subject-matter jurisdiction of the International Court according to the Statute. If the International Court considers that it has jurisdiction over a specific offence, the Responsible Agency may, after consulting with prosecution bodies determined by the Georgian Code of Criminal Procedure, accept the request of International Court or challenge the jurisdiction of the International Court in accordance with Article 19 of the Statute.
2. If the Responsible Agency does not challenge the jurisdiction of the International Court or, having examined the matter, it arrives at the conclusion that jurisdiction of the International Court shall prevail, all the relevant materials of the case shall be forwarded to the International Court. The forwarding of materials to the International Court shall result in suspension of proceedings taking place in the appropriate state authority.
3. A decision on challenging the jurisdiction of the International Court is not subject to appeal.
Chapter V
Surrender of a person to the International Court
Article 20. Legal grounds of surrender
1. A person shall be surrendered to the International Court if from the request and the accompanying materials it derives that the act committed is within the jurisdiction of the International Court.
Chapter 5 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:
a. challenge the jurisdiction of the International Court;
Chapter 5 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:
a. challenge the jurisdiction of the International Court;
Chapter 8 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.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.