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.“
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.
2. If the International Court is considering an application challenging its jurisdiction pursuant to Articles 17-19 of the Statute, the Responsible agency may postpone the execution of the request until the Court makes a decision on this matter.
3. If a citizen of Georgia is surrendered to the International Court, the Responsible Agency applies to the Court with a request to return the person to Georgia following the completion of the proceedings.
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.