Article 170 – Arrest
1. Arrest is a short-term restriction of a person’s liberty.
2. A person shall be considered arrested from the moment when his/her liberty of movement is restricted. From the time of arrest, a person shall be considered to be the accused.

Article 171 – Grounds for arrest
1. If there is probable cause that a person has committed a crime for which the law provides imprisonment, or the person will flee or will not appear before a court, destroys information important to the case, or will commit a new crime, or if the issue of requesting consent from a foreign state in accordance with Article 16(4) of the Law of Georgia on International Cooperation in Criminal Matters is under consideration, upon motion of the prosecutor, the court, according to the place of investigation, shall deliver a ruling for the arrest of the person without an oral hearing. The ruling may not be appealed.
2. A person may be arrested without a court ruling if:
a) the person has been caught in action while or immediately after committing a crime (in flagrante delicto);
b) the person has been seen at the crime scene, and a criminal prosecution is immediately initiated to arrest him/her;
c) a clear trace of crime has been found on or with the person or on his/her clothes;
d) the person has fled after committing a crime, but he/she is identified by an eyewitness;
e) the person may flee;
f) the person is wanted;
g) this possibility is provided for by the Law of Georgia on International Cooperation in Criminal Matters.
3. A person may be arrested without a court ruling only if there is a probable cause that the person has committed a crime and the risk that he/she may flee, not appear before the court, destroy information that is important to the case, or commit a new crime cannot be prevented by an alternative measure that is proportional to the circumstances of the alleged crime and to personal characteristics of the accused.
4. A minor under Article 26(8) of the Code on Child Rights may not be arrested, except for the case provided for by the legislation of Georgia.

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.
2. The arresting officer shall immediately take the arrested person to the nearest police station or to another law enforcement body.
3. If there is probable cause that the arrested person has a weapon, and/or intends to get rid of it, damage or destroy an item, substance or any other object containing information that has evidentiary value, the arresting officer may conduct a personal search as prescribed by Article 121(2) of this Code.
4. As soon as the arrested person is brought to the place of custody, upon his/her request, the person shall be examined by a physician in order to establish his/her general health condition, and a relevant certificate shall be issued by the physician.
5. The term of arrest shall not exceed 72 hours. Not later than 48 hours after the arrest, the arrested person shall be given an indictment. If an indictment is not given to the arrested person within that period, he/she shall be immediately released.
6. The term of arrest shall be counted towards the term of detention.

Chapter 3 Extradition

Article 30

Application of restriction measures to persons who are subject to extradition to a foreign state

1. Upon the arrest in the territory of Georgia of a person wanted by foreign law enforcement authorities, the relevant district prosecutor shall be notified; the prosecutor shall, within 48 hours, file a motion with the relevant magistrate judge, according to the place of arrest, for the application of restriction measures with respect to the person.

2. Extradition detention, or, taking account of the characteristics of extradition procedures, other restriction measures provided for by the Criminal Procedure Code of Georgia, may be applied to persons wanted by foreign law enforcement authorities.

3. A magistrate judge shall decide on the application of restriction measures to a person wanted by foreign law enforcement authorities in accordance with Article 206 of the Criminal Procedure Code of Georgia, taking account of the characteristics of the extradition procedures. The decision of a magistrate judge may be appealed to the Investigative Chamber of the Court of Appeals within 7 days after it has been served on the person. The Chamber shall review the appeal within 5 days.

4. The term of the extradition detention of an extraditable person arrested in the territory of Georgia shall be 3 months, which may be extended by 3 months for reasons connected with extradition, but not more than twice.

5. In the case specified in paragraph 4 of this article, the relevant magistrate judge shall extend the term of the extradition detention upon a reasonable motion of the prosecutor. The decision of the magistrate judge may be appealed to the Investigative Chamber of the Court of Appeals in accordance with Article 207 of the Criminal Procedure Code of Georgia.

5(1). The relevant competent authority of the foreign state shall be immediately informed through the Ministry of Justice of Georgia of the arrest of a person subject to extradition to the foreign state and the application of procedural restriction measures.

5(2). In the case of the cancellation of extradition detention or of any other restriction measure with respect to an extraditable person, the possibility of subjecting that person to extradition detention or to any other restriction measure again under a court decision shall not be ruled out.

6. A person arrested for the purpose of extradition shall be immediately released from custody if it is established that the person is a Georgian citizen.

Chapter 4 Transmitting criminal case files or their duly certified copies

Article 40

Continuing criminal proceedings in the case of arresting or identifying an accused person in the territory of Georgia

If a person, with respect to whom duly certified copies of the criminal case have been transmitted to a foreign state, has been subsequently arrested or identified in the territory of Georgia, the competent authorities of Georgia shall continue the proceedings against that person. The relevant authority of the foreign state shall be notified through the Ministry of Justice of Georgia.